KY. 

STATE 

LIBRARY. 


EXCHANGE 


OOV^/uOUOo      -<^JO^> 

UNITED  STATES  LAWS 


RELATING    TO    THE 


NAVY,  MARINE  CORPS,  ETC., 


COMPILED   FROM    THE 


REVISED   STATUTES 


SUBSBQUENT  ACTS  10  JUNE  17, 1898, 


A  DIGEST  OF  THE  DECISIONS  OF  THE  COURTS  AND 
OPINIONS  OF  THE  ATTORNEYS-GENERAL. 


BY 

WILLIAM    H.  MICHAEL 

(Late  of  the  U.  S.  Navy), 

AND  ^ 

PUBLISHED     BY    AUTHORITY    OF    CONGRESS. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 

1898. 


.»•:*  >,.:.,     -   •' 


PREFACE. 


The  necessity  for  a  revision  of  the  laws  relating  to  the  Navy  and 
Marine  Corps  was  felt  by  the  Naval  Committee  of  the  two  Houses  of 
Congress  and  by  the  Navy  Department,  and  the  Senate,  through  the 
Joint  Committee  on  Printing,  directed  the  revision  to  be  made.  The 
Secretary  of  the  Navy  tendered  any  assistance  practicable  for  the 
Department  to  extend  in  accomplishing  the  work.  The  Judge- Advo- 
cate-General of  the  Navy,  Captain  Lemly,  examined  the  proof  sheets 
and  noted  many  valuable  suggestions.  Mr.  E.  P.  Hanna,  chief  clerk 
in  the  Judge- Advocate-General's  Office,  read  the  proofs  critically  and 
rendered  the  reviser  most  valuable  assistance  in  many  ways  in  con- 
nection with  the  work.  The  reviser  takes  pleasure  in  acknowledging 
the  valuable  service  thus  rendered  him. 

This  revision  includes  all  laws  relating  to  the  Navy  and  Marine 
Corps  up  to  and  including  June  17, 1898. 

To  keep  the  book  within  proper  limits  as  to  size,  much  matter  con- 
tained in  Mr.  Hogg's  compilation,  which  did  not  strictly  relate  to  the 
Navy  and  Marine  Corps  nor  to  the  Navy  Department,  was  expurgated. 

The  arrangement  is  somewhat  different  from  that  of  Mr.  Hogg,  yet 
in  a  general  way  his  arrangement  has  been  preserved,  for  the  reason 
that  it  was  considered  very  good,  and  because  it  was  thought  desira- 
ble not  to  disturb  the  familiarity  of  those  who  had  used  the  Hogg  com- 
pilation by  substituting  for  it  a  compilation  wholly  different  in  its 
arrangement. 

The  notes  have  been  completely  revised,  and  instead  of  retaining 
them  as  they  were  in  the  Hogg  compilation  they  have  been  uniformly 
inserted  as  footnotes. 

At  the  end  of  the  work  may  be  found  the  gist  of  decisions  of  Federal 
courts  and  opinions  of  Attorneys-General  construing  United  States 
statutes  relating  to  the  Navy  and  Marine  Corps  and  Navy  Depart- 
ment. This  is  alphabetically  arranged,  and  the  author  feels  confident 
that  it  will  be  found  of  value. 

While  the  compiler  is  conscious  that  defects  and  errors  will  be  met 
with  in  this  revision,  as  is  the  case  in  all  works  of  similar  character, 
yet  he  feels  that  it  will  serve  the  purpose  for  which  it  is  intended 
reasonably  well. 

There  have  been  six  compilations  and  revisions  of  the  laws  relating 
to  the  Navy  and  Marine  Corps.  The  first  was  a  volume  of  198  pages, 
and  was  compiled  in  1826  by  order  of  the  Secretary  of  the  Navy.  The 
second  was  by  Benjamin  Homans,  of  the  Navy  Department,  and  was 
compiled  in  1843.  This  volume  contains  246  pages,  and  includes  the 
laws  of  the  Twenty-seventh  Congress.  The  third  was  compiled  in  185& 
by  John  F.  Callan,  clerk  to  the  Military  Committee,  and  A.  W.  Russell, 
clerk  to  the  Naval  Committee  of  the  United  States  Senate,  and  con- 
tains 464  pages.  The  fourth  was  a  revision  of  Mr.  Honians's  work,  and 
was  printed  in  1865.  It  contains  253  pages.  The  fifth  was  made  by 
order  of  the  Navy  Department  in  1875,  and  includes  the  laws  of  the 
Forty-third  Congress.  This  volume  contains  374  pages.  The  sixth 
was  a  compilation  and  revision  by  John  W.  Hogg,  made  in  1883,  and 
contains  401  pages. 

3 

996844 


TABLE  OF  CONTENTS. 


Page. 
Account  ing  officers  and  accounts.    159-166 

Accounts,  accounting,  etc 159-229 

A<  rotiutsof  lost  vessels  ami  cloth- 
ing     166-168 

Advertising,  prices,  etc 168-170 

Allowances,  etc 89-101 

Apprentices,  etc 123-130 

Appropriations,  estimates 170-177 

Articles  for  the  government* of 

the  Navy 7-21 

Artificial  limbs,  trusses,  and  ap- 
pliances        58-60 

Assistant     naval     constructors, 

etc 78-79 

Attorney-General,  Department  of 

Justice,  duties,  etc 178-179 

Attorney-Generals,  opinions  of..   454-523 
Attorneys  and  agents  of  Govern- 
ment     179-180 

Binding,  public 235-245 

Board  of  health 421-428 

Bounty,  etc 272-274 

Bribes,   contributions,    presents, 

etc 268-271 

Buildings,  public 249-250 

Cemeteries,  national 60-61 

Chaplains,  appointment  of,  etc  .  26 

Checks  and  drafts 220-224 

Citizenship 349-351 

Civil  engineers,  appointment  of, 

etc 26-27 

Civil  service 180-196 

Departmental  regulations  ..   189-193 
In  Executive  Departments..   180-188 

Oath  of  office 188-189 

Temporary  vacancies 193-194 

Tenure  of  office,  etc 194-196 

Claims  and  claim  agents 197-202 

Clothing,  lost 166-168 

Coast  survey 274-275 

Coins,  foreign  value  of 226-228 

Collisions,  rules  of  the  sea 275-2J'7 

Conspiracy,  etc 448-453 

Contingent  fun. Is  ..  .  209-210 


Page. 

Contracts,  supplies,  etc 28-44 

Contributions 268-271 

Cooly  trade 440-448 

Courtof Claims,  jurisdiction,  etc.  202-209 
Debts  due  by  or  to  the  United 

States 211-213 

Decisions  of  Federal  courts,  etc  .  454-523 

Deserters  and  desertion 44-  '7 

Dies,  etc  224-229 

Diplomatic  and  consular  officers .  297-300 

Disbursing  officers 159-229 

Disbursing  officers  and  agents  ..  213-220 
Dismissal  and  resignation  of  offi- 
cers         47-50 

Executive      departments,      civil 

service  in 180-188 

Engineer    Corps,    appointments 

in,  etc 50-54 

Expatriation 301 

Extradition 301-305 

Federal  courts,  decisions  of 454-523 

Fish  Commissioner,  duty  of  Navy 

relating  thereto 305-307 

Flags  and  standards 307 

Fraud,  forgery,  theft,  etc 307-311 

Furlough  and  furlough  pay 98-99 

Grounds,  public 249-250 

Guano  islands 311-313 

Habeas  corpus,  power  of  courts, 

etc 313-316 

Homesteads,  rights  of  sailors...  316-319 

Hospitals,  asylums,  etc 54-56 

Hydrographic   Office,   establish- 
ment of,  etc 61-62 

Importations,  etc 320 

Insane  of  the  Navy,  Government 

Hospital  for 56-57 

Insurrection,  etc 448-453 

K idnaping 440-448 

Light-House    Board   and    lights 

and  buoys 320-321 

Lights,  rules  concerning 275-2117 

Line  officers  of  the  Navy,  grades, 

etc *. 62-65 

5 


TABLE    OF    CONTENTS. 


Page 

Mail  matter,  etc 406-411 

Maiming,  punishment  for 343-347 

Marine  Corps 140-159 

Forage,  fuel,  quarters,  etc  ..    156-159 

Organization,  etc 140-146 

Pay.  rations,  and  mileage  of.   149-156 

Retirement   146-149 

Maies.  rating,  etc 65 

Mathematics,  professors  of 102-103 

Medical  Corps,  appointment  in, 

etc 65-69 

Merchant    vessels    and    service. 

yachts 322-343 

Miscellaneous  provisions 21-25-268 

Money,  public 159-229 

Murder,  manslaughter,  maiming, 

mutiny,  etc 343-347 

Mutiny,  punishment  for 343-347 

National  Home  for  Volunteer  Sol- 
diers and  Sailors 57-58 

Naturalization 347-349 

Naturalization,  citizenship 347-349 

Nautical  Almanac 69 

Naval  Academy,  naval  cadets.. .       70-77 

Naval  constructors,  etc 77-78 

N  a  /al  observatory 79 

N a  val  storekeepers 79-80 

Navy    Department,    Secretaries 

and  Bureaus 229-235 

Navy-yards  and  stations 80-84 

Neutrality,  alien  enemies,  etc  .. .  351-360 

Alien  enemies 359-360 

International    convention, 
amelioration  of  wounded, 

etc 355-359 

Patents  and  patented  articles  .. .  360-361 

Pay  and  allowances 89-101 

Pay  ( 'orps 84-89 

Pension  funds,  naval 379-384 

I  vision  laws,  naval 385-399 

Pensions,  Navy 362-379 

Perjury,  punishment  for,  etc 399-400 

Pilots,  pilotage,  regulations,  etc.  404-405 
Piracy,  robbery 400-404 


Page. 

Postage,  mail  matter,  etc 406-411 

Presents,  etc 268-271 

Printing,  public 235-245 

Prize,  prize  money,  etc 412-421 

Prizes,  prize  money 412-421 

Professors  of  mathematics 102-103 

Promotion  or  advancement  in  the 

Navy 103-107 

Public  documents,  public  print- 
ing and  binding 235-245 

Public  or  department  records  ..  -  245-248 
Public   property,  buildings   and 

grounds 249-250 

Public  property,  use  of,  sale  of..  251-261 
Quarantine  and  board  of  health .  421-428 

Railroads  and  telegraphs 428-432 

Rank  and  precedence 108-113 

Rations,  etc 113-115 

Rebellion^etc 448-453 

Records,  departmental 245-248 

Reserved  timber  lands 432-436 

Retirement,  pay,  etc 116-121 

Revenue-Cutter  Service,  rank  in, 

etc 436-439 

Revised  Statutes 261-267 

Salary,  extra,  etc 99-100 

Sale  of  public  property  and  mate- 
rials    257-261 

Seamen  in  the  Navy,  apprentices, 

etc 123-130,322-333 

Secretaries  and  clerks 121-123 

Slave    trade,    kidnaping,    cooly 

trade,  etc 440-448 

Statutes,  Revised  and  at  Large. .  261-267 
Timber  lands  reserved  for  Navy.  432-436 

Traveling  expenses 100-101 

Treason,   rebellion,    conspiracy, 

and  insurrection 448-453 

Vessels  of  the  Navy,  officers,  etc.  130-137 

Volunteer  service,  naval 137 

Warrant    officers,    number    and 

appointment  of,  etc 138-139 

Weights  and  measures 224-229 

Yachts  . .  .  342-343 


.A.  AV  S  . 


DIVISION  I.  . 


ARTICLES  FOR  THE  GOVERNMENT  OF  THE  NAVY. 


Articles  for  the  government  of  the  Navy, 

aec.  1624,600. 
Authoritv  of  officers  after  loss  of  vessel, 

art.  21.' 

Commanding  officers,  duties  of,  art.  20. 
Commanders  duties  of  supervision  and 

control,  art.  1. 
Courts  of  inquiry,  art.  55. 
By  whom  ordered,  art.  55. 
Constitution  of,  art.  5C. 
Oath  of  members  and  judge-advocate 

(if,  art.  58. 
Powers  of,  art.  57. 
Proceedings   of,   how  authenticated 

and  used  as  evidence,  art.  60. 
Eights  of  party  inquired  of,  art.  59. 
Tnals  to  be  within  two  years  of  com 

mitting  offense   art,  61. 
Trials  for  desertion  in  time  of  peace, 

art.  62. 

Martial,  general  siimmary. 
Crimes,    certain,    of  fraud    against   the 

United  States,  art.  14. 
Dealing  in  supplies  on  private  account, 

art.  li. 

Desertion  by  resignation,  art.  10. 
Distilled  spirits  only  as  medical  stores, 

art.  13. 

Divine  service,  art.  2. 
Enlisting  deserters,  minors,  etc.,  art.  19. 
Fugitives  from  service,  returning  same, 

art.  13. 

General  courts-martial,  art.  38. 
By  whom  convened,  art.  38. 
Charges  to  be  furnished  accused,  art. 

43. 

Confirmation  of  sentence  of,  art.  53. 
Constitution  of,  art.  39. 
Contempts  of,  art.  42. 
Duty  of  officer  arrested,  art.  44. 
Flogging,  branding,  etc.,  art.  49. 
Judgment,  authentication  of,  art.  52. 
Members,  absence  of,  art.  46. 
Oaths  of— 

Members  of,  art.  40. 
Judge- Advocate,  art.  40. 
Witnesses,  art.  41. 
Punishment  by,  degree  of,  art.  51. 
Suspension  of — 

For  offenses  in  time  of  peace, 

art.  63. 

Proceedings  of,  art.  45. 
Pay,  art,  48. 


<  Jem-nil  courts-martial — Continued. 
Sentences  of — 

How  determined,  art,  50. 
Remission  and  mitigation  of,  art. 

Trials  to  be  within  two  years  of  com- 
mitting offense,  art.  6] ". 
For  desertion  in  time  of  peace, 

art.  62. 
Provided,  time  limit  to  run  from 

end  of  term,  ibid. 
Witnesses  examined    in  absence  of 

member,  art.  47. 

Importing  goods  in  public  vessels,  art,  12. 
Imprisonment  in  penitentiary,  art.  7. 
Irreverent  behavior,  art,  3. 
Maltreating  persons  taken  on  a  prize,  art. 

Murder,  art,  6. 

Officers  absent  without  leave  may  be  re- 
duced, art.  9. 
Offenses : 

Punishable  by  death,  art.  4. 

Committed  on  shore,  art.  23. 

Not  specified,  art.  22. 

Punishable  at  discretion  of  the  court, 

art,  8. 

Prize-lists,  transmission  of,  art,  15. 
Property,  removing  from  captured  vessel 

before  condemned  as  prize,  art.  16. 
Punishments : 

By  order  of  commander,  art.  24. 

By  officer  temporarily  commanding, 

art.  25. 

For  offenses  in  time  of  peace,  art.  63. 
Spies,  art.  5. 

Summary  courts-martial,  art.  26. 
Constitution  of,  art,  27. 
Dismissal  of  officers  by,  art.  36. 
Disrating  for  incompetency,  art.  31. 
Execution  of  sentence  of,  art.  32. 
Manner  of  conducting  proceedings  of, 

art.  34. 
Oath  of  members  and  recorder  of,  art. 

28. 
Officers  dismissed  by  President  may 

demand  trial,  art.  3*7. 
Punishments  by,  art.  30. 
Remission  of  sentence  of,  art.  33. 
Same  punishments  by  general  court- 
martial,  art.  35. 
Testimony,  how  given,  art.  29. 


SEC.  1624.  The  Navy  of  the  United  States  shall  be  gov-  Tltieio,chap.io. 
erned  by  the  following  articles: 

Articles  estab- 
lished. 

July  17,1862,  s. 
1,  v.  12,  p.  600. 

ARTICLE  1.  The  commanders  of  all   fleets,  squadrons,    Commander's 
naval  stations,  and  vessels   belonging  to  the  Navy,  are  J}jjjn  ^nd^cor- 
required  to  show  in  themselves  a  good  example  of  virtue, 
honor,  patriotism,  and    subordination;    to  be  vigilant  in 

7 


8     LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

inspecting  tlie  conduct  of  all  persons  who  are  placed  under 
tlu'ir  command;  to  guard  against  and  suppress  all  disso- 
lute and  immoral  practices,  and  to  correct,  according  to  the 
laws  and  regulations  of  the  Navy,  all  persons  who  are  guilty 
of  them ;  and  any  such  commander  who  offends  against  this 
article  shall  be  punished  as  a  court  martial  may  direct. 
juiy"':3^''-^      ART.  2,  The  commanders  of  vessels  and  naval  stations 
i,  v.  !•_>.  i,'.  'H'o.  ^  to  which  Chaplains  are  attached  shall  cause  divine  service 
,    .  .      t<>  he. performed  on  Sunday,  whenever  the  weather  and 
.     •  iliiv  I'iicu'iisiances  allow  it  to  be  done;  and  it  is  earnestly 
'  recommended  to  all  officers,  seamen,  and  others  in  the  naval 
service  diligently  to  attend  at  every  performance  of  the 
worship  of  Almighty  God. 

i. -|T"ur V'M  ART.  3.  Any  irreverent  or  unbecoming  behavior  during 

1<Vi!!.T.',art.2.  divine  service  shall  be  punished  as  a  general  or  summary 
court-martial  may  direct. 

ART.  4.  The  punishment  of  death,  or  such  other  punish- 
ment as  a  court-martial  may  adjudge,  may  be  inflicted  on 
any  person  in  the  naval  service — 

Mutiny.  First.  Who  makes,  or  attempts  to  make,  or  unites  with 

tiivy1'  Division*1^  mu^ny  or  mutinous  assembly,  or,  being  witness  to  or 

iv. '  present  at  any  mutiny,  does  not  do  his  utmost  to  s.uppress 

it;  or,  knowing  of  any  mutinous  assembly  or  of  any  intended 

mutiny,  does  not  immediately  communicate  his  knowledge 

to  his  superior  or  commanding  officer; 

Disobedience     Second.  Or  disobeys  the  lawful  orders  of  his  superior 

officer; 

.striking  supe-  Third.  Or  strikes  or  assaults,  or  attempts  or  threatens 
to  strike  or  assault,  his  superior  officer  while  in  the  exe- 
cution of  the  duties  of  his  office; 

Fourth.  Or  gives  any  intelligence  to,  or  holds  or  enter- 
tains  any  intercourse  with,  an  enemy  or  rebel,  without  leave 
from  the  President,  the  Secretary, of  the  Navy,  the  com- 
mander-in-chief  of  the  fleet,  the  commander  of  the  squadron, 
or,  in  case  of  a  vessel  acting  singly,  from  his  commanding 
officer : 

Fifth.  Or  receives  any  message  or  letter  from  an  enemy 
or  rebel,  or,  being  aware  of  the  unlawful  reception  of  such 
message  or  letter,  fails  to  take  the  earliest  opportunity  to 
inform  his  superior  or  commanding  officer  thereof; 
Desertion  in     Sixth.  Or,  in  time  of  war,  deserts  or  entices  others  to 

time  of  war.          rloam-f- 
M4M.  !I)96-aeSeit> 
1998.  Desertion. 

Deserting  trust.     Seventli.  Or,  in  time  of  war,  deserts  or  betrays  his  trust, 

or  entices  or  aids  others  to  desert  or  betray  their  trust; 
wSi6plBf  °"     Eighth.  Or  sleeps  upon  his  watch; 
Leaving  «ta-     Ninth.  Or  leaves    his  station    before    being  regularly 
relieved ; 

Tenth.  Or  intentionally  or  willfully  suffers  any  vessel  of 
T  "'       of  the  Navy  to  be  stranded,  or  run  upon  rocks  or  shoals,  or 
improperly  hazarded;  or  maliciously  or  willfully  injures 
any  vessel  of  the  Navy,  or  any  part  of  her  tackle,  arma- 
ment, or  equipment,  whereby  the  safety  of  the  vessel  is 
ha/ardi'd  or  the  lives  of  the  crew  exposed  to  danger; 
nn        'Seventh.  <  )r  unlawfully  sets  on  fire,  or  otherwise  unlaw- 
iic  property.       folly   destroys,  any  public  property  not  at  the  time  in 
possession  of  an  enemy,  pirate,  or  rebel; 


ARTICLES    GOVERNING    THE    NAVY. 

Twelfth.  Or  strikes  or  attempts  to  strike  the  nag  to  an  ^f^j 
enemy  or  rebel,  without  proper  authority,  or,  when  engaged  y'iei.fini. 
in  battle,  treacherously  yields  or  pusillanimously  cries  for    Soe  note  *• 
quarters  ; 

Thirteenth.  Or,  in   time   of  battle,  displays  cowardice,  b.l(t'jjjrar<lice    in 
negligence,  or  disaffection,  or  withdraws  from  or  keeps  out 
of  danger  to  which  he  should  expose  himself; 

Fourteenth.  Or,  in  time  of  battle,  deserts  his  duty  or 
station,  or  entices  others  to  do  so; 

Fifteenth.  Or  does  not  properly  observe  the  orders  of  his 
commanding  officer,  and  use  his  utmost  exertions  to  carry  for  battle. 
them  into  execution,  when  ordered  to  prepare  for  or  join  in, 
or  when  actually  engaged  in,  battle,  or  while  in  sight  of  an 
enemy; 

Sixteenth.  Or,  being  in  command  of  a  fleet,  squadron,  or    Neglecting  to 

,  .  "  ,  '  ,     clear  for  action. 

vessel  acting  singly,  neglects,  when  an  engagement  is  prob- 
able, or  when  an  armed  vessel  of  an  enemy  or  rebel  is  in 
sight,  to  prepare  and  clear  his  ship  or  ships  for  action; 

Seventeenth.  Or  does  not,  upon  signal  for  battle,  use  h 
utmost  exertions  to  join  in  battle;  battle. 

Eighteenth.  Or  fails  to  encourage,  in  his  own  person,  his 
inferior  officers  and  men  to  fight  courageously;  to  fight. 

Nineteenth.  Or  does  not  do  his  utmost  to  overtake  and  enlountfr*0  seek 
capture   or   destroy   any  vessel  which   it  is  his  duty  to 
encounter; 

Twentieth.  Or  does  not  afford  all  practicable  relief  and  Jj^SfiSSJ** 
assistance  to  vessels  belonging  to  the  United  States  or  their  Apr.  23,  woo,'  v. 
allies  when  engaged  in  battle.  is&,?.i^^ml 

ART.  5.  All  persons  who,  in  time  of  war,  or  of  rebellion    f5Jy8i7  1862  8- 
against  the  supreme  authority  of  the  United  States,  eomei,v.i2,p.eo2,art! 
or  are  found  in  the  capacity  of  spies,  or  who  bring  or  deliver  4'  v.  ivj^woj 
any  seducing  letter  or  message  from  an  enemy  or  rebel,  or  ^ar.  3,  im,  8.  38,' 
endeavor  to  corrupt  any  person  in  the  Navy  to  betray  his  v'seepnote  2. 
trust,  shall  suffer  death,  or  such  other  punishment  as  a 
court-martial  may  adjudge. 

ART.  6.  If  any  person  belonging  to  any  public  vessel  of  jui^n.'i^s. 
the  United  States  commits  the  crime  of  murder  without  the  l,v.i2,p.«02,»rt.5! 
territorial  jurisdiction  thereof,  he  may  be  tried  by  court-  p 
martial  and  punished  with  death. 

ART.  7.  A  naval  court-martial  may  adjudge  the  punish- 
ment  of  imprisonment  for  life,  or  for  a  stated  term,  at  hard    July  17,  i8«2, 
labor,  in  any  case  where  it  is  authorized  to  adjudge  the^rtjg  12'  p>  602> 
punishment  of  death;  and  such  sentences  of  imprisonment    See'  note  3. 
and  hard  labor  may  be  carried  into  execution  in  any  prison 
or  penitentiary  under  the  control  of  the  United  States,  or 


Note  1.  —  By  inadvertanoe  the  statute  reads  "  quarters.'1     It  should  read  quarter. 

Note  2.  —  Such  other  punishment  is  limited  only  to  that  kind  of  punishment  which  See  art.  5. 
has  become  usual.  (Op.,  X,  159.)  Sentence  of  incapacity  or  disability  not  within 
that  range.  Can  only  be  awarded  when  specially  authorized  by  law.  (Naval  con- 
tractor's case.  Op.,  XII,  528.)  To  be  limited  to  the  customs  of  the  service.  Cruel  and 
unusual  punishments  are  forbidden  by  the  law-martial  and  the  Constitution. 
(Op.,  X,  160.) 

NoteS.  —  A  naval  or  marine  court-martial,  upon  conviction  for  an  offense  not  capi-  See  art.  7. 
tal,  under  articles  7  and  8,  may  sentence  to  imprisonment  at  hard  labor.  (Op.,  XII,  p. 
510,  Evarts,  Oct.  IX,  1868;  X,  p.  158,  Bates,  Nov.  1,  1801;  IX,  p.  80,  Black,  Sept.  5,  1857.) 
It  is  held  in  Army  practice  that  a  sentence  of  penitentiary  confinement  in  a  case  of  a 
purely  military  offense  is  wholly  unauthorized  and  should  be  disapproved.  Larceny, 
embezzlement',  violent  crime,  or  other  offenses  made  punishable  with  penitent  iary 
confinemeut  by  the  law  of  the  State,  etc.,  may  be  legally  visited  with  this  punish- 
ment. (Winthrop's  Digest,  p.  115,  new  ed.)  The  same  principles  are  now  applied  by 
the  Navy  Department. 


10    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

which  the  United  States  may  be  allowed,  by  the  legislature 
of  any  State,  to  use;  and  persons  so  imprisoned  in  the 
prison  or  penitentiary  of  any  State  or  Territory  shall  be 
subject,  in  all  respects,  to  the  same  discipline  and  treatment 
as  convicts  sentenced  by  the  courts  of  the  State  or  Terri- 
tory in  which  the  same  may  be  situated. 

hS^tc  ty'fals°      ART.  8.  Such  punishment  as  a  court-martial  may  adj  udge 
may  be  inflicted  on  any  person  in  the  Navy- 

First.   Who  is  guilty  of  profane  swearing,  falsehood, 
drunkenness,  gambling,  fraud,  theft,  or  any  other  scandal- 
ous conduct  tending  to  the  destruction  of  good  morals; 
Cruelty.  Second.  Or  is  guilty  of  cruelty  toward,  or  oppression  or 

maltreatment  of,  any  person  subject  to  his  orders; 
Quarreling.         Third.  Or  quarrels  with,  strikes,  or  assaults,  or  uses  pro- 
voking or  reproachful  words,  gestures,  or  menaces  toward, 
any  person  in  the  Navy; 
Fomenting     Fourth.  Or  endeavors  to  foment  quarrels  between  other 

persons  in  the  Navy; 
Duels.  Fifth.  Or  sends  or  accepts  a  challenge  to  fight  a  duel  or 

acts  as  a  second  in  a  duel; 

Contempt    of     Sixth.  Or  treats  his  superior  officer  with  contempt,  or  is 
'  disrespectful  to  him  in  language  or  deportment,  while  in 

the  execution  of  his  office; 

Combinations     Seventh.  Or  joins  in  or  abets  any  combination  to  weaken 
iltt'r'r.  °rthe  lawful  authority  of,  or  lessen  the  respect  due  to,  his 

i,  v.i2-  P!KS5.7.  commanding  officer  ; 

'  *  n  °  u  8     Eighth.  Or  utters  any  seditious  or  mutinous  words  ; 


April  23,  1800, 
art.  13.  v.  2,  p.  47. 

Neglect  ot  or-     Ninth.  Or  is  negligent  or  careless  in  obeying  orders,  or 

culpably  inefficient  in  the  performance  of  duty; 

BtSS^Smfe     Tenth.  Or  does  not  use  his  best  exertions  to  prevent  the 
ii«-  property.       unlawful  destruction  of  public  property  by  others; 
8t^  exigent     Eleventh.  Or,  through  inattention  or  negligence,  suffers 
any  vessel  of  the  Navy  to  be  stranded,  or  run  upon  a  rock 
or  shoal,  or  hazarded; 

Negligent-  in  Twelfth.  Or,  when  attached  to  any  vessel  appointed  as 
convoy  to  any  merchant  or  other  vessels,  fails  diligently  to 
perform  his  duty,  or  demands  or  exacts  any  compensation 
for  his  services,  or  maltreats  the  officers  or  crews  of  such 
merchant  or  other  vessels; 

Receiving  arti-     Thirteenth.  Or  takes,  receives,  or  permits  to  be  received, 
reight.  on  boar(j  tue  vessei  to  which  he  is  attached,  any  goods  or 
merchandise,  for  freight,  sale,  or  traffic,  except  gold,  silver, 
or  jewels,  for  freight  or  safe-keeping;  or  demands  or  re- 
ceives any  compensation  for  the  receipt  or  transportation 
of  any  other  article  than  gold,  silver,  or  jewels,  without 
authority  from  the  President  or  Secretary  of  the  Navy; 
False  mu.Ht.-r.       Fourtf  eiitli.  Or  knowingly  makes  or  signs,  or  aids,  abets, 
directs,  or  procures  the  making  or  signing  of,  any  false 
muster; 

!1      Fifteenth.  Or  wastes  any  ammunition,   provisions,  or 
other  public  property,  or,  having  power  to  prevent  it,  know- 
ingly permits  such  waste; 
8h^rendering  °"     Sixteenth.  Or,  when  on  shore,  plunders,  abuses,  or  mal- 
treats any  inhabitant,  or  injures  his  property  in  any  way; 


ARTICLES    GOVERNING    THE    NAVY.  11 


Seventeen  tli.  Or  refuses,  or  fails  to  use,  his  utmost  exer-  )r 
tions  to  detect,  apprehend,  and  briny  to  punishment  alien. 
offenders,  or  to  aid  all  persons  appointed  for  that  purpose; 

Eighteenth.  Or,  when  rated  or  acting  as  inaster-at-arms,    ^.fusing  to  re- 
refuses  to  receive  such  prisoners  as  may  be  committed  to  ceive  prisoners. 
his  charge,  or,  having  received  them,  suffers  them  to  escape, 
or  dismisses  them  without  orders  from  the  proper  authority  ; 

Nineteenth.  Or  is  absent  from  his  station  or  duty  with-  Absence  from 
out  leave,  or  after  his  leave  has  expired;  J1,!.1^,  without 

Twentieth.  Or  violates  or  refuses  obedience  to  any  law-    violating  gen- 
ful  general  order  or  regulation  issued  by  the  Secretary  of  regulations? 
the  Navy; 

Twenty-first.  Or,  in  time  of  peace,  deserts  or  attempts  to  ^1*7*^  in 
desert,  or  aids  and  entices  others  to  desert; 

Twenty-  second.  Or  receives  or  entertains  any  deserter    Harboring  cie- 
fro  .1  any  other  vessel  of  the  Navy,  knowing  him  to  be  such,  8eApr?23,  isoo,  v. 
and  does  not,  with  all  convenient  speed,  give  notice  of  such  ^-  «^  Juiy^T, 
deserter  to  the  commander  of  the  vessel  to  which  he  be- 
longs, or  to  the  Commander-in-chief,  or  to  the  commander 
of  the  squadron. 

ART.  9.  Any  officer  who  absents  himself  from  his  com-    officer  fbsent 

,         ._,         f    ,  .    without     leave 

mand  without  leave,  may,  by  the  sentence  of  a  court-  may  be  reduced. 
martial,  be  reduced  to  the  rating  of  an  ordinary  seaman.     2,  ?  13  p%5864'  8< 

ART.  10.  Any  commissioned  officer  of  the  Navy  or  Marine  Desertion  by 
Corps  who,  having  tendered  his  resignation,  quits  his  post  "'A!  gfV.Tsei,  8. 
or  proper  duties  without  leave,  and  with  intent  to  remain2  v-12>p-  31G- 
permanently  absent  therefrom,  prior  to  due  notice  of  the^f?®^^*™1*; 
acceptance  of  such  resignation,  shall  be  deemed  and  pun-  turn,  'Division  i. 
ished  as  a  deserter. 

ART.  11.  No  person  in  the  naval  service  shall  procure    peaiingin  sup- 
stores  or  other  articles  or  supplies  for,  and  dispose  thereof  J^unT.  private 
to,  the  officers  or  enlisted  men  on  vessels  of  the  Navy,  or    Aug.  28,  1842,  s. 
at  navy-yards  or  naval  stations,  for  his  own  account  or  >v'6'p'     ' 
benefit. 

ART.  12.  No  person  connected  with  the  Navy  shall,  under  tJj}Jort^JJ  d£ 
any  pretense,  import  in  a  public  vessel  any  article  which  is  public  vessels  in 
liable  to  the  payment  of  duty.  lo^g.p0^846'8' 

ART.  13.  Distilled  spirits  shall  be  admitted  on  board  of  Distilled  spirits 
vessels  of  war  only  upon  the  order  and  under  the  control  Jtores?8  medlcal 


of  the  medical  officers  of  such  vessels,  and  to  be  used  only    J«iy  14-  1862,  s. 
for  medical  purposes. 

ART.  14.  Fine  and  imprisonment,  or  such  other  punish-  Certain  crimes 
ment  as  a  court-martial  may  adjudge,  shall  be  inflicted  upon  Jh^u  nftTd 
any  person  in  the  naval  service  of  the  United  States  —  St|ee9note2 

Who  presents  or  causes  to  be  presented  to  any  person  in    Presenting 
the  civil,  military,  or  naval  service  thereof,  for  approval  or  a 
payment,  any  claim  against  the  United  States  or  any  officer 
thereof,  knowing  such  claim  to  be  false  or  fraudulent;  or 

Who  enters  into  any  agreement  or  conspiracy  to  defraud    Agreement  to 
the  United  States  by  obtaining,  or  aiding  others  to  obtain,  S^ge  S«nt 
the  allowance  or  payment  of  any  false  or  fraudulent  claim; 
or 

Who,  for  the  purpose  of  obtaining,  or  aiding  others  to    raise  papers. 
obtain,  the  approval,  allowance,  or  payment  of  any  claim 


12          LAWS    RELATING    TO    THE    NAVY,   MARINE    CORPS,  ETC. 


Perjury. 


Forgery. 


Delivering  less 
8  forre" 


against  the  United  States  or  against  any  officer  thereof, 
makes  or  uses,  or  procures  or  advises  the  making  or  use  of, 
any  writing,  or  other  paper,  knowing  the  same  to  contain 
any  false  or  fraudulent  statement;  or 

VYlio,  for  the  purpose  of  obtaining,  or  aiding  others  to 
obtain,  the  approval,  allowance,  or  payment  of  any  claim 
against  the  United  States  or  any  officer  thereof,  makes,  or 
procures  or  advises  the  making  of,  any  oath  to  any  fact  or 
to  any  writing  or  other  paper,  knowing  such  oath  to  be 
false;  or 

Who,  for  the  purpose  of  obtaining,  or  aiding  others  to 
obtain,  the  approval,  allowance,  or  payment  of  any  claim 
against  the  I'nitcd  States  or  any  officer  thereof,  forges  or 
counterfeits,  or  procures  or  advises  the  forging  or  counter- 
feiting of,  any  signature  upon  any  writing  or  other  paper, 
or  uses,  or  procures  or  advises  the  use  of,  any  such  signa- 
ture, knowing  the  same  to  be  forged  or  counterfeited;  or 

Who,  having  charge,  possession,  custody,  or  control  of 
any  money  or  other  property  of  the  United  States,  furnished 
or  intended  for  the  naval  service  thereof,  knowingly  de- 
livers, or  causes  to  be  delivered,  to  any  person  having  au- 
thority to  receive  the  same,  any  amount  thereof  less  than 
that  for  which  he  receives  a  certificate  or  receipt;  or 

Who,  being  authorized  to  make  or  deliver  any  paper 
certify  ing  the  receipt  of  any  money  or  other  property  of 
the  United  States,  furnished  or  intended  for  the  naval 
service  thereof,  makes,  or  delivers  to  any  person,  such 
writing,  without  having  full  knowledge  of  the  truth  of  the 
statements  therein  contained,  and  with  intent  to  defraud 
the  United  States;  or 

^h°  steals,  embezzles,  knowingly  and  willfully  misap- 
propriates, applies  to  his  own  use  or  benefit,  or  wrongfully 
and  knowingly  sells  or  disposes  of  any  ordnance,  arms, 
equipments,  ammunition,  clothing,  subsistence  stores, 
money  or  other  property  of  the  United  States,  furnished 
or  intended  for  the  military  or  naval  service  thereof;  or 

Who  knowingly  purchases,  or  receives  in  pledge  for  any 
obligation  or  indebtedness,  from  any  other  person  who  is 
a  Park  °^  01  empl°ye(l  *n  saul  service,  any  ordnance,  arms, 
equipments,  ammunition,  clothing,  subsistence  stores,  or 
other  property  of  the  United  States,  such  other  person  not 
having  lawful  right  to  sell  or  pledge  the  same:  or 

Who  executes,  attempts,  or  countenances  any  other  fraud 
against  the  United  States. 

Alld  if  any  person,  being  guilty  of  any  of  the  offenses 
described  in  this  article  while  in  the  naval  service,  receives 
.  llis  'litharge,  or  is  dismissed  from  the  service,  he  shall 
continue  to  be  liable  to  be  arrested  and  held  for  trial  and 
sentence  by  a  court-martial,  in  the  same  manner  and  to  the 
same  extent  as  if  he  had  not  received  such  discharge  nor 
been  dismissed. 

"  r  ART-  !?•  The  commanding  officer  of  every  vessel  in  the 
Navy  entitled  to  or  claiming  an  awaid  of  prize  money  shall, 
5\'<M''a*  800n  as  ifc  "iay  l»e  practicable  after  the  capture,  transmit 
sec.  46i5.  to  the  Navy  Department  a  complete  list  of  the  officers  and 

1  I'JZr. 


tag  ttth  of. 


wron  efnii  J 


mnitar"g  P?olic 
p" 


juiyr  naiid862 
art.  7,  v.i2,'p.  602! 

reltiabindtotri5 
after   discharge 


2,  v.  12,  p.  697. 


ARTICLES    GOVERNING    THE    NAVY.  13 

men  of  his  vessel  entitled  to  share,  stating  therein  the 
quality  of  each  person  rating1;  and  every  commanding 
officer  who  offends  against  this  article  shall  be  punished  as 
a  court-martial  may  direct. 

ART.  10.  No  person  in  the  Navy  shall  take  out  of  a  prize,  Kemo 
or  vessel  seized  as  a  prize,  any  money,  plate,  goods,  or  any  er,Vu{y'  . 
part  of  her-  equipment,  unless  it  be  for  the  better  preserva  7,r.i2,p.eo7. 
tion  thereof,  or  unless  such  articles  are  absolutely  needed 
for  the  use  of  any  of  the  vessels  or  armed  forces  of  the 
United  States,  before  the  same  arc  adjudged  lawful  prize 
by  a  competent  court;  but  the  whole,  without  fraud,  con- 
cealment, or  embezzlement,  shall  be  brought  in,  in  order 
that  judgment  maybe  passed  thereon;  and  every  person 
who  offends  against  this  article  shall  be  punished  as  a  court- 
martial  may  direct. 

ART.  17.  If  any  person  in  the  Navy  strips  oft'  the  clothes  Maltreating 
of,  or  pillages,  or  in  any  manner  maltreats,  any  person  taken  rjS?  ta 
on  board  a  prize,  he  shall  suffer  such  punishment  as  a  court-  Q  Ju!y  ",  1862,  s. 

,.    i  j-  ^  8,  v.  12,  p.  607. 

martial  may  adjudge. 

ART.  18.  If  any  officer  or  person  in  the  naval  service 


employs  any  of  the  forces  under  his  command  for  the  pur-  {elf8 

pose  of  returning  any  fugitive  from  service  or  labor,  he  1  ^-  1)3'315862>  8- 

shall  be  dismissed  from  the  service. 

ART.  19.  Any  officer  who  knowingly  enlists  into  the  naval    Enlisting    de- 
service  any  deserter  from  the  naval  or  military  service  of  etc.ter8'  " 
the  United  States,  or  any  insane  or  intoxicated  person,  or  ]8M*r-1:]-  18G4'9o' 
any  minor  between  the  ages  of  fourteen  and  eighteen  years,  May  12,1  .379,'  v.  21! 
without  the  consent  of  his  parents  or  guardian,  or  any  minor  p>gee  n0te4. 
under  the  age  of  fourteen  years,  shall  be  punished  as  a  court- 
martial  may  direct. 

ART.  20.  Every  commanding  officer  of  a  vessel  in  the 
Navy  shall  obey  the  following  rules: 

First.  Whenever  a  man  enters  on  board,  the  command-    Men   received 
ing  officer  shall  cause  an  accurate  entry  to  be  made  in  the°" 
ship's  books,  showing  his  name,  the  date,  place,  and  term 
of  his  enlistment,  the  place  or  vessel  from  which  he  was 
received  on  board,  his  rating,  his  descriptive  list,  his  age, 
place  of  birth,  and  citizenship,  with  such  remarks  as  may 
be  necessary. 

Second.  He  shall,  before  sailing,  transmit  to  the  Secre-    List  of  officers, 
tary  of  the  Navy  a  complete  list  of  the  rated  men  under™™'.  antlpa8 
his  command,  showing  the  particulars  set  forth  in  rule  one, 
and  a  list  of  officers  and  passengers,  showing  the  date  of 
their  entering.     And  he  shall  cause  similar  lists  to  be  made 
out  on  the  first  day  of  every  third  month  and  transmitted 
to  the  Secretary  of  the  Navy  as  opportunities  occur,  ac- 
counting therein  for  any  casualty  which  may  have  hap- 
pened since  the  last  list. 

Third.  He  shall  cause  to  be  accurately  minuted  on  the    Deaths  and  de- 
ship's  books  the  names  of  any  persons  dying  or  deserting,  se 
and  the  times  at  which  such  death  or  desertion  occurs. 

Fourth.  In  case  of  the  death  of  any  officer,  man,  or  pas-    Property  of  de- 
sen  ger  on  said  vessel,  he  shall  take  care  that  the  paymaster  ceased  persons. 


Note  4. — Sees.  1418, 1419,  ami  1420,  Revised  Statutes,  have  been  amended  forbidding 
the  enlistment  of  minors  under  fourteen  instead  of  fifteen  years  of  age. 


14    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

secures  all  the  property  of  the  deceased,  for  the  benefit  of 
his  legal  representatives. 

Accounts  of  Fifth.  He  shall  not  receive  on  board  any  man  transferred 
from  any  other  vessel  or  station  to  him,  unless  such  man 
is  furnished  with  an  account,  signed  by  the  captain  and 
paymaster  of  the  vessel  or  station  from  which  he  came, 
specifying  the  date  of  his  entry  on  said  vessel  or  at  said 
station,  tlif  period  and  term  of  his  service,  the'  sums  paid 
him,  the  balance  due  him,  the  quality  in  which  lie  was 
rated,  and  his  descriptive  list. 

Acowmt8fcwm  Sixth.  He  shall,  whenever  officers  or  men  are  sent  from 
tfeeship"  m  his  ship,  for  whatever  cause,  take  care  that  each  man  is 
furnished  with  a  complete  statement  of  his  account,  speci- 
fying the  date  of  his  enlistment,  the  period  and  term  of  his 
service,  and  his  descriptive  list.  Said  account  shall  be 
signed  by  the  commanding  officer  and  paymaster. 

inspection  of  Seventh.  He  shall  cause  frequent  inspections  to  be  made 
into  the  condition  of  the  provisions  on  his  ship,  and  use 
every  precaution  for  their  preservation. 

Heaithofcrew.  Eighth.  He  shall  frequently  consult  with  the  surgeon  in 
regard  to  the  sanitary  condition  of  his  crew,  and  shall  use 
all  proper  means  to  preserve  their  health.  And  he  shall 
cause  a  convenient  place  to  be  set  apart  for  sick  or  disabled 
men,  to  which  he  shall  have  them  removed,  with  their 
hammocks  and  bedding,  when  the  surgeon  so  advises,  and 
shall  direct  that  some  of  the  crew  attend  them  and  keep 
the  place  clean. 

Attendance  at     Ninth.  He  shall  attend  in  person,  or  appoint  a  proper 

nnal  payment  01  •      L       n  •  -«       /*•    , 

crew.  officer  to  attend,  when  his  crew  is  finally  paid  off,  to  see 

that  justice  is  done  to  the  men  and  to  the  United  States  in 
the  settlement  of  the  accounts. 

hung^X^and     Tenth.  He  shall  cause  the  articles  for  the  government  of 
read.  the  Navy  to  be  "hung  up  in  some  public  part  of  the  ship 

and  read  once  a  month  to  his  ship's  company. 

Every  commanding  officer  who  offends  against  the  pro- 
tins  article0        visions  of  this  article  shall  be  punished  as  a  court  martial 
direct. 


ART-  21-  Wnen  the  crew  of  any  vessel  of  the  United 
States  are  separated  from  their  vessel  by  means  of  her 
wreck?  l°ss?  or  destruction,  all  the  command  and  authority 
given  to  the  officers  of  such  vessel  shall  remain  in  full  force 
until  such  ship's  company  shall  be  regularly  discharged 
from  or  ordered  again  into  service,  or  until  a  court-martial 
or  court  of  inquiry  shall  be  held  to  inquire  into  the  loss  of 
said  vessel.  And  if  any  officer  or  man,  after  such  wreck, 
loss,  or  destruction,  acts  contrary  to  the  discipline  of  the 
Navy,  he  shall  be  punished  as  a  court-martial  may  direct. 
not  ART.  22.  All  offenses  committed  by  persons  belonging  to 
the  Navy  which  are  not  specified  in  the  foregoing  article 
shall  be  punished  as  a  court-martial  may  direct. 


See  art.  22.  Note  5.—  On  board  a  United  States  vessel  of  war  on  the  Thames  River,  under  way. 

opposite  New  London,  a  fatal  assault  was  committed  upon  a  member  of  the  crew  by 
another.  Held,  that  a  naval  court-martial  could,  under  article  22,  section  1624, 
Revised  Statutes,  take  .jurisdiction  of  the  offense  as  manslaughter.  The  State 
authorities  could  huve  tried  the  case,  but  it  would  not  have  ousted  the  court-martial 
of  jurisdiction  over  the  same  offense  so  far  as  it  affected  the  order  and  discipline  ol 
tli.  >hip.  (Op.,  XVI.  578,  published  in  General  Order  Navv  Department  239,  Janu- 
ary 25,  1881.) 


ARTICLES    GOVERNING    THE    NAVY.  15 

ART.  23.  All  offenses  committed  by  persons  belonging  [)J1'jj18t's  ,com- 
to  the  Navy  while  on  shore  shall  be  punished  in  the  same  July  17,1862,9! 
manner  as  if  they  had  been  committed  at  sea.  artlis^cPi  C°2' 

ART.  24.  No  commander  of  a  vessel  shall  inflict  upon  a    Punisiimentby 
commissioned  or  warrant  officer  any  other  punishment  than  SJjSe£f  ' <>m" 
private  reprimand,  suspension  from  duty,  arrest,  or  contine- 1  J«iy  17.1802,8. 
ment,  and  such  suspension,  arrest,  or  confinement  shall  not  ibv>  1  >p'6 
continue  longer  than  ten  days,  unless  a  further  period  is 
necessary  to  bring  the  offender  to  trial  by  a  court-martial ; 
nor  shall  he  inflict,  or  cause  to  be  inflicted,  upon  any  petty 
officer,  or  person  of  inferior  rating,  or  marine,  for  a  single 
offense,  or  at  any  one  time,  any  other  than  one  of  the  follow- 
ing punishments,  namely : 

First.  Beduction  of  any  rating  established  by  himself. 

Second.  Confinement,  with  or  without  irons,  single  or 
double,  not  exceeding  ten  days,  unless  further  confinement 
be  necessary,  in  the  case  of  a  prisoner  to  be  tried  by  court- 
martial. 

Third.  Solitary  confinement,  on  bread  and  water,  not 
exceeding  five  days. 

Fourth.  Solitary  confinement  not  exceeding  seven  days. 

Fifth.  Deprivation  of  liberty  on  shore. 

Sixth.  Extra  duties. 

No  other  punishment  shall  be  permitted  on  board  of  ves- 
sels belonging  to  the  Navy,  except  by  sentence  of  a  gen- 
eral or  summary  court-martial.  All  punishments  inflicted 
by  the  commander,  or  by  his  order,  except  reprimands, 
shall  be  fully  entered  upon  the  ship's  log. 

ART.  25.  No  officer  who  may  command  by  accident,  or  rnnishmentby 
in  the  absence  of  the  commanding  officer,  except  when  ^ commanding. 
such  commanding  officer  is  absent  for  a  time  by  leave,  shall  l  £PJ-  ^'/g800;^- 
inflict  any  other  punishment  than  confinement.  sb7  ' 

ART.  26.  Summary  courts-martial  may  be  ordered  upon  cou^ .™artiaL  y 
petty  officers  and  persons  of  inferior  ratings,  by  the  com- 
mander of  any  vessel,  or  by  the  commandant  of  any  navy-    Mar.  2, 1355,  s. 
yard,  naval  station,  or  marine  barracks  to  which  they  ' 

belong,  for  the  trial  of  offenses  which  such  officer  may  deem 
deserving  of  greater  punishment  than  such  commander  or 
commandant  is  authorized  to  inflict,  but  not  sufficient  to 
require  trial  by  a  general  court-martial. 

ART.  27.  A  summary  court-martial  shall  consist  of  three 
officers  not  below  the  rank  of  ensign,  as  members,  and  of  martial 
a  recorder.     The  commander  of  a  ship  may  order  any  offi-    J**1^  ^g88' 
cer  under  his  command  to  act  as  such  recorder. 

ART.  28.  Before  proceeding  to  trial  the  members  of  a    oatb  of  mem- 
summary  court-martial  shall  take  the  following  oath  orer™ 
affirmation,  which  shall  be  administered  by  the  recorder: 
"I,  A  B,  do  swear  (or  affirm)  that  I  will  well  and  truly  try,    Mar.  2.  isss,  s. 
without  prejudice  or  partiality,  the  case  now  depending,  5'1>>6-8 
according  to  the  evidence  which  shall  be  adduced,  the  laws 
for  the  government  of  the  Navy,  and  my  own  conscience." 
After  which  the  recorder  of  the  court  shall  take  the  follow- 
ing oath  or  affirmation,  which  shall  be  administered  by  the 
senior  member  of  the  court:  u  I,  A  I>,  do  swear  (or  affirm) 
that  1  will  keep  a  true  record  of  the/evidence  which  shall 
be  given  before  this  court  and  of  the  proceedings  thereof." 


16    LAWS  KELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Testimony.  ART.  29.  All  testimony  before  a  summary  court-martial 
shall  be  given  orally,  upon  oath  or  affirmation,  administered 
by  the  senior  member  of  the  court. 

punishments  i>y     ART.  30.  S  ii  in  inary  courts-martial   may  sentence  petty 
ts  officers  and  persons  of  inferior  ratings  to  anyone  of  the 

following  punishments,  namely: 

Mar.  2,  1855,  «.     First.  Discharge  from  the  service  with  bad  conduct  dis 
7,  p.  628.  charge;  but  the  sentence  shall  not  be  carried  into  effect  in 

a  foreign  country. 

Second.  Solitary  confinement,  not  exceeding  thirty  days, 
in  irons,  single  or  double,  on  bread  and  water,  or  on  dimin- 
ished rations. 

Third.  Solitary  confinement  in  irons,  single  or  double, 
not  exceeding  thirty  days. 

Fourth.  Solitary  confinement  not  exceeding  thirty  days. 
Fifth.  Confinement  not  exceeding  two  months. 
Sixth.  Seduction  to  next  inferior  rating. 
Seventh.  Deprivation  of  liberty  on  shore  on  foreign  sta- 
tion. 

Eighth.  Extra  police  duties,  and  loss  of  pay,  not  to  exceed 
three  months,  maybe  added  to  any  of  the  above-mentioned 
punishments. 

incomr!etencvfor     ^RT'  ^  A  summary  court-martial  may  disrate  any  rated 
inj  uTyP  rusei  s.  person  for  incoinpetency. 


1,  art.  10,  v.  1-'.  p. 
603. 

Execution    of     ART.  32.  No  sentence  of  a  summary  court-inartial  shall 

mary"  -onrf.  *'  "  ^e  carried  into  execution  until  the  proceedings  and  sen- 

!\iar.  ji,  we^j.  tence  have  been  approved  by  the  officer  ordering  the  court 

Mar'.  2!°i867,s.  5.:and  by  the  commauder-in-chief,  or,  in  his  absence,  by  the 

V'see1i'iote'8       senior  officer  present.    And  no  sentence  of  such  court  which 

involves  loss  of  pay  shall  be  carried  into  execution  until 

the  proceedings  and  sentence  have  been  approved  by  the 

Secretary  of  the  Navy. 

Remission  of  ART.  33.  The  officer  ordering  a  summary  court-martial 
seMar!C2,'  1855,  s.  shall  have  power  to  remit,  in  part  or  altogether,  but  not 
g  v.  10,  p'.  628.  to  commute,  the  sentence  of  the  court.  And  it  shall  be  his 
duty  either  to  remit  any  part  or  the  whole  of  any  sentence, 
the  execution  of  which  would,  in  the  opinion  of  the  surgeon 
or  senior  medical  officer  on  board,  given  in  writing,  produce 
serious  injury  to  the  health  of  the  person  sentenced;  or  to 
submit  the  case  again,  without  delay,  to  the  same  or  to 
another  summary  court-martial,  which  shall  have  power, 
upon  the  testimony  already  taken,  to  remit  the  former  pun- 
ishment and  to  assign  some  other  of  the  authorized  punish- 
ments in  the  place  thereof. 

di?c\Tn"er>rofceed      ^RT-  34.  The  proceedings  of  summary  courts-martial 

in».  '  '  shall  be  conducted  with  as  much  conciseness  and  precision 

9  p  cV'  18:"  s  as  may  be  consistent  with  the  ends  of  justice,  and  under 

such  forms  and  rules  as  may  be  prescribed  by  the  Secre- 

tary of  the  Navy,  with  the  approval  of  the  President;  and 

See  art.  32.  Note  6.—  The  proceedings  of  all  general  and  summary  courts-martial  and  courts  of 

ii  I'linry,  after  action  thereon  l».v  the  reviewing  officer,  will  be  forwarded  direct  to  the 
Judge-Adv.M-atr-tJrn,  n.l  of  th.-  Navy,  accompanied  by  a  comaiunioation  addressed 
'"  l""1  All  oommunlcaoona  pertaining  to  questions  of  law  In-fore  such  courts, 
HM,  Hiring  th,-  art  ion  of  the  Department,  must  also  bf  addr-^t-d  to  him.  (Sec  U.S. 
Navy  Krgulations,  1896.) 


ARTICLES    GOVERNING    THE    NAVY.  17 

all  such  proceedings  shall  be  transmitted,  in  the  usual 
mode,  to  the  Navy  Department. 

ART.  35.  Auy  punishment  which  a  summary  court-mar  m 
tial  is  authorized  to  inliict  may  be  inflicted  by  a  general  SS 
court-martial.  M^l'/oas.  1855)  8> 

ART.  36.  No  officer  shall  be  dismissed  from  the  naval  iu^niis8al  olof- 
service  except  by  the  order  of  the  President  or  by  sentence    jnhr  is,  isee,  a. 
of  a  general  court-martial;  and  in  time  of  peace  no  officer  5> v>  14)  IK  92- 
shall  be  dismissed  except  in  pursuance  of  the  sentence  of 
a  general  court-martial  or  in  mitigation  thereof. 

ART.  37.  When  any  officer,  dismissed  by  order  of  the  mP™jcebr  d^; 
President  since  3d  March,  1805,  makes,  in  writing,  an  president7 may 
application  for  trial,  setting  forth,  under  oath  that  lie  has  de-SandotrS- 

, .         •  1     j  i        T~k         *  T        i      t      "ii  i  -iii  fir.  o,  loOi},  9. 

been  wrongly  dismissed,  the  President  shall,  as  soon  as  the  12,  v.  13, p,  439. 
necessities  of  the  service  may  permit,  convene  a  court-mar- 
tial to  try  such  officer  on  the  charges  on  which  he  shall 
have  been  dismissed.     And  if  such  court-martial  shall  not    see  act  June  22, 
be  convened  within  six  months  from  the  presentation  of  oountfrnt officers! 
such  application  for  trial,  or  if  such  court,  being  convened, 
shall  not  award  dismissal  or  death  as  the  punishment  of 
such  officer,  the  order  of  dismissal  by  the  President  shall 
be  void. 

ART.  38.  General  courts-martial  may  be  convened  by  the   Generaicourts- 
President,  the  Secretary  of  the  Navy,  or  the  commander-  "ou™iyw 
in-chief  of  a  fleet  or  squadron;   but  no  commander  of  a  x  Ju]y1\7' 18f|' 8< 
fleet  or  squadron  in  the  waters  of  the  United  States  shall  eo3ar ' 
convene  such  court  without  express  authority  from  the 
President. 

ART.  39.  A  general  court-martial  shall  consist  of  not  Constitution  of. 
more  than  thirteen  nor  less  than  five  commissioned  officers  i^rtyiY,V18i|  p*. 
as  members  5  and  as  many  officers,  not  exceeding  thirteen,  603.      ' 
as  can  be  convened  without  injury  to  the  service,  shall  be    ' 
summoned  on  every  such  court.    But  in  no  case,  where  it 
can  be  avoided  without  injury  to  the  service,  shall  more 
than  one-half,  exclusive  of  the  president,  be  junior  to  the 
officer  to  be  tried.    The  senior  officer  shall  always  preside 
and  the  others  shall  take  place  according  to  their  rank. 

ART.  40.  The  president  of  the  general  court-martial  shall    oaths  of  mem- 
administer  the  following  oath  or  affirmation  to  the  judge-  advocate. JU 
advocate  or  person  officiating  as  such :  l  JJfiA1^1  s' 

"  I,  A  B,  do  swear  (or  affirm)  that  I  will  keep  a  true  record  '  see  note's. "' 
of  the  evidence  given  to  and  the  proceedings  of  this  court; 
that  I  will  not  divulge  or  by  any  means  disclose  the  sen- 
tence of  the  court  until  it  shall  have  been  approved  by  the 
proper  authority ;  and  that  I  will  not  at  any  time  divulge 
or  disclose  the  vote  or  opinion  of  any  particular  member 
of  the  court,  unless  required  so  to  do  before  a  court  of  jus- 
tice in  due  course  of  law." 

This  oath  or  affirmation  being  duly  administered,  each 
member  of  the  court,  before  proceeding  to  trial,  shall  take 

Note  /.—The  minority  of  some  of  the  memhers  of  a  court-martial  is  not  available     See  art. 39. 
as  an  objection  to  the  validity  of  the  proceedings.     (Op.,  XVI,  550.) 

XoteS. — Special  counsel  may  be  employed  by  the  Attorney-General  at  the  request 
of  the  Secretary  of  the  Navy  to  assist  'the  Judge- Advocate  ill  the  trial  by  court- 
martial.  (18  A.  G.  op.,  p.  135,' Garland,  March  21, 1885.) 

376 2 


18    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

the  following  oath  or  affirmation,  which  shall  be  adminis- 
tered by  the  judge-advocate  or  person  officiating  as  such: 
"  J,  A  B,  do  swear  (or  affirm)  that  I  will  truly  try  without 
prejudice  or  partiality,  the  case  now  depending,  according 
to  the  evidence  which  shall  come  before  the  court,  the  rules 
for  the  government  of  the  Navy,  and  my  own  conscience; 
that  I  will  not  by  any  means  divulge  or  disclose  the  sen- 
tence of  the  court  until  it  shall  have  been  approved  by  the 
proper  authority;  and  that  I  will  not  at  any  time  divulge 
or  disclose  the  vote  or  opinion  of  any  particular  member  of 
the  court,  unless  required  so  to  do  before  a  court  of  justice 
in  due  course  of  law." 

Oath  of  witness.     ART.  41.  An  oath  or  affirmation  in  the  following  form, 
i,^i£]£«».**  shall  be  administered  to  all  witnesses,  before  any  court- 
martial,  by  the  president  thereof: 

"You  do  solemnly  swear  (or  affirm)  that  the  evidence 
you  shall  give  in  the  case  now  before  this  court  shall  be 
the  truth,  the  whole  truth,  and  nothing  but  the  truth,  and 
that  you  will  state  everything  within  your  knowledge  in 
relation  to  the  charges.  So  help  you  God;  (or  'this  you 
do  under  the  pains  and  penalties  of  perjury.')" 

co Contempts  of     ART.  42.  Whenever  any  person  refuses  to  give  his  evi- 
e°id  ,'art.  13.       dence  or  to  give  it  in  the  manner  provided  by  these  arti- 
cles, or  prevaricates,  or  behaves  with  contempt  to  the  court, 
it  shall  be  lawful  for  the  court  to  imprison  him  for  any 
time  not  exceeding  two  months. 

idarar8t  15  ART.  43.  The  person  accused  shall  be  furnished  with  a 
Mar."]6,ri878,  v' true  copy  of  the  charges,  with  the  specifications,  at  the 
20, p. 30.  time  jie  -g  pu^  un(jer  arrest;  and- no  other  charges  than 

those  so  furnished  shall  be  urged  against  him  at  the  trial, 
see  note  9.  unless  it  shall  appear  to  the  court  that  intelligence  of  such 
other  charge  had  not  reached  the  officer  ordering  the  court 
when  the  accused  was  put  under  arrest,  or  that  some  wit- 
ness material  to  the  support  of  such  charge  was  at  that 
time  absent  and  can  be  produced  at  the  trial;  in  which 
case  reasonable  time  shall  be  given  to  the  accused  to  make 
his  defense  against  such  new  charge.  The  person  so  charged 
shall,  at  his  own  request  but  not  otherwise,  be  a  competent 
witness.  And  his  failure  to  make  such  request  shall  not  cre- 
ate any  presumption  against  him. 

ar?e"ted°f  officer     4RT>  ^'  Everv  officer  who  is  arrested  for  trial  shall 

July  i?,  1862,  deliver  up  his  sword  to  his  commanding  officer  and  confine 

art.  15,  v.  12,  p.  njmgeif  ^o  the  limits  assigned  him,  on  pain  of  dismissal 

from  the  service. 

procSigH.n  °f     ART.  45.  When  the  proceedings  of  any  general  court- 
id.,  art. i6-.      martial  have  commenced,  they  shall  not  be  suspended  or 
delayed  on  account  of  the  absence  of  any  of  the  members, 
provided  five  or  more  are  assembled;   but  the  court  is 
enjoined  to  sit  from  day  to  day,  Sundays  excepted,  until 

Note  9.— Article  43  of  the  Articles  for  the  Government  of  the  Navy  (Rev.  Stat., 
1624)  requiring  the  accused  to  be  furnished  with  a  copy  of  the  charges  and  specifica- 
tions "at  the  time  he  is  put  under  arrest,"  refers  toliis  arrest  for  trial  bv  court  - 
martial;  and,  if  he  is  already  in  custody  to  await  the  result  of  a  court  of  inquiry, 
is  sufficiently  complied  with  by  delivering  the  copy  to  him  immediately  after  the 
Secretary  of  the  Navy  has  informed  him  of  that  result,  and  has  ordered  a  court- 
martial  to  convene  to  try  him.  (Johnson  v.  Sayre,  158  U,  S.,  p.  109.) 


ARTICLES    GOVERNING    THE    NAVY.  19 

sentence  is  given,  unless  temporarily  adjourned  by  the 
authority  which  convened  it. 

ART.  46.  No  member  of  a  general  court-martial  BhaU,m^JJJ»°e  of 
after  the  proceedings  are  begun,  absent  himself  therefrom.  mS,«rt.'ie. 
except  in  case  of  sickness,  or  of  an  order  to  go  on  duty 
from  a  superior  officer,  on  pain  of  being  cashiered. 

ART.  47.  Whenever  any  member  of  a  court  martial,  from    witnesses  ex- 
any  legal  cause,  is  absent  from  the  court  after  the  com-  sencTof  i'mem" 
mencement  of  a  case,  all  the  witnesses  who  have  been1'6*'- 
examined  during  his  absence  must,  when  he  is  ready  to     l '' ar 
resume  his  seat,  be  recalled  by  the  court,  and  the  recorded 
testimony  of  each  witness  so  examined  must  be  read  over 
to  him,  and  such  witness  must  acknowledge  the  same  to  be 
correct  and  be  subject  to  such  further  examination  as  the 
said  member  may  require.     Without  a  compliance  with  this 
rule,  and  an  entry  thereof  upon  the  record,  a  member  who 
shall  have  been  absent  during  the  examination  of  a  witness 
shall  not  be  allowed  to  sit  again  in  that  particular  case. 

ART.  48.  Whenever  a  court-martial  sentences  an  officer    Suspension  of 
to  be  suspended,  it  may  suspend  his  pay  and  emoluments  ^^  art.  u. 
for  the  whole  or  any  part  of  the  time  of  his  suspension. 

ART.  49.  In  no  case  shall  punishment  by  flogging,  or  byb^^J|K*e^J8i 
branding,  marking,  or  tattooing  on  the  body  be  adjudged  rid.,arf.8t<Tune 
by  any  court-martial  or  be  inflicted  upon  any  person  in  the6;  ^I2'8'  2'v' 17' 
Navy. 

ART.  50.  No  person  shall  be  sentenced  by  a  court-martial  rte^J^2ff  how 
to  suffer  death,  except  by  the  concurrence  of  two- thirds  of  July  17,1862,  s. 
the  members  present,  and  in  the  cases  where  such  punish-  ^9V- 12)  P-  605» art- 
ment  is  expressly  provided  in  these  articles.    All  other 
sentences  may  be  determined  by  a  majority  of  votes. 

ART.  51.  It  shall  be  the  duty  of  a  court  martial,  in  all.  Adequate  pun- 

,,  •!_•          j_          -I  •     i  •   i  j_       i  i        <     ishment;   recom- 

cases  of  conviction,  to  adjudge  a  punishment  adequate  tomendation     to 
the  nature  of  the  offense;  but  the  members  thereof  maymgrec/-  art    35 
recommend  the  person  convicted  as  deserving  of  clemency,  summaryCourts- 
and  state,  on  the  record,  their  reasons  for  so  doing. 

ART.  52.  The  judgment  of  every  court-martial  shall  be 
authenticated  by  the  signature  of  the  president,  and  of      .,  art' 
every  member  who  may  be  present  when  said  judgment  is 
pronounced,  and  also  of  the  judge- advocate. 

ART.  53.  No  sentence  of  a  court-martial,  extending  to   confirmationof 
the  loss  of  life,  or  to  the  dismissal  of  a  commissioned  or  seidenart.  19. 
warrant  officer,  shall  be  carried  into  execution  until  con- 
firmed by  the  President.    All  other  sentences  of  a  general 
court-martial  maybe  carried  into  execution  on  confirmation 
of  the  commander  of  the  fleet  or  officer  ordering  the.court. 

ART.  54.  Every  officer  who  is  authorized  to  convene  a  miRf  mj- 8n°"f  ^f 
general  court-martial  shall  have  power,  on  revision  of  itstencfa  " 
proceedings,  to  remit  or  mitigate,  but  not  to  commute,  the 
sentence  of  any  such   court  which  he  is  authorized  to 
approve  and  confirm. 

Xote  10— A  milder  punishment  may  be  substituted  by  the  President  for  dismissal.     See  art.  54. 
In  mitigating,  may  substitute  suspension  without  pay,  which  is  an  inferior  degree 
of  the  same  punishment.    Mitigation  must  be  of  the  punishment  adjudged  by  reduc- 
ing and  modifying  its  severity,  except  in  case  of  death,  where  there  is  no  inferior 
degree.    The  Executive  can  not  add  to  the  punishment;  can  not  suspend  pay  or 


20    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

°whoni     ^RT*  &&•  Courts  of  inquiry  may  be  ordered  by  the  Presi- 
>m  dent,  the  Secretary  of  the  Navy,  or  the  commander  of  a 

fleet  o1' 


•J3. 

See  note  11. 

Constitution     ART.  56.  A  court  of  inquiry  shall  consist  of  not  more 
°  id.,  art.  23.       than  three  commissioned  officers  as  members,  and  of  a 
judge  advocate,  or  person  officiating  as  such. 

ART.  57.  Courts  of  inquiry  shall  have  power  to  summon 
witnesses,  administer  oaths,  and  punish  contempts,  in  the 
same  mariner  as  courts-martial;  but  they  shall  only  state 
facts,  and  shall  not  give  their  opinion,  unless  expressly 
required  so  to  do  in  the  order  for  convening. 
.     ART.  58.  The  judge-advocate,  or  person  officiating  as 
advocate.       ?   such,  shall  administer  to  the  members  the  following  oath 
id.,  art.  25.       Qr  amrmation  :  "You  do  swear  (or  affirm)  well  and  truly 
to  examine  and  inquire,  according  to  the  evidence,  into  the 
matter  now  before  you,  without  partiality."    After  which 
the  president  shall  administer  to  the  judge-  advocate,  or 
person  officiating  as  such,  the  following  oath  or  affirmation  : 
"You  do  swear  (or  affirm)  truly  to  record  the  proceedings 
of  this  court  and  the  evidence  to  be  given  in  the  case  in 
hearing." 

emolument  s  where  they  were  not  suspended  by  the  court,  Sentence  of  suspension 
merely  does  not  deprive  the  party  of  pay  or  emoluments.  Where  forfeiture  or  loss 
of  pay  is  made  part  of  the  sentence,  in'  addition  to  confinement  or  suspension  from 
duty,  the  former  may  be  remitted  by  the  proper  authority,  in  whole  or  in  part,  with- 
out'also  remitting  tlie  latter.  (Op.,1  V,  432,  444  ;  V,  45  ;  VI,  200  ;  XV,  175.  ) 

It  is  well  settled  that  it  is  beyond  the  power  of  the  President  to  annul  or  revoke 
tlie  sentence  of  a  court-martial  which  has  been  approved  and  executed  under  a 
former  President  .  The  rule  is  not  confined  to  cases  in  which  the  sentence  is  required 
to  be  approved  by  the  President.  (Op.,  X,  64.  Kefers  to  Op.,  1,  486  ;  IV,  170,  274  ;  VI, 
369,514;  VII,  98.) 

Forfeiture  or  loss  of  pay,  by  confinement  or  suspension  from  duty,  under  a  sen- 
tence of  a  court-martial,  is  not  incurred  unless  the  forfeiture  or  loss  be  imposed  by  the 
sentence.  (Op.,  XV,  175.) 

The  action  of  an  officer  who  ordered  the  court,  on  forwarding  the  proceedings  with 
the  indorsement  "that  the  finding  of  the  court  is  not  sustained  by  the  evidence," 
can  not  be  deemed  to  be  a  disapproval  of  the  sentence  of  the  court.  Such  disap- 
proval should  be  distinctly  expressed.  (Op.,  XVI,  312.) 

Notice  by  the  Secretary  of  the  Navy  of  the  approval  by  the  President  of  the  sen- 
tence of  a  court-martial  is  sufficient  evidence  of  approval  and  promulgation.  (Op., 
XVI,  550;  see  also  XV,  290.)  Sign-manual  of  the  President  not  necessary. 

A.  disapproval  of  a  sentence  by  the  proper  reviewing  officer,  release  from  confine- 
ment, and  restoration  to  duty  is  tantamount  to  an  acquittal  by  the  court.  (Op., 
XIII,  459.) 

When  the  sentence  of  a  court-martial,  lawfully  confirmed,  has  been  executed,  the 
proceedings  in  the  case  are  no  longer  subject  to  review  by  the  President.  (Op..  XV, 
290.)  In  a  note  to  this  opinion,  observations  are  submitted  upon  tlie  authority  of 
the  President  to  appoint  general  courts-martial  in  cases  other  than  those  in  which  lie 
is  expressly  authorized  to  do  so  by  Congress,  and  the  conclusion  reached  that  such 
authority  is  well  established. 

A  midshipman  was  nominated  and  confirmed  as  an  ensign,  subject  to  examination, 
but  subsequently  tried,  never  having  been  examined,  and  sentenced  to  be  dis-.nissed. 
Under  the  circumstances,  was  properly  tried  as  a  midshipman.  (Op.,  XVI,  550.) 

Any  person  having  an  interest  in  the  record  of  a  naval  court-martial  is  entitled  to 
have  an  exemplitied  copy  of  it,  after  the  proceedings  are  consummated  bv  t  lie  proper 
authority.  (Op.,  XI,  137.) 

See  arts.  55  to     Kote  11.  —  Courts  of  inquiry  are  open  or  close,  as  the  authority  ordering  them  m;iy 
60.  determine.     (De  Hart,  276.)     Their  reports  are  not  decisions,  but  advice,  only  lor 

information  of  Executive.  They  are  not  subject  to  statutes  of  limitation.  M;iy  IK; 
ord'-red  ;if  ;my  subsequent  date.'  (Op.,  VIII,  335;  VI,  239.)  A  court  of  inquiry  can 
not  be  ordered  on  a  civilian.  A  body  of  officers  convened  to  inquire  into  and  report 
on  the  facts  of  the  case  of  an  officer  who  has  been  legally  dismissed  is  a  mere  board 
of  invest  JMiition,  and  ran  exerei.se  none  of  the  special  powers  of  a  court-martial  or 
court  of  inquiry.  (Winthrop's  Digest,  125;  see  same  as  to  powers  of  boards  of 
investigation.) 

A  copy  of  the  record  of  a  court  of  inquiry  is  not  to  be  furnished  to  parties,  or  their 
agents,  as  a  matter  of  right,  as  is  the  ropy  of  the  record  of  a  court  -martial.  <  Holt's 
Digest,  4IU 


ARTICLES  —  MISCELLANEOUS   PROVISIONS.  21 


ART.  59.  The  party  whose  conduct  shall  be  the  subject  i 
of  inquiry,  or  his  attorney,  shall  have  the  right  to  cross-    w.,  art.  23. 
examine  all  the  witnesses.  ' 


under  General 
Courts-Martial, 
art.  43. 


ART.  60.  The  proceedings  of  courts  of  inquiry  shall  be 
authenticated  by  the  signature  of  the  president  of  theed\nd  u^f'as 
court  and  of  the  judge-advocate,  and  shall,  in  all  cases  notevidence- 
capital,  nor  extending  to  the  dismissal  of  a  commissioned 
or  warrant  officer,  be  evidence  before  a  court-martial,  pro- 
vided oral  testimony  cannot  be  obtained. 

ART.  61.  ISTo  person  shall  be  tried  by  court-martial  or  wi™ two* years 
otherwise  punished  for  any  offense,  except  as  provided  in  of  committing  of- 
the  following  article,  which  appears  to  have  been  committed le 
more  than  two  years  before  the  issuing  of  the  order  for  such 
trial  or  punishment,  unless  by  reason  of  having  absented 
himself,  or  of  some  other  manifest  impediment  he  shall  not 
have  been  amenable  to  justice  within  that  period. 

ART.  62.  No  person  shall  be  tried  by  court-martial  01^^™*  iuv>rti;]f); 
otherwise  punished  for  desertion  in  time  of  peace  commit- of  peace"1  ^ 
ted  more  than  two  years  before  the  issuing  of  the  order  for  12f "28  Itat'.' L!,' 
such  trial  or  punishment,  unless  he  shall  meanwhile  have osoi   articles 
absented  himself  from  the  United  States,  or  by  reason  ofSST^        * 
some  other  manifest  impediment  shall  not  have  been  amena- 
ble to  justice  within  that  period,  in  which  case  the  time  of 
his  absence  shall  be  excluded  in  computing  the  period  of  the 
limitation : 

Provided,  That  said  limitation  shall  not  begin  until  the  ^^^ijjj*  JjJ 
end  of  the  term  for  which  said  person  was  enlisted  in  the  term.  Feb.  25, 
service. 

ART.  63.  Whenever,  by  any  of  the  Articles  for  the  Gov-  Punishment 
eminent  of  the  Navy  of  the  United  States,  the  punishment  «rae  of  pTate. ln 
on  conviction  of  an  offense  is  left  to  the  discretion  of  thep^P-11^-'^, 
court-martial,  the  punishment  therefor  shall  not,  in  time  of  L'.,  689;  articles 
peace,  be  in  excess  of  a  limit  which  the  President  may  RSJ^fc&fa?; 
prescribe.  1895-  Sup.,chap. 

137. 
MISCELLANEOUS  PROVISIONS. 

•See.  I  Sec. 

1433.  Exercise  of  consular  powers.  |  2003.  Interference  in  elections. 

1440.  Appointments    in    diplomatic  i  5510.  Depriving  citizens  of  civil  rights, 
service.  5528.  Troops  at  elections. 

5529.  Intimidating  voters. 

5530:  Prescribing  voters'  qualifications. 

5531.  Interfering  in  elections. 

5532.  Disqualification  to  hold  office. 

Act  Mar.  3,  1883.     Credit  for  volunteer 

service. 

Act  Jan.  31, 1881.    Acceptance  of  decora- 
tions. 

tories.  j  A  ct  Mar.  3,  1883.    Employment  on  shore 

2002.  Bringing  troops  to  places  of  elec-  i  duty, 

tion. 

SEC.  1433.  The  commanding  officer  of  any  fleet,  squadron,  Title  is,  chap.  2. 
or  vessel  acting  singly,  when  upon  the  high  seas  or  in  any    consular  pow- 
foreign  port  where  there  is  no  resident  consul  of  the  United  erf;eb  20)  1845i  8 
States,  shall  be  authorized  to  exercise  all  the  powers  of  a  2,  v.5,'p.725. 
consul  in  relation  to  mariners  of  the  United  States. 


1442.  Furloughing  officers 

1547.  Regulations  and  general  orders. 

1548.  Otlicers    to   be    furnished    general 

orders. 
1571.  Sea  service  defined. 

1586.  Medicines  and  medical  expenses. 

1587.  Funeral  expenses. 

I860.  Voting  and  holding  office  in  Terri- 


22    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ET(1. 

Accepting  ap-     SEC.  1440.  If  any  officer  of  the  Navy  accepts  or  holds  an 

pointmenta      in  .     ,  ,     .       .«•'       -..    -,  ,.  ,    *  .  />   ,, 

diplomatic  serv-  appointment  in  the  diplomatic  or  consular  service  of  the 
iCMar  30 1868  s  Government,  lie  shall  be  considered  as  having  resigned  his 
2, v.  is,  p.  68.  '  '  place  in  the  Navy,  and  it  shall  be  filled  as  a  vacancy. 

offices011  ghing  ^EC*  1442.  The  Secretary  of  the  Navy  shall  have  author- 
°  Mar8  3, 1835,  s.  ity  to  place  on  furlough  any  officer  on  the  active  list  of  the 

1,      V.      4,      P.        7f>G;    ~" 

Mar.  3,  1845.  s.  6, 
v.  5,  p.  794;  Feb. 
28, 1855,  8.  3,  v.  10, 
p.  617;  June  1, 
1860,  s.  4.  v.  12,  p. 
27.  See  note  1. 
See  same  section 
under  Furlough, 
Title,  "Pay  and 
allowances." 

Title  is,  chap.  7.     SEC.  1547.  The  orders,  regulations,  and  instructions  is- 

Regulations,    sued  by  the  Secretary  of  the  Navy  prior  to  July  14,  1862, 

July  14, 1802^8.  with  such  alterations  as  he  may  since  have  adopted,  with 

Se/note2p'    )0  the  approval  of  the  President,  shall  be  recognized  as  the 

regulations  of  the  Navy,  subject  to  alterations  adopted  in 

the  same  manner. 

copy  to  be  fur-     SEC.  1548.  The  Secretary  of  the  Navy  shall  cause  each 
nijliiy  iTjSK  commissioned  or  warrant  officer  of  the  Navy,  on  his  entry 
19,  v.  i2,  p.  6io. '    into  the  service,  to  be  furnished  with  a  copy  of  the  regula- 
tions and  general  orders  of  the  ISavy  Department  then  in 
force,  and  thereafter  with  a  copy  of  all  such  as  may  be 
issued. 

Title  is,  chap,  s.     SEC.  1571.  No  service  shall  be  regarded  as  sea  service 

sea  serriee.     except  such  as  shall  be  performed  at  sea,  under  the  orders 

3  v^iw80'  8'°f  a  Department  and  in  vessels  employed  by  authority  of 

See  note  3.         law. 

Medicines  and     SEC.  1586.  Expenses  incurred  by  any  officer  of  the  Navy 
SSS0*1   attend" for  medicines  and  medical  attendance  shall  not  be  allowed 
'  juiy  is,  i87o,  s.  unless  they  were  incurred  when  he  was  on  duty,  and  the 
medicines  could  not  have  been  obtained  from  naval  sup- 
plies, or  the  attendance  of  a  naval  medical  officer  could  not 
have  been  had. 

Funeral  ex  SEC.  1587.  No  funeral  expense  of  a  naval  officer  who  dies 
pejuiy'i5, 1870,8.  in  the  United  States,  nor  expenses  for  travel  to  attend  the 
17,  v.  IB,  P.  334.  funeral  of  an  officer  who  dies  there,  shall  be  allowed.  But 

See  sec.  1442.  Note  1.— Furlough  ed,  in  ordinary  sense  of  tlie  administration  of  the  Department,  is 
a  question  of  duty  and  pay,  not  of  rank  or  place  on  the  roll  of  the  Navy.  The  officer 
may  be  restored  by  the  same  power,  retains  his  place  in  the  line  of  promotion,  and 
it  can  not  be  occupied  by  another.  (Op.,  VIII,  223,  Dec.  10,  185C.) 

See  sec.  1547.  Note  %. — Congress  is  empowered  by  the  Constitution  to  make  Navy  Regulations. 
Those  made  by  the  President  or  subordinates  must  be  in  execution  of  and  supple- 
mental to  the  statutes  and  statute  regulations.  (Op.,  VI,  p.  10;  see  also  X.  jt.  4i:i; 
XII I,  p.  9.) 

A  regulation  of  the  Department  (Treasury)  made  in  pursuance  of  an  act  of  Con* 
gress  becomes  a  part  of  the  law,  and  is  of  the  same  force  as  if  incorporated  in  Ilie 
body  of  the  actitself.  (U.  S.  v.  Barrows,  1  Abbott,  U.  S.  R  ,  .T.I.) 

A  regulation  of  a  Department  is  a  rule  made  by  the  head  of  such  Department  for 
its  action,  under  a  statute  conferring  such  power.  ;m<l  lias  the  force  of  law  :  a  men- 
order  of  the  President,  or  the  Secretary  of  the  Department,  is  not  a  regulation. 
(Court  of  Claims,  III,  p.  39.) 

The  Navy  Regulations  on  the  subject  of  payments  to  administrators  and  under 
wills  are  to  be  construed  an  binding  only  upon  the  officers  and  seamen  of  the  Navy ; 
they  are  not  applicable  to  nor  binding  upon  the  accounting  officers  of  the  Treasury 
Department  in  the  settlement  of  naval  accounts,  and  it  was  not  intended  that  they 
should  control  these  officers.  (Op  ,  XVI.  p.  494,  Devens,  May  21,  1880.)  The  general 
tenor  of  this  opinion  is  that  the  Navy  Regulations  are  not  intended  to  affect  any 
persons  except  those  subject  to  the  orders  or  the  Secretary  of  the  Navy. 

See  aec  1571  Note  8.— The  service  which  entitles  an  officer  to  the  pay  allowed  for  "duty  at  sea" 

begins  when,  having  been  ordered  to  a  particular  duty,  be  reports  himself,  in  obedi- 
ence to  the  orders,  at  tin-  place  designated  and  enters  upon  that  duty.  (Op.,X,p. 
191,  Feb.  19,  1862,  and  p.  !>7,  Aug.  H.  1801,  Bates.) 


MISCELLANEOUS    PROVISIONS.  23 

when  an  officer  on  duty  dies  in  a  foreign  country  the  ex-    see  note  4. 
peuses  of  his  funeral,  not  exceeding  his  sea-pay  for  one 
month,  shall  be  defrayed  by  the  Government,  and  paid  by 
the  paymaster  upon  whose  books  the  name  of  such  officer 
was  borne  for  pay. 
SEC.  1860.    *     *     *     Third.  No  officer,  soldier,  seaman,  Title  23,  chap.  i. 


K_JJ_HV^«      J-V_/W»  -•-  AAAJL  Vl»         ^-^  \S      VTA-LAWS.!.  •        k^  V/ i  V4.  A  V^JL   •       W*VUL1C1ULI« 

mariner,  or  other  person  in  the  Army  or  Navy,  or  attached    v0ting  and 

holding  otfi 
Territories. 


L*.      V-lJ- \y     -4.JLJ.  J-U.J       V/A.      -*-^  W  T   ^    *     Vf  J,       UVVVCWU.^/**  VOtlllff       A  11  d 

to  troops  in  the  service  of  the  United  States,  shall  be  al-  ?}^°£^?ce  in 
lowed  to  vote  in  any  Territory,  by  reason  of  being  on  serv- 
ice therein,  unless  such  Territory  is,  and  has  been  for  the  |ej-  g10^-  J'7J; 
period  of  six  months,  his  permanent  domicile.  v.  12,  p.  174 ; 'Mar. 

3,  1883,  22    Stat. 
L.,  567. 

Fourth.  No  person  belonging  to  the  Army  or  Navy  shall 
be  elected  to  or  hold  any  civil  office  or  appointment  in  any    see  notes. 
Territory,  except  officers  of  the  Army  on  the  retired  list. 

SEC.  2002..  No  military  or  naval  officer,  or  other  person      T1*le  w> 
engaged  in  the  civil,  military,  or  naval  service  of  the  United    Bringing 
States,  shall  order,  bring,  keep,  or  have  under  his  authority  p^esoSction0 
or  control,  any  troops  or  armed  men  at  the  place  where  any    see  sees.  5528,' 
general  or  special  election  is  held  in  any  State,  unless  it  be  5529)  5530)  5532< 
necessary  to  repel  the  armed  enemies  of  the  United  States, 
or  to  keep  the  peace  at  the  polls. 

SEC.  2003.  No  officer  of  the  Army  or  Navy  of  the  Un 
States  shall  prescri  be  or  fix,  or  attempt  to  prescribe  or  fix,  eiectioYisT' 
by  proclamation,  order,  or  otherwise,  the  qualifications  of  ggff®  8ecs' 5530> 
voters  in  any  State,  or  in  any  manner  interfere  with  the    Feb.  25,  ises,  s. 
freedom  of  any  election  in  any  State,  or  with  the  exercise *'  v' 13)  p' 437' 
of  the  free  right  of  suffrage  in  any  State. 

SEC.  5510.  Every  person  who,  under  color  of  any  law,  Title  70,  chap.  7. 
statute,   ordinance,    regulation,   or    custom,    subjects,    or    Depriving^m- 
causes  to  be  subjected,  any  inhabitant  of  any  State  or  Ter- ^{Jt88  of  civil 
ritory  to  the  deprivation  of  any  rights,  privileges,  or  im-    May  31, 1370,  s. 
inanities,  secured  or  protected  by  the  Constitution  and  laws 17>  v>  16' p- 144- 
of  the  United  States,  or  to  different  punishments,  pains,  or 
penalties,  011  account  of  such  inhabitant  being  an  alien,  or 
by  reason  of  his  color  or  race,  than  are  prescribed  for  the 
punishment  of  citizens,  shall  be  punished  by  a  fine  of  not 
more  than  one  thousand  dollars,  or  by  imprisonment  not 
more  than  one  year,  or  by  both. 

SEC.  5528.  Every  officer  of  the  Army  or  Navy,  or  other 
person  in  the  civil,  military,  or  naval  service  of  the  United 
States,  who  orders,  brings,  keeps,  or  has  under  his  author-  gjf6^!!08'  2002' 
ity  or  control,  any  troops  or  armed  men  at  any  place  where    Feb.  25,  ises,  s. 
a  general  or  special  election  is  held  in  any  State,  unless  1)V-13'pt437' 
such  force  be  necessary  to  repel  armed  enemies  of  the 
United  States  or  to  keep  the  peace  at  the  polls,  shall  be 
fined  not  more  than  five  thousand  dollars,  and  suffer  irn- 

Note  4. — Section  1587  prohibits  the  allowance  of  the  funeral  expenses  of  an  officer  See  sec.  1587. 
who  dies  in  the  United  States.  The  fact  that  an  officer  had  started  on  foreign 
service,  but  died  in  a  port  of  the  United  States  at  which  his  vessel  had  touched,  does 
not  relieve  the  case  from  the  prohibition  in  the  statute.  (Op.,  XIII,  p.  341,  Nov.  17, 
1870,  case  of  Captain  Harrison.)  Not  held  by  the  Navy  Department  as  prohibiting 
an  allowance  of  an  officer's  funeral  expenses,  to  the  limit  in  the  statute,  who  dies  at 
sea,  on  the  way  home  from  a  foreign  station.  (Case  of  Captain  Lewis,  1880.) 

Note  5. — By  provision  of  subsequent  legislation  officers  on  the  retired  list  may 
legally  hold  civil  office  when  elected  thereto  or  appointed  by  the  President  and  con- 
firmed by  the  Senate. 


24          LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC1, 

prisoninent  at  hard  labor  not  less  than  throe  months  nor 
more  than  five  years. 

intimidation  of     SEC.  5529.  Every  officer  or  other  person  in  the  military 
V°see88ec. 2003.    or  iiaval  service  who,  by  force,  threat,  intimidation,  order, 
ibid., s. 2.        advice,  or  otherwise,  prevents,  or  attempts  to  prevent,  any 
qualified  voter  of  any  State  from  freely  exercising  the  right 
of  suffrage  at  any  general  or  special  election  in  such  State, 
shall  be  fined  not  more  than  five  thousand  dollars,  and  im- 
prisoned at  hard  labor  not  more  than  five  years. 

officersof  Army     SEC.  5530.  Every  officer  of  the  Army  or  Navy  who  pre- 

in<MJu -fiitirations  scribes  or  fixes,  or  attempts  to  prescribe  or  fix,  whether  by 

proclamation,   order,   or  otherwise,   the   qualifications   of 

voters  at  any  election  in  any  State,  shall  be  punished  as 

provided  in  the  preceding  section. 

officers,  etc.,  of     SEC.  5531.  Every  officer  or  other  person  in  the  military 

fJr^eH^with  or  naval  service  who,  by  force,  threat,  intimidation,  order, 

officer  or  election.  or  otherwise,  compels,  or  attempts  to  compel,  any  officer 

v  ibid.,  B.  2.        holding  an  election  in  any  State  to  receive  a  vote  from  a 

person  not  legally  qualified  to  vote,  or  who  imposes,  or 

attempts  to  impose,  any  regulations  for   conducting  any 

general  or  special  election  in  a  State  different  from  those 

prescribed  by  law,  or  who  interferes  in  any  manner  with  any 

officer  of  an  election  in  the  discharge  of  his  duty,  shall 

be  punished  as  provided  in  section  fifty-five  hundred  and 

twenty-nine. 

Disqnaiif  ica-     gEC>  5532.  Every  person  convicted  of  any  of  the  offenses 

tion  for  holding  .  „     ,   .       . .        r>  •»•  ,•  »     «    «          -t-i.. 

oittoe.  specified  in  the  live  preceding  sections,  shall,  in  addition  to 

ibid., as.  1,2.     £jie  punishments  therein  severally  prescribed,  be  disquali- 
fied from  holding  any  office  of  honor,  profit,  or  trust  under 
the  United  States;  but  nothing  in  those  sections  shall  be 
construed  to  prevent  any  officer,  soldier,  sailor,  or  marine 
from  exercising  the  right  of  suffrage  in  any  election  district 
to  which  he  may  belong,  if  otherwise  qualified  according  to 
the  laws  of  the  State  in  which  he  offers  to  vote. 
M»r.  s,  1883.       Amj  all  officers  of  the  Navy  shall  be  credited  with  the 
creditforregu- actual  time  they  may  have  served  as  officers  or  enlisted 
service         !OT  men  in  the  regular  or  volunteer  Army  or  Navy,  or  both,  and 
J5I,ar-3'11f3'p'  shall  receive  all  the  benefits  of  such  actual  service  in  all 

**io  (navfl.1  appro-  .       •       ..  • /»     -n          •  i  »         i        -it 

act) ;  respects  in  the  same  manner  as  if  all  said  service  had  been 
2P'473' continuous  and  in  the  regular  Navy  in  the  lowest  grade 
having  graduated  pay  held  by  such  officer  since  last  enter- 
ing the  service:  Provided,  That  nothing  in  this  clause  shall 
be  so  construed  as  to  authorize  any  change  in  the  dates  of 
commission  or  in  the  relative  rank  of  such  officers:  /Y<> 
Tided  further,  That  nothing  herein  contained  shall  be  so 
construed  as  to  give  any  additional  pay  to  any  such  officer 
during  the  time  of  his  service  in  the  volunteer  army  or  navy. 

Tliat  a11  officers  wll°  liave  been  or  may  be  appointed  to 
o  ««-,'«.  r  s  reap-  any  corps  of  the  Navy  or  to  the  Marine  Corps  after  service 
Po3JL*,  1894, in  a  different  corps  of  the  Navy  or  of  the  Marine  Corps 
eh.  165,  par.  ],'  shall  have  all  the  benefits  of  their  previous  service  in  the 

same  manner  as  if  said  appointments  were  a  reentry  into 

tin*  Navy  or  into  1  he  Marine  Corps. 


MISCELLANEOUS    PROVISIONS.  25 


No  master,  mate,  pilot,  or  engineer  of  steam  vessels 
licensed  under  title  fifty-two  of  the  Eevised  Statutes  shall  29  siat.  L.,  m. 
be  liable  to  draft  in  time  of  War,  except  for  the  perform-  voi.",1^*'  SM 
ance  of  duties  such  as  required  by  his  license;  Exemption 

irom  draft. 

11.   S.,    Title 
LIT. 

and,  while  performing  such  duties  in  the  service  of  the    w»ge»  'for 
United  States,  every  such  master,  mate,  pilot,  or  engineer  "aval  8ervice- 
shall  be  entitled  to  the  highest  rate  of  wages  paid  in  the 
merchant  marine  of  the  United  States  for  similar  services; 

and,  if  killed  or  wounded  while  performing  such  duties    Pensions,  etc. 
under  the  United  States,  they,  or  their  heirs,  or  their  legal 
representatives  shall  be  entitled  to  all  the  privileges  ac- 
corded to  soldiers  and  sailors  serving  in  the  Army  and  Navy, 
under  the  pension  laws  of  the  United  States. 

SEC.  3.  That  all  laws  or  parts  of  laws  in  conflict  with    Repeal. 
this  Act  are  hereby  repealed. 

No  decoration,  or  other  thing,  the  acceptance  of  which  Jan.  31,  issi. 
is  authorized  by  this  act,  and  no  decoration  heretofore  ^Acceptance  of 
accepted,  or  which  may  hereafter  be  accepted,  by  conseiltd(;J°™yons.gi 
of  Congress,  by  any  officer  of  the  United  States,  from  any  2,  chap.  32,  r.  K. 
foreign  government,  shall  be  publicly  shown  or  exposed  p80- 
upon  the  person  of  the  officer  so  receiving  the  same. 

Hereafter  any  present,  decoration,  or  other  thing,  which    ibid.,  a.  3. 
shall  be  conferred  or  presented  by  any  foreign  government 
to  any  officer  of  the  United  States,  civil,  naval,  or  military,  Division  rv. 
shall  be  tendered  through  the  Department  of  State,  and 
not  to  the  individual  in  person,  but  such  present,  decoration, 
or  other  thing  shall  not  be  delivered  by  the  Department  of 
State  unless  so  authorized  by  act  of  Congress. 

Hereafter  no  officer  of  the  Navy  shall  be  employed  on    Mar.  3,  isss. 
any  shore  duty,  except  in  cases  specially  provided  by  law, 
unless  the  Secretary  of  the  Navy  shall  determine  that 
employment  of  an  officer  on  such  duty  is  required  by  the  2,  »8toL 
public  interests,  and  he  shall  so   state  in  the  order 
employment,  and  also  the  duration  of  such  service,  beyond  Aug 
which  time  it  shall  not  continue. 

That  judges-  advocate  of  naval  general  courts-martial  Jap-  26>  1895- 
and  courts  of  inquiry,  and  all  commanders-in-chief  of  naval  28  stat.  L.,  039. 
squadrons,  commandants  of  navy-yards  and  stations,  andM|j!£fIJt2gts'1 
officers  commanding  vessels  of  the  Navy,  and  the  adjutant  rii^rjr  and  ^a' 
and  inspector,  commanding  officers  and  recruiting  officers  oaiha^may  be 
of  the  Marine  Corps  be,  and  the  same  are  hereby,  author-  ^^^afRceta** 
i/ed  to  administer  oaths  for  the  purposes  of  the  adminis-  c°it.ais.,°  B.ccir>2'4, 
tration  of  naval  justice  and  for  other  purposes  of  naval  ^g28'29'40'41' 
administration. 

Note  6.—  A  naval  oflrccr  can  not  lawfully  servo  as  a  master  of  a  private  steam     See  act  of  Mar. 
vessel  in  the  merchant  service  without  having  previously  obtained  the  license  3,  1883. 
required  by  sec.  4438,  R.  S.,  although  he  may  ho  eligible  by  virtue  of  his  commission 
to  take  command  of  a  steam  vessel  of  the  United  States  in  the  naval  service.     (Op., 
XV,  61,  Pierrepont,  Oct.  26,  1875,  Commander  Philips's  case.)      . 


26          LAWS   RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 

CHAPLAINS. 


Sec. 

1395.  Number  and  appointment  of. 

1396.  Qualifications  of. 

1397.  Form  of  worship. 

1398.  Annual  report. 


Sec. 

1479.  Rank. 

1481.  Rank  when  retired  from  age,  etc. 

1556.  Pay. 


Title  is,  chap,  i.     SEC.  1395.  There  shall  be  in  the  Navy,  for  the  public 

Number  a  n  d  armed  vessels  of  the  United  States  in  actual  service  not 

"l3fi?i?MOM.exoee^n8  twenty-four  chaplains,  who  shall  be  appointed 

3,  v.  2,  p.  390;'  by  the  President  with  the  advice  and   consent  of  the 

Apr.  16.  1814,  8.5,  aj 

v.  3,  P.  125;  Aug!  Senate. 

4,  1842,  8.  1,  v.  5, 
p.  500. 

Qualifications     SEC.  1396.  A  chaplain  shall  not  be  less  than  twenty-one 
°f  juiv  14,  1862,  s.  nor  more  than  thirty-five  years  of  age  at  the  time  of  his 
appointment. 


of  wor-     gEc.  1397.  Every  chaplain  shall  be  permitted  to  conduct 
nnei,  1860,  s.  public  worship  according  to  the  manner  and  forms  of  the 
i,v.i2,p.24.       church  of  which  he  may  be  a  member. 

Annual  report.     SEC.  1398.  Chaplains  shall  report  annually  to  the  Secre- 
i,  v.'ijjp.'w880'  8>  tary  of  the  Navy  the  official  services  performed  by  them. 
Title  15,  Chap.4.     SEC.  1479.  Chaplains  shall  have  relative  rank  as  follows: 
Four,  the  relative  rank  of  captain;   seven,  that  of  com- 


an.  ,  ,  - 

'6     1818ma     er>  ^^  uo^  more  than  seven,  that  of  lieutenant-com- 


9  vi6     36 

samosec.'/'Bankmander  or  lieutenant. 


SEC.  1481.  *  *  *  Chaplains,  *  *  *  who  shall 
leneVof  serg\eicer  nave  served  faithfully  for  forty  -five  years,  shall,  when 
11  v  ib3'  1837'  8  retired?  have  the  relative  rank  of  commodore  ;  and  *  *  * 
who  have  been  or  shall  be  retired  at  the  age  of  sixty-  two 
years,  before  having  served  for  forty-five  years,  but  who 
shall  have  served  faithfully  until  retired,  shall,  on  the  com- 
pletion of  forty  years  from  their  entry  into  the  service, 
have  the  relative  rank  of  commodore. 

Titiei5,ch«p.8.     SEC.  1556.  Chaplains,  during  the  first  five  years  after 

pay.  date  of  commission,  when  at  sea,  two  thousand  five  hun- 

3  v  16  15l33i70'  8'  dred  dollars  ;    on  shore  duty,  two  thousand  dollars  ;    on 

leave,  or  waiting  orders,  one  thousand  six  hundred  dollars; 

after  five  years  from  such  date,  when  at  sea,  two  thousand 

eight  hundred  dollars;  on  shore  duty,  two  thousand  three 

hundred  dollars;  on  leave,  or  waiting  orders,  one  thousand 

nine  hundred  dollars. 

CIVIL  ENGINEERS. 

Sec.  i  Sec. 

416.  In  Bureau  Yards  and  Docks.  1478.  Rank.    General  order. 

1413.  Appointment  of  civil  engineers.        |  1556.  Pay. 

Title  10.          SEC.  416.  There   shall   be  in  the     *     *     *     Bureau  of 
YardT  Tnd  Yards  and  Docks:  one  civil  engineer.     *     *     * 

Docks. 

July  5,  1862,  v. 
12,  p.  510. 

See  sec.  1396.  Note  1.—  Under  this  act  the  President  can  not  appoint  a  chaplain  above  the  age  of 
thirty-five,  although  before  its  passage  he  had  instructed  the  Secretary  of  the 
Navy  to  prepare  the  nomination  of  the  person  to  the  Senate.  (Op.,  X,  p.  324,  Bates, 
Aug.  28,  1862.) 


CIVIL    ENGINEERS    IN    THE    NAVY.  27 

SEC.  1413.  The  President,  by  and  with  the  advice  and  Title  15ioha?-_l: 
consent  of  the  Senate,  may  appoint  a  civil  engineer  *  *  Appointment. 
at  each  of  the  navy-yards  where  such  officers  may  be  ^Sf ise?,'  a. 
necessary.  1.  v.  14  'p  490'; 

J  June  17,  1868,  s. 

1,  v.  15,  p.  69. 

SEC.  1478.  Civil  engineers  shall  have  such  relative  rank  Tltle  *&> «*»P«  4. 
as  the  President  may  fix.  Rank. 

Mar.  3,  1871,  s. 
9,v.  16,  p.  536.  See 
same  sec.,  "Rank 

The  President  of  the  United  States  has  this  day,  under  an 
the  provisions  of  section  1478  of  the  lievised  Statutes,  con- 
ferred relative  rank  on  civil  engineers  of  the  Navy,  and 
fixed  the  same  as  follows : 

One  with  the  relative  rank  of  captain.  see  note  i. 

Two  with  the  relative  rank  of  commander. 

Three  with  the  relative  rank  of  lieutenant-commander. 

Four  with  the  relative  rank  of  lieutenant. 

Civil  engineers  will  take  precedence  in  their  corps,  and 
with  other  officers  with  whom  they  hold  relative  rank,  in 
accordance  with  the  law  regulating  precedence  of  officers 
of  the  Navy. 

SEC.  155C.  *  *  *  Civil  engineers,  during  the  first  five  Title  15,  chap.  8. 
years  after  date  of  appointment,  when  on  duty,  two  thou-  pa 
sand  four  hundred  dollars;  on  leave,  or  waiting  orders,  one  3  ^j 
thousand  five  hundred  dollars ;  during  the  second  five  years 
after  such  date,  when  011  duty,  two  thousand  seven  hundred 
dollars;  on  leave,  or  waiting  orders,  one  thousand  eight 
hundred  dollars;  during  the  third  five  years  after  such 
date,  when  on  duty,  three  thousand  dollars ;  on  leave,  or 
waiting  orders,  two  thousand  one  hundred  dollars;  after 
fifteen  years  from  such  date,  when  on  duty,  three  thousand 
five  hundred  dollars;  on  leave,  or  waiting  orders,  two  thou- 
sand six  hundred  dollars. 

SEC.  7.  That  section  two  of  the  Act  making  appropria-  June 3- 1896- 
tions  for  the  legislative,  executive,  and  judicial  expenses  29  stat. L., 202. 
of  the  Government  for  the  fiscal  year  ending  June  thirtieth,  2  ^gg,;  K'  s>t  v> 
eighteen  hundred  and  ninety- five,  and  for  other  purposes,  Rivers  and  bar- 
approved  July  thirty-first,  eighteen  hundred  and  ninety-  Retired  army 
four,  shall  not  be  so  construed  as  to  prevent  the  employ-  Jjj1  ™^0<Jj^2i 
inent  of  any  retired  officer  of  the  Army  or  Navy  to  do  work  aS  *1>mp0en- 
under  the  direction  of  the  Chief  of  Engineers  of  the  United  saj^y  31  1894 
States  Army  in  connection  with  the  improvement  of  rivers  ch.  174,  s.  2,  ante 
and  harbors  of  the  United  States,  or  the  payment  by  thep'|ecame  a  law 
proper  officer  of  the  Treasury  of  any  amounts  agreed  upon  ^^"preSdoiitl 
as  compensation  for  such  employment.  *  *  veto,  Jane 3, ISM! 


Note  1.— See  Ops.,  XV,  pp.  165, 597 ;  XVI,  p.  203,  and  June  17, 1881. 


28    LAWS  RELATING  TO  THE  NAVY.  MARINE  CORPS,  ETC. 


CONTRACTS,  SUPPLIES,  ETC. 


Sec.  I  Sec. 

tea.  3736.  Restriction  on  purchases  of  land, 

money  on  con- 


1549.  Regulations  of  suppl'u 
3G48.  Advances  of  public  n 


tracts. 


3737.  No  transfer  of  contract. 


3738.  Eight  hours  to  be  a  day's  work. 


3709.  Advertisements  for  proposals.  |  3739.  Members  of  Congress  not  to  be  in- 

3710.  Opening  bids.  tercsted  in  contracts. 

3714.  Contracts  for  the  military  or  naval     l!740.  What  interest  Members  ol  <  'onirress 


service,  how  controlled' 


may  have. 


3718.  Naval  supplies  to  be  furnished  by  3741.  Stipulation  that  no  Member  of  Con- 

contract,  gress  has  an  interest. 

3719.  Guarantee.  3742.  Penalty  against  officer  for  making 

3720.  Record  of  bid  and  report  to  Con-  contract  with  a  Member  of  Con- 


gress 
3721.  Purchase  without  advertisements. 


gress 
3743.  Deposit  of  contracts. 


3722.  What  bids  may  be  rejected,  etc.;  :!744.  Contracts  to  be  in  writing. 

opening  bids.  3745.  Oath  to  contract. 

3723.  Contracts  for  foreign  supplies  for  j  3740.  Penalty  for  omitting  returns. 

the  Navy.  '>747.  Instructions. 

3724.  Rejection  of  excessive  bids.  512-515.  Returns  office. 

3725.  Hemp.  .v>ou.  Contracting  beyond  appropriations. 
372G.  Preserved  meats,  etc.  Rent  of  buildings. 

3727.  Flour  and  bread.  Materials  for  steam  boilers. 

3728.  Home  manufactures  to  be  preferred ;  Tobacco  for  the  Navy. 

fuel.  Cotton  cordage  for  the  Navv. 

3729.  Bunting.  Life-saving  dress. 

3730.  Relinquishment  of  reservations  on  Torpedoes  for  the  Navy. 

deliveries.  Small  stores  fund. 

3731.  Name  of  contractor  to  appear  on  3711.  Inspection  of   fuel  in   District    of 
*                              supplies.  Columbia;    appointment     of    in- 

3732.  Unauthorized  contracts  prohibited.  spec-tors,  etc. 

3733.  No  contract  to  exceed  nppropria-  3712.  Appointment  of  inspectors,  etc.,  to 

tion.  be  notified  to  accounting  ollicers. 

2734.  Restrictions  on  commencement  of  3713.  No  payment  without  certificates. 

new  buildings.  28  Stat.,  p. 278.  Material  men. 
3735.  Contracts  limited  to  one  year. 

Title  is,  chap.  7.     SEC.  1549.  It  shall  be  the  duty  of  the  President  to  moke, 
Regulations  of  subject  to  the  provisions  of  law  concerning  supplies,  such 
supplies^  ^^  regulations  for  the  purchase,  preservation,  and  disposition 
a.  2,Uv.'5,  p.  535';  of  all  articles,  stores,  and  supplies  for  persons  in  the  Xavy, 
v^S^ni47' 8'  *'  as  mav  be  necessary  for  the  safe  and  economical  adininis 
see  note  i.       tratiou  of  that  branch  of  the  public  service. 

See  sec.  1549.  Note  J.— Authority  given  by  Congress  to  make  a  contract  implies  none  to  change 
it  after  it  is  made.  (Op.,  IX,  80, 104 ;  see  post,  Supreme  Court  Decisions.) 

Where  a  contract  is  made,  after  advertisement,  with  the  lowest  bidder,  the  head  of 
a  Department  has  no  authority  to  modify  its  terms  in  regard  to  time  of  delivery,  or 
any  other  of  its  material  elements.  (Op.,  IV,  Sept.  24, 1844,  p.  334.) 

Can  not  be  renewed  and  extended  at  the  pleasure  of  a  head  of  a  Department.  No 
extension,  unless  for  a  period  fixed  as  an  alternative  in  the  proposals,  is  authorized 
or  sanctioned  by  law.  (Op.,  XIII,  175,  Dec.  4, 18«9.) 

An  act  directing  the  Secretary  of  the  Navy  to  enter  into  a  contract  is  not  a  con- 
tract per  so.  The  Secretary  makes  the  contract,  and  may  vary  the  details.  ( Wallace, 

VIII,  p.  358;  C.C.,1,28.)    ' 

Where  the  Secretary  of  the  Navy  may  enter  into  a  contract  for  the  construction  of 
a  vessel,  he  may  suspend  the  work  contracted  for  and  agree  with  the  contractors  as 
to  the  compensation  to  be  paid  lor  the  partial  completion  of  the  same.  (C.  C.,11, 
p.  126;  Otto,  V,  91,  p.  321.) 

When  a  contract  is  closed  the  general  rule  is  that  it  must  be  executed  without 
change  of  terms,  which  are  not  subject,  in  general,  to  change  at  the  will  of  either 
party  or  of  both  parties.  (Op.,  X,  480.)  Later  authorities  appear  to  favor  t  In-  exer- 
cise, by  the  head  of  a  Department,  of  a  discretion  to  consent  to  modifications  of 
detail,  in  the  course  of  the  execution  of  public  contracts,  when  such  modifications 
(not  being  in  contravention  of  law)  are  found  to  bo  for  the  public  interest,  and  an) 
not  of  such  a  character  as  to  operate  to  the  pecuniary  disadvantage  of  the  United 
States.  (Wiuthrop's  Digest  cites  Otto  91,  p.  321,  and  Op.,  XV,  481.) 

Where  Congress  authorized  the  examination  of  a  claim  and  appropriated  a  sum 
not  exceeding  a  fixed  amount  to  pay  it,  and  a  less  sum  was  found  due,  held  that  the 
appropriation  was  exhausted  when  latter  amount  was  paid.  (Op.,  IX,  451;  see  Op., 

IX,  449,  as  to  principles  governing  payment  of  money  to  a  citizen  under  a  special  net 
of  Congress.) 

In  breach  of  contract  the  law  contemplates  two  elements  of  damage:  (1)  Losses 
sustained;  (2)  gains  prevented.  (C.  C.,  VII,  543;  alnrme.1  bv  S.  C.) 

A  military  board  of  survey  is  an  ex  parte  tribunal ;  decision  not  binding  on  a  con- 
tractor, its  proceedings  not  evidence  against  him.  etc.  (C.  C.,  VII*,  p.  213.)  The 
award  by  a  commission  on  a  contract  can  bo  refused  to  be  received,  or  the  contractor 
can  accompany  his  receipt  <•!  it  with  a  proper  protest.  (Id? HI.  See  also  C.  C..  1 1  '.»".  > 

The  sureties  of  a  contractor  are  not  responsible  for  fulfillment,  after  his  death,  on 
what  are  called  personal  contracts,  \\here  skill  or  taste  is  required.  (Op.,  VI,  p.  410.) 

A  claim  for  damages  was  adjusted  by  tin;  appropriate  Department  ..n  a  IM  Is  to 


NAVAL    CONTRACTS    AND    SUPPLIES.  29 

[Par.  l.\  Naval  Supply  Fund:  (1)  And  the  Secretary  of  March 3, 1897. 
the  Treasury  is  hereby  authorized  and  directed  to  cause    29  stat.  L.,  648. 
the  general  account  of  advances  to  be  charged  with  the  v^ .^p1 '.5^;    s>> 
sum  of  one  million  dollars,  in  addition  to  the  sum  of  two    »"T' 
hundred  thousand  dollars,  provided  in  the  Act  approved  IIJIV J ['"upp "y 
March  third,  eighteen  hundred  and  ninety-three,  and  the tmul 
three  hundred  thousand  dollars,  provided  in  the  Act  ap- 
proved June  tenth,  eighteen  hundred  and  ninety-six,  mak- 
ing in  all  one  million  five  hundred  thousand  dollars,  which 
amount  shall  be  carried  to  the  credit  of  the  permanent 
naval  supply  fund,  to  be  used  under  the  direction  of  the 
Secretary  of  the  Navy  in  the  purchase  of  supplies  for  the 
naval  service,  and  to  be  reimbursed  from  the  proper  naval 
appropriations,  whenever  the  supplies  purchased  under 
said  fund  are  issued  for  use. 

SEC.  3048.  No  advance  of  public  money  shall  be  made  in  Title  *°- 
any  case  whatever.  And  in  all  cases  of  contracts  for  the  Advances  of 
performance  of  any  service,  or  the  delivery  of  articles  of^^^neyou 
any  description,  for  .the  use  of  the  United  States,  payment  Jan.  si.  1323, 
shall  not  exceed  the  value  of  the  service  rendered,  or  of  s'se^' act  \rflf  ay 
the  articles  delivered  previously  to  such  payment.  *  *  *5)11f9l-r 

4  O  -OL  .  (jr  •  vj  I) . .  I) . 

105. 
See  note  2. 

That  hereafter  no  payment  shall  be  made  from  appropri-  V0fu2pp  5??    s>1 
ations  made  by  Congress  to  any  officer  in  the  Navy  or    Payment' 
Marine  Corps  on  the  active  or  retired  list  while  such  officer  Spi 
18  employed,  after  June  thirtieth,  eighteen  hundred  and  tractors, 
ninety-seven,  by  any  person  or  company  furnishing  naval    Il>s-'§5498- 
supplies  or  war  material  to  the  Government; 

and  such  employment  is  hereby  made  unlawful  after ,  Employment 

•  'tii  IL,       41,  lorDiciQcn. 

said  date. 

SEC.  3709.  All  purchases  and  contracts  for  supplies  or      Title  43. 
services,  in  any  of  the  Departments  of  the  Government,  Advertisements 
except  for  personal  services,  shall  be  made  by  advertising  f°i£7?OS]8oi 
a  sufficient  time  previously  for  proposals  respecting  the  10,  v.  12,  p.  220- 
same-,  when  the  public  exigencies  do  not  require  the  irnme-  is™.™. 1874' v' 
diate  delivery  of  the  articles,  or  performance  of  the  service,    see  notes  3 
When  immediate  delivery  or  i>eribrinauce  is  required  by  the    see'act  of  Jan. 
public  exigency,  the  articles  or  service  required  may  be  pro-  ?7'  }*?*>  amend- 

,    ,       te         J "  J  T  .     mff  this  section. 

cured  by  open  purchase  or  contract,  at  the  places  and  in    see  sec.  3718, 
the  manner  in  which  such  articles  are  usually  bought  and aametitle- 
sold,  or  such  services  engaged,  between  individuals. 

which  the  contractor  agreed.    His  acceptance  and  receipt,  in  full,  for  the  sum  allowed 
is  a  bar  to  his  suit  for  a  further  sum.     (S.  C.,  Otto,  104, 464:  see  also  Wallace,  XIV, 
535.) 
Rescinding  or  renouncing  contracts  (see  C.  C.,  1, 61,  336;  111,38;  V.496;  VII,  331; 

VIII,  67,  319 ;  Op.,  X,  416) .    Government  delaying  or  preventing  performance  by  con- 
tractor (see  C.  C.,  IV,  258,  271;  IX.  p.  244;  Op.,  XI,  263).    Government  requesting  alter- 
ations (C.  C.,  IX,  50;  Wallace,  XVII,  p. 592).    Willingness  and  efforts  to  perform 
(C.  C.,  VII,  93;  V,  490;  Wallace, VIII,  77).    Fraudulent  contracts  (Wallace, VII,  463). 
Sot  offs  (Op.,  IV,  380,  XI,  120;   C.  C.,  XVII,  39,236,322).    Fines  and  penalties  (Op., 

IX,  32).    Erasures  and  substitution  01  items  (C.  C.,  II,  366;  Wallace,  VIII,  489 ;  Op., 
XV,  226;  C.  C.,V,215). 

Note2. — This  section  (3G48)  does  not  preclude  a  payment  in  any  case  where  the 
money  has  been  actually  earned  and  the  Government  has  received  an  equivalent 
therefor;  its  object  is  to  prevent  payment  being  made  to  contractors  in  advance  of 
the  performance  of  their  contracts,  whether  for  services  or  supplies  (18  A.  G.,  105). 

\iife  •!. — This  section  invests  the  officer  charged  with  the  duty  of  contracting  for 
supplies,  or  services,  with  discretion  to  dispense  with  advertising  if  the  exigencies 
of  the  service  require  immediate  delivery  or  performance.  (C.  C.,  VII,  93 ;  S.  C., 
Wallace,  VIII,  77;  see  also  Op.,  Ill,  437;  C.  C.,  I,  48-  VII,  84;  II,  96;  IX,  291.) 

Note  4. — A  navy  paymaster  purchasing  under  instructions  from  commanding 
officer,  entitled  to  credit  i'or  sum  expended,  although  purchased  without  advertising. 
(C.  C.,  XV,  247.) 


30    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Mar.  L%  i89i.       All  supplies  hereafter  purchased  with  moneys  appropri- 

26  stat.  L.,  799.  iitecl  for  any  branch  of  the  naval  establishment  shall  be 

90^upp<  R>  s-  p*  purchased,  classified,  and  issued  for  consumption  or  use 

Naval  supplies,  subject    to  the  provisions   contained  in  the  act  making 

•BdUoSu     ed  appropriations  for  the  naval  service,  approved  June  tliir- 

R.  s.,s.  3718.    tieth,  eighteen  hundred  and  ninety,  in  reference  to  sup- 

HiM37i,  ante??!  plies  therein  provided  for  and  on  hand. 

678. 
See  note  5. 

June  so,  1890.       £\l  supplies  purchased  with  moneys  appropriated  by 

26  stat.  L.,  205.  this  act  shall  be  deemed  to  be  purchased  for  the  Navy  and 

deeme^ia'vaiand  not  for  any  bureau  thereof,  and  these  supplies,  together 

not  bureau  sup  with  all  supplies  now  on  hand,  shall  be  arranged,  classified, 

consolidated,  and  catalogued,  and  issued  for  consumption 

or  use,  under  such  regulations  as  the  Secretary  may  pre- 

scribe, without  regard  to  the  bureau  for  which  they  were 

purchased. 

Jan.  27,  1894.      That  section  thirty-seven  hundred  and  nine  of  the  Ee- 
28  stat.  L.,  33.  vised  Statutes  is  amended  by  adding  thereto  the  following  : 
And  the  advertisement  for  such  proposals  shall  be  made 
-ertisernents  by  all  the  Executive  Departments,  including  the  Depart- 
Si  STSrtmen^  ment  of  Labor,  the  United  States  Fish  Commission,  the 
a  R.  s!!  sr3709n  8'  Interstate  Commerce  Commission,  the  Smithsonian  Institu- 
anlfs  notes  6'  7l  ti°n?  ^e  Government  Printing  Office,  the  government  of  the 
District  of  Columbia,  and  the  superintendent  of  the  State, 
t  for  cer-  War,  and  Navy  building,  except  for  paper  and  materials  for 
use  of  the  Government  Printing  Office,  and  materials  used 
in  the  work  of  the  Bureau  of  Engraving  and  Printing, 
which  shall  continue  to  be  advertised  for  and  purchased  as 
—to   be  simui-iiow  provided  by  law,  on  the  same  days  and  shall  each 
designate  two  o'clock  post  meridian  of  such  days  for  the 
opening  of  all  such  proposals  in  each  Department  and  other 
Government  establishment  in  the  city  of  Washington; 
when     ^d  ttie  Secretary  of  the  Treasury  shall  designate  the 
day  or  days  in  each  year  for  the  opening  of  such  proposals 
and  give  due  notice  thereof  to  the  other  Departments  and 
Government  establishments. 
Such  proposals  shall  be  opened  in  the  usual  way  and 

Attorney-Gen-     Note  5.  —  All  purchases  and  contracts  for  supplies  in  any  of  the  Departments  of  the 

eral's  opinion,  Government  must  be  made  by  advertisement  unless  immediate  delivery  is  necessarv. 

Sept,  22,  1894,  vol.     The  first  two  sentences  of  section  3709,  Kevised  Statutes,  as  amended  by  the  acts 

21,  p.  59.  of  January  27,  1894,  chapter  22,  and  April  21,  1894,  chapter  61,  apply  to  purchases 

anywhere  in  the  United  States.    The  remaining  three  sentences  apply  only  to  pur- 

chases in  the  city  of  Washington. 

The  word  ."miscellaneous,"  in  the  urgent  deficiency  act  of  April  21,  1894,  section  2, 
must  be  restricted  to  that  class  of  commodities  which  must  be  purchased  on  a  con- 
siderable scale  and  used  alike  by  many  or  all  of  the  various  Departments  and  Gov- 
ernment establishments  in  the  city  of  Washington. 
Note  6.  —  R.  S.,  sec.  3709,  provides  for  advertisement  for  public  supplies  or  services, 


cept  in  cases  of  public  exigency. 
ote  7.—  See  limitation  uon  thi 


Note  7.—  See  limitation  upon  this  act,  1894,  Apr.  21,  ch.  61,  sec.  2. 

Note  8.  —  The  laws  in  regard  to  advertisements  for  proposal  are  contained  in  the 
following  acts  :  R.  S.  ,  sec.  3709  (see  note  5  above).  R.  S.,  sec.  3828,  no  advertisement 
is  to  be  published  without  authority  from  the  head  of  a  Department.  By  1876, 
July  31,  ch.  246,  par.  2  (1  Supp.  R.  S.,  114),  advertisements  are  not  to  be  published  in 
the  District  of  Columbia  unless  the  contracts  are  to  be  performed  there.  By  1878, 
June  20,  ch.  359,  pars.  4,  5  (1  Supp.  R.  S.,  202),  no  more  than  commercial  rates  are  to  be 
paid  for  advertisements.  By  1881,  Jan.  21,  ch.  25  (1  Supp.  R.  S.,  314),  advertising  in 
the  District  of  Columbia  is  regulated.  - 

Special  provisions  in  regard  to  advertising  for  the  Navy. 

In  the  naval  service:  In  general,  R.  S.,secs.  3718  to  3729;  1890,  June  30,  ch.  640, 
par.  3  (1  Supp.  R.  S.,  762)  ;  1893,  Mar.  3,  Hi.  212,  par.  6. 


Plate  iron,  1878,  June  14,  Res.  No.  30  (1  Supp.  R.  S.,  205). 
Tobacco,  1881,  Mar.  3,  ch.  147  (1  Supp.  R.  S.,  326). 
Gun  steel  or  armor,  1893,  Mar,  3,  ch.  212,  par,  9,  p.  131. 


NAVAL    CONTRACTS    AND    SUPPLIES.  31 

schedules  thereof  duly  prepared  and,  together  with  the 
statement  of  the  proposed  action  of  each  Department  and 
Government  establishment  thereon,  shall  be  submitted  to  ^°to^. 8ubmit- 
a  board,  consisting  of  one  of  the  Assistant  Secretaries  of  e< 
the  Treasury  and  Interior  Departments  and  one  of  the  As- 
sistant Postmasters-General,  who  shall  be  designated  by 
the  heads  of  said  Departments  and  the  Postmaster-General 
respectively,  at  a  meeting  to  be  called  by  the  official  of  the 
Treasury  Department,  who  shall  be  chairman  thereof,  and 
said  board  shall  carefully  examine  and  compare  all  the 
proposals  so  submitted  and  recommend  the  acceptance  or  -acceptance  or 
rejection  of  any  or  all  of  said  proposals.     And  if  any  or  allrejec 
of  such  proposals  shall  be  rejected,  advertisements  for  pro- 
posals shall  again  be  invited  and  proceeded  with  in  the 
same  manner. 

SEC.  2.  That  the  act  entitled  "An  Act  to  amend  Section 
thirty-seven  hundred  and  nine  of  the  Revised  Statutes 
relating  to  contracts  for  supplies  in  the  Departments  at 
Washington,"  approved  January  twenty-seven,  eighteen 
hundred  and  ninety-four,  be,  and  the  same  is  hereby,  so 
amended  that  the  provisions  thereof  shall  apply  only  to 
advertisements  for  proposals  for  fuel,  ice,  stationery,  and 
other  miscellaneous  supplies  to  be  purchased  at  Washing- 
ton for  the  use  of  the  Executive  Departments  and  other 
Government  establishments  therein  named;  and  no  adver- 
tisements made  or  contracts  awarded  or  to  be  awarded 
thereon  since  January  twenty -seven,  eighteen  hundred  and 
ninety-four,  in  accordance  with  the  laws  in  force  prior  to 
said  date,  shall  be  declared  to  be  illegal  or  invalid  for  non- 
compliance  with  said  law  of  January  twenty- seventh,  eight- 
een hundred  and  ninety-four. 

SEC.  3710.  Whenever  proposals  for  supplies  have  been 
solicited,  the  parties  responding  to  such  solicitation  shall  Resv.  ie,  P.  246.' 
be  duly  notified  of  the  time  and  place  of  opening  the  bids, 
and  be  permitted  to  be  present  either  in  person  or  by  attor- 
ney, and  a  record  of  each  bid  shall  then  and  there  be  made. 

SEC.  3714.  All  purchases  and  contracts  for  supplies  or      ontracts 
services  for  the  military  and  naval  service  shall  be  made 
by  or  under  the  direction  of  the  chief  officers  of  the  Depart-       i™a 

i'  „-,  ,        „     .,         ,-..  ,  .       .  in      July  16, 1798,  s. 

ments  of  War  and  of  the  Navy,  respectively.     And  all3,v.i,p.6io;Feb. 
agents  or  contractors  for  supplies  or  service  as  aforesaid  ^ 1877>  v<  19» p- 
shall  render  their  accounts  for  settlement  to  the  accountant 
of  the  proper  Department  for  which  such  supplies  or  serv- 
ices are  required,  subject,  nevertheless,  to  the  inspection 
and  revision  of  the  officers  of  the  Treasury  in  the  manner 
before  prescribed. 

SEC.  3718.  All  provisions,   clothing,  hemp,  and  other  toNbaevafu8rnpi£ 
materials  of  every  name  and  nature,  for  the  use  of  the  Navy  by  contract. 
[excepting  ordnance,  gunpoicder,  or  medicines,  or  the  supplies    j 
tvhich  it  may  be  necessary  to  purchase  out  of  the  United  States 

Note  9.— The  acceptance  of  the  proposition  of  a  bidder  creates  a  contract  of  the     See  sec.  3718. 
same  force  and  effect  as  if  a  formal  contract  had  been  written  out  and  signed  by  the 
parties.     (Otto,  93,  242;  C.  C.,  XVII,  92;  see  Op.,  XV,  648,  as  to  time  in  which  bids 
may  be  withdrawn.) 

When  a  party  furnishes  sureties  and  binds  himself  for  the  performance  of  his  bid, 
if  accepted,  the  contract  becomes  mutual  and  binding  from  the  moment  of  its  accept- 


32    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

^  Mar.  3,  1843,  v.  for  ressels  onfortif/ti  station*;  bunting,  chew,  things  contra- 
<          of  war,  preserved  meats,  pickles,  butter,  and  desiccated 


?R-O  **  °\  v  l  b  28'  vegetables,  flour,  fuel,  and  materials  for  boilers.  Sections 
5i3;  Apr.'  iV.iswi  3721,  3720,  3727,  3728,  3729,  and  acts  of  June  14,  1878,  and 
^See'actofJ^'iue^^"7'^  '»?  1881],  and  the  transportation  thereof,  when  time 
so,  isiHi,  amend-  will  permit,  shall  be  furnished  by  contract,  by  the  lowest 
1  bidder,  as  follows:  In  the  case  of  provisions,  clothing, 
hemp,  and  other  materials,  the  Secretary  of  the  Navy  shall 
advertise,  once  a  week,  for  at  least  four  weeks,  in  one  or 
more  of  the  principal  papers  published  in  the  place  where 
such  articles  are  to  be  furnished,  for  sealed  proposals  for 
furnishing  the  same,  or  the  whole  of  any  particular  class 
thereof,  specifying  the  classes  of  materials  and  referring 
bidders  to  the  several  chiefs  of  Bureaus,  who  will  furnish 
them  with  printed  schedules,  giving  a  full  description  of 
eacli  and  every  article,  with  dates  of  delivery,  and  so  forth. 
In  the  case  of  transportation  of  such  articles,  he  shall 
advertise  for  a  period  of  not  less  than  five  days.  All  such 
proposals  shall  be  kept  sealed  until  the  day  specified  in 
such  advertisement  for  opening  the  same,  when  they  shall 
be  opened  by  or  under  the  direction  of  the  officer  making 
such  advertisement,  in  the  presence  of  at  least  two  persons. 
The  person  offering  to  furnish  any  class  of  such  articles, 
and  giving  satisfactory  security  for  the  performance  thereof, 
under  a  forfeiture  not  exceeding  twice  the  contract  price  in 
case  of  failure,  shall  receive  a  contract  for  furnishing  the 
same. 

June  14,  1878.  That  on  and  after  the  passage  of  this  act,  the  Secretary 
20  stat.LM  253.  of  the  Navy  be,  and  he  is  hereby  authorized  to  purchase  at 
isgis!  p.'  205.  S"  the  lowest  market  price,  such  plate  iron  and  other  material 
Bteam^Srsffor  as  m^  enter  into  the  construction  of  steam  boilers  for  the 
Navy  may8  be  Navy  without;  advertising  for  bids  to  furnish  the  same: 
BttefSrSSt  Provided,  That  he  shall  cause  to  be  sent  to  the  principal 
ment.  dealers  and  manufacturers  of  iron  and  such  other  materials 

3718.  S''  8'  3?°9'  as  may  be  required  specifications  of  the  quality  description 
-notices  of,  to  and  character  of  such  iron  and  materials  so  required  : 
£S?C  And  provided  further,  That  such  plate  iron  and  materials 

sna^  be  subjected  to  the  same  tests  and  inspection  as  now 
provided  for  and  which  inspection  and  tests  shall  be  made 
publicly  and  in  presence  of  such  bidders  or  their  authorized 
agents  as  may  choose  to  attend  at  the  making  thereof. 

ance,  although  a  formal  written  contract  is  to  be  subsequently  executed.    (C.  C.,  vol. 

A  formal  notice  to  a  bidder  of  the  acceptance  of  his  bid  and  of  the  award  of  (ho 
contract  to  him  is  beyond  recall,  and  binding  on  the  United  States  as  a  completed 
obligation.  An  award  thus  made  is  in  the  nature  of  a  preliminary  contract.  (Op., 
XV,  226.) 

Head  of  Department  has  power  in  advertising  for  proposals  to  reserve  "the  right 
to  reject  any  and  all  bids  if,  in  his  .judgment,  the  interests  of  the  Government  require 
it."  Kight  of  lowest  bidder  perfect  against  others,  bul  does  not  exclude  tin-  counter 
right  of  the  head  of  the  Department  of  considering,  in  tho  interest  of  the  Govern- 
ment, the  whole  subject,  and  deciding  whether  it  be  fit  that  anv  bid  should  be 
accepted.  (Op.,  XIV,  682.) 

The  statutory  advertisement  for  proposals  does  not  enlarge,  control,  or  change  the 
express  terms  of  the  contract,  and  is  to  be  considered  as  merged  therein.  (C.  C.,  V, 
p.  410.) 

Tin-  advertisement  and  the  proposals  in  response  thereto  do  not  form  a  part  of  tho 
BUbwequent  contract,  and  can  not  be  admitted  to  contradict  or  vary  the  terms  thereof. 

Under  a  contract  for  a  certain  quantity  of  an  article,  or  more  if  required,  a  Depart- 
ment is  not  precluded  from  advertising  for  new  proposals  and  :i\v;mliiig  a  contract 
for  a  superior  article.  Not  obliged  to  receive  more  than  the  specified  quantity.  (Op., 
XVJ.,  183;  see  also  Op.,  X,  93.) 


NAVAL    CONTRACTS    AND    SUPPLIES.  33 

It  shall  be  the  duty  of  the  Bureau  of  Provisions  and  Mar-  2>  1889- 
Clothing  to  cause  property  accounts  to  be  kept  of  all  the  25  stat.  L.,  soo. 
supplies  pertaining  to  the  naval  establishment,  and  to  report  67f  upp-  R  S->  p< 
annually  to  Congress  the  money  value  of  the  supplies  on  Bureau  of  Pro- 
hand  at  the  various  stations  at  the  beginning  of  the  fiscalciothhiginNa^-y 
year,  the  dispositions  thereof,  and  of  the  purchases,  and  the^.^paj3.001111^ 

J          '     ,.,  ,,  T          n  '     .I  i  ot     supplies    on 

expenditures  ot   supplies  for  the  year,  and  the  balances  hand  and  report 
remaining  on  hand  at  the  end  thereof. 


Feb  14,  1879, 
ch.68,par.l,  ante, 
p.  216. 

Bureau  of  Provisions  and  Clothing,  hereafter  to  be  called    Jnly  19>  1892> 
Bureau  of  Supplies  and  Accounts,    *    *    *  27stat.L.,  236. 

Vol.  2,  Supp. 
E.  S.,  p.  40. 

Bureau  of  Sup- 
plies and  Ac- 
counts. 

See  note  10. 

And  all  laws  now  in  force  relating  to  the  Bureau  of  Pro-  ,iSjre21df  SA?" 
visions  and  Clothing  shall  now  and  hereafter  apply  to  the  coimts*1" 
Bureau  of  Supplies  and  Accounts.  sSTnote  nrce' 

And  the  Secretary  of  the  Treasury  is  hereby  authorized    Mar.  s,  iso's. 
and  directed  to  cause  general  account  of  advances  to  be    Permanent  na- 
charged  with  the  sum  of  two  hundred  thousand  dollars,  v^8sPPsLsU283' 
which  amount  shall  be  carried  to  the  credit  of  a  permanent  3673,  36766CS 
naval-  supply  fund  to  be  used  under  the  direction  of  the  Sec-  cb'^  Jf'slfpp. 
retary  of  the  Xavy  in  the  purchase  of  ordinary  commercial  E.s.,i94);Mar.2,' 
supplies  for  the  naval  service,  and  to  be  reimbursed  from  }89}' 
the  proper  naval  appropriations  whenever  the  supplies  90^-  A  G  o 
purchased  under  said  fund  are  issued  for  use.    *    *     *       P.  en.  ' 

And  section  thirty-seven  hundred  and  eighteen  of  the  fo 
Eevised  Statutes  of  the  United  States,  as  amended  by  for  supplies. 
the  act  of  July  nineteenth,  eighteen  hundred  and  ninety-    fee'TSi 
two,  is  hereby  amended  so  as  to  read:  "twice  a  week  forSupp.  E.  s.,  p'. 
two  weeks  or  longer,  not  to  exceed  four  weeks,  or  once  a  ^e'e  notes  12  and 
week  for  two  weeks  or  longer,  not  to  exceed  four  weeks,  in  13- 
the  discretion  of  the  Secretary  of  the  Navy."    *     *     * 

That  no  contract  for  the  purchase  of  gun  steel  or  armor    mlin  8te^  and 
for  the  Navy  shall  hereafter  be  made  until  the  subject-  veSedforf  a 
matter  of  the  same  shall  have  been  submitted  to  public  37u  inT*' 
competition  by  the  Department  by  advertisement.  See  note's  14  and 

ID. 

Note  JO.—  This  appears  in  the  appropriation  act  (27  Stat.  L.,  243)  as  a  heading—  not     Form  explain- 
a  complete  sentence  —  followed  by  the  appropriations  for  the  Bureau  for  the  year.       ed. 

Note  11.—  The  laws  relating  to  this  Bureau  are  :  K.  S.,  sec.  419,  Bureau  authorized  ;     Laws    relating 
R.  S.,  sec.  41G,  employees;  E.  S.,  sees.  421,  425,  qualification  of  chief;  E.  S.,  sees.  420,  to  Bureau. 
430,  3666,  3670,  duties";  K.  S.,  sees.  1471,  1472,  1473,  1565,  rank  and  pay  of  chief;  U.S., 
sec.  1436,  former  chief  exempt  from  sea  duty;  1878,  June  19,  ch.  312  (1  Supp.  E.  S., 
194),  "general  account  of  advances"  authorized;  1879,  Feb.  14,  ch,.  68,  par.  1  (ISupp. 
E.  S.,  216),  "small  stores  fund"  authorized;  1889,  Mar.  2,  ch.  371  (1  Supp.  E.  S.,  678), 
accounts  to  be  kept  and  reports  made  ;  1890,  June  30,  ch.  640,  par.  2  (1  Supp.  E.  S.,  762), 
clothing  and  small  stores  funds  consolidated;  1891,  Mar.  2,  ch.  494,  par.  1  (1  Supp. 
It.  S.,  900),  supplies  to  bo  naval  and  not  bureau  supplies  ;  1893,  Mar.  3,  ch.  212,  par.  2, 
p.  130,  "pay,  miscellaneous,"  to  be  credited  with  certain  receipts. 

Note  12  .—  E.  S.,  sec.  3718,  provides  that  materials  for  the  Navy  shall  be  furnished 
by  contract,  to  be  advertised  "once  a  week,  for  at  least  four  weeks." 

By  1890,  June  30,  ch.  640,  par.  3  (1  Supp.  E.  S.,  762),  this  was  changed  to  "twice  a 
week  for  at  least  two  weeks  or  longer,  not  to  exceed  four  weeks,  in  the  discretion  of 
the  Secretary  of  the  Navy." 

By  1892,  July  19,  ch.  206  (27  Stat.  L.,  243,  244),  this  was  changed  to  "  twice  a  week 
for  two  weeks  or  longer,  not  to  exceed  four  weeks,  or  once  a  week  for  four  weeks,  in 
the  discretion  of  the  Secretary  of  the  Navy." 

These  are  all  superseded  by  the  provision  appearing  above. 

Note  13.  —  This  provision  has  appeared  in  the  naval  appropriation  acts  of  1891,  Mar. 
2,  ch.  494  (26  Stat.  L.,  813),  and  in  1892,  July  19,  ch.  206  (27  Stat.  L.,  249). 

Note  14.—  This  provision  supersedes  a  similar  provision  in  the  appropriation  act 
of  ]892,  July  19,  ch.  206  (27  Stat.  L.,  236). 

Note  15.  —  This  provision  is  repeated  from  the  naval  appropriation  acts  of  1891, 
Mar.  2,  ch.  494  (26  Stat.  L.,  815),  and  1892,  July  19,  ch.  206  (27  Stat.  L.,  251). 

37G  -  3 


34    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Guarantee    of     gEc.  3719.  Every  proposal  for  naval  supplies  invited  by 
Aug.  10,  1846,  the  Secretary  of  the  Navy,  under  the  preceding  section, 
8'No'fees101ire  shall  be  accompanied  by  a  written  guarantee,  signed  by  one 
chargeable  or  more  responsible  persons,  to  the  effect  that  he  or  they 
hc  undertake  that  the  bidder,  if  his  bid  is  accepted,  will,  at 
v  id  of  obtain- such  time  as  may  be  prescribed  by  the  Secretary  of  the 
«5B^c£*$Navy,  give  bond,  with  good  and  sufficient  sureties,  to  fur- 
bondsmen.  Jo  A.  11|s]l  ftie  supplies  proposed;  and  no  proposal  shall  be  cou- 
seenote  16.'     sidered,  unless  accompanied  by  such  guarantee.    If,  after 
the  acceptance  of  a  proposal,  and  a  notification  thereof  to 
the  bidder,  he  fails  to  give  such  bond  within  the  time  pre- 
scribed by  the  Secretary  of  the  Navy,  the  Secretary  shall 
proceed  to  contract  with  some  other  person  for  furnishing 
the  supplies;  and  shall  forthwith  cause  the  difference  be- 
tween the  amount  contained  in  the  proposal  so  guaranteed 
and  the  amount  for  which  he  may  have  contracted  for  fur- 
nishing the  supplies,  for  the  whole  period  of  the  proposal, 
to  be  charged  up  against  the  bidder  and  his  guarantor;  and 
the  same  may  be  immediately  recovered  by  the  United 
States,  for  the  use  of  the  Navy  Department,  in  an  action  of 
debt  against  either  or  all  of  such  persons. 

Record  of  bid     SEC.  3720.  All  such  proposals  for  naval  supplies  shall  be 
conVeJ^01    to  preserved  and  recorded,  and  reported  by  the  Secretary  of 
Mar.  3,  ISA  v.  the  Navy  to  Congress  at  the  commencement  of  every  regu- 
lar session.    The  report  shall  contain  a  schedule  embracing 
the  offers  by  classes,  indicating  such  as  have  been  accepted. 
In  case  of  a  failure  to  supply  the  articles  or  to  perform  the 
work  by  the  person  entering  into  such  contract,  he  and  his 
sureties  shall  be  liable  for  the  forfeiture  specified  in  such 
contract,  as  liquidated  damages,  to  be  sued  for  in  the  name 
of  the  United  States. 

Purchases  that  SEC.  3721.  The  provisions  which  require  that  supplies 
wffhoJT  ad7edresmi11  be  purchased  by  the  Secretary  of  the  Navy  from  the 
using.  lowest  bidder,  after  advertisement,  shall  not  apply  to  ord- 

Mar8e3Ti845  s.  nance,  gunpowder,  or  medicines,  or  the  supplies  which  it 
Mar'  35>i847  sH' m^  ^°  necess^rv  *°  purchase  out  of  the  United  States  for 
v.Q^p.  'i72;  Aug!  vessels  on  foreign  stations,  or  bunting  delivered  for  the  use 
p/?72;8MlrV'2'of  the  Navy>  or  tobacco,  or  butter  or  cheese  destined  for 
1865,  a.' ?,  v.  is,  p'.  the  use  of  the  Navy,  or  things  contraband  of  war.  Con- 
in7de?ee8'eToba°c3  tracts  for  butter  and  cheese  for  the  use  of  the  Navy  may  be 
^iSFcfo116'  made  *or  Perio(ls  longer  than  one  year,  if,  in  the  opinion  of 
329. 4  p'  the  Secretary  of  the  Navy,  economy  and  the  quality  of  the 

procurSrano?1^1011  wil1  be  promoted  thereby.    The  Secretary  of  the 
advertisement.  Navy  may  enter  into  contracts  for  tobacco  from  time  to 
Mail!0  Marchtime,  as  the  service  requires,  for  a  period  not  exceeding 
four  years ;  and  in  making  such  contracts  he  shall  not  be 
restricted  to  the  lowest  bidder,  unless,  in  his  opinion,  econ- 
omy and  the  best  interests  of  the  service  will  be  thereby 
promoted. 

SEC«  3722«  Thc  chief  of  any  Bureau  of  the  Navy  Depart- 
ment, in  contracting  for  naval  supplies,  shall  be  at  liberty 
to  reject  the  offer  of  any  person  who,  as  principal  or  surety, 
has  been  a  defaulter  in  any  previous  contract  with  the 

Note.  16.— This  opinion  was  rendered  upon  the  law  n-(|iiirin^  n,(.  Secretary  of  the 
Navy  to  ascertain  the  suth'ciency  of  sureties  on  bonds  of  pay-olb'n  is. 


NAVAL    CONTRACTS   AND    SUPPLIES.  35 

Navy  Department.  Parties  who  have  made  default  as 
principals  or  sureties  in  any  former  contract  shall  not  be 
received  as  sureties  on  other  contracts;  nor  shall  the  co- 
partners of  any  firm  be  received  as  sureties  for  such  iirm 
or  for  each  other;  nor,  in  contracts  with  the  same  Bureau, 
shall  one  contractor  be  received  as  surety  for  another. 
Every  contract  shall  require  the  delivery  of  a  specified 
quantity,  and  no  bids  having  nominal  or  fictitious  prices 
shall  be  considered.  If  more  than  one  bid  be  offered  by 
any  one  party,  by  or  in  the  name  of  his  or  their  clerk,  part- 
ner, or  other  person,  all  such  bids  may  be  rejected;  and  no 
person  shall  be  received  as  a  contractor  who  is  not  a  man- 
ufacturer of,  or  regular  dealer  in,  the  articles  which  he 
offers  to  supply.  All  persons  offering  bids  shall  have  the  opening  bids, 
right  to  be  present  when  the  bids  are  opened  and  inspect  2|  vfS  p!  828?' s< 
the  same. 

SEC.  3723.  No  chief  of  a  Bureau  shall  make  any  contract    contracts   for 
for  supplies  for  the  Navy,  to  be  executed  in  a  foreign  coun-  roTtfe  Navy! hes 
try,  except  it  be  on  first  advertising  for  at  least  thirty  days3  ^r.  3,  mi,  8. 
in  two  daily  newspapers  of  the  city  of  New  York,  inviting  ' 
sealed  bids  for  furnishing  the  supplies  desired;  which  bids 
shall  be  opened  in  the  presence  of  the  Secretary  of  the 
Navy  and  the  heads  of  two  Bureaus;  and  contracts  shall 
in  all  cases  be  awarded  to  the  lowest  bidder;  and  pay- 
masters for  the  Navy  on  foreign  stations  shall  render,  when  - 
practicable,  with  their  accounts,  an  official  certificate  from 
the  resident  consul,  or  commercial  or  consular  agent  of  the 
United  States,  if  there  be  one,  to  be  furnished  gratuitously, 
vouching  that  all  purchases  and  expenditures  made  by  the 
paymasters  were  made  at  the  ruling  market-prices  of  the 
place  at  the  time  of  purchase  or  expenditure. 

SEC.  3724.  Where  articles  are  advertised  and  bid  for  in    Rejection ofex- 
classes,  and  in  the  judgment  of  the  Secretary  of  the  Navy  Cejuivye4bui864  a. 
any  one  or  more  articles  appear  to  be  bid  for  at  excessive  or  7,  v.  13,  p.  394. ' 
unreasonable  prices,  exceeding  ten  per  centum  above  their 
fair  market-value,  he  shall  be  authorized  to  reject  such  bid. 

SEC.  3725.  All  hemp,  or  preparations  of  hemp,  used  for    Hemp. 
naval  purposes  by  the  Government  of  the  United  States,  ^^^St* 
shall  be  of  American  growth  or  manufacture,  when  the  same 
can  be  obtained  of  as  good  quality  and  at  as  low  a  price  as 
foreign  hemp. 

SEC.  3726.  The  Secretary  of  the  Navy  is  authorized  to    Preserved 
procure  the  preserved  meats,  pickles,  butter,  and  desiccated  mjjSy  i^isei.s. 
vegetables,  in  such  manner  and  under  such  restrictions  and  7> v-  12,  P.  265.  ' 
guarantees  as  in  his  opinion  will  best  insure  the  good  quality 
of  said  articles. 

SEC.  3727.  The  Secretary  of  the  Navy  is  authorized  to    p  1 0  u  r  a  n  a 
purchase,  in  such  manner  as  he  shall  deem  most  advanta-  br£r.  3,  ises  a. 
geous  to  the  Government,  the  flour  required  for  naval  use;  4,  v.  12',  p!  sis. ' 
and  to  have  the  bread  for  the  Navy  baked  from  this  flour 
by  special  contract  under  naval  inspection. 

SEC.  3728.  The  Secretary  of  the  Navy,  in  making  con-    Home  man  n- 

it  -,  ,  *•  '      A»    i        j?  i  111  i actures  to  be  pro- 

tracts and  purchases  of  articles  for  naval  purposes,  shall  ferred. 

give  the  preference,  all  other  things,  including  price  and 
quality,  being  equal,  to  articles  of  the  growth,  production, 


36    LAWS  RELATING  TO  THE  NAVY,  MARINE  COKP;S  ETC. 

niid   manufacture  of  the  United   States.     In    purchasing 

Fuel.  fuel  for  the  Navy,  or  for   naval  stations  and  yards,  the 

s.  i^D^pp/sS  Secretary  of  the  Navy  shall  have  power  to  discriminate  and 

5l5-  purchase,  in  such  manner  as  he  may  deem  proper,  that  kind 

of  fuel  which  is  best  adapted  to  the  purpose  for  which  it  is 

to  be  used. 

Bunting.^  ^  SEC.  3729.  The  Secretary  of  War,  the  Secretary  of  the 
7,  v.  13',  P!  467.°'  8  Navy,  and  the  Secretary  of  the  Treasury  may  enter  into 
contract,  in  open  market,  for  bunting  of  American  manu- 
facture, as  their  respective  services  require,  for  a  period  not 
exceeding  one  year,  and  at  a  price  not  exceeding  that  at 
which  an  article  of  equal  quality  can  be  imported. 

SEC.  3730.  The  Secretary  of  the  Navy  may  relinquish 


on  deil  Series!0118  ail(l  PaY  all  reservation  s  of  the  ten  per  centum  upon  deliv 
jiinenj.844,  8.  eries  made  under  contracts  with  the  Navy  Department, 

'see5note8  iV  and  where  these  reservations  have  arisen  and  the  contracts 
have  been  afterward  extended,  or  where  the  contracts  have 
been  completed  after  the  time  of  delivery,  by  and  with  the 
consent  of  the  Department,  or  where  the  contracts  have 
been  dissolved  by  the  like  consent,  or  have  been  terminated, 
or  an  extension  thereof  has  been  prevented  by  operation 
of  law,  where  no  injury  has  been  sustained  by  the  public 
service. 

trS£eto°afPpear     SEC-  3731-  Every  person  who  shall  furnish  supplies  of 
on  supplies.    '   any  kind  to  the  Army  or  Navy  shall  be  required  to  mark 
'  an(l  distinguish  the  same  with  the  name  of  the  contractor 
furnishing  such  supplies,  in  such  manner  as  the  Secretary 
of  War  and  the  Secretary  of  the  Navy  may,  respectively, 
direct;   and  no  supplies  of  any  kind   shall  be  received, 
unless  so  marked  and  distinguished. 

Unauthorized     SEC.  3732.  No   contract  or  purchase  on  behalf  of  the 

£3?*          b"  United  States  shall  be  made,  unless  the  same  is  authorized 

s  ioavci22'  So1'  kv  ^aw  or  ^S  U11der  an  appropriation  adequate  to  its  fulfill- 

8>  see^noteV  '  ment,  except  in  the  War  and  Navy  Departments,  for  cloth- 

ing, subsistence,  forage,  fuel,  quarters,  or  transportation, 

which,  however,  shall  not  exceed  the  necessities  of  the 

current  year. 

ei?°ed°a  tr  r?  r?  ^EG<  ^733.  -^o  contract  shall  be  entered  into  for  the 
aSon.  a  "  erection,  repair,  or  furnishing  of  any  public  building,  or 
n  v'^^m68'8'*01*  any  Public  improvement  which  shall  bind  the  govern  - 


See  sec.  3730.  Note  17.—  Where  a  contractor  failed  to  compete,  and  other  parties  did  it  on  much 
less  terms,  held  that,  the  United  States  having  sustained  no  loss,  the  original  con- 
tractor was  entitled  to  the  10  per  cent,  reservation,  but  not  to  the  profits  he  -would 
have  made,  nor  to  the  difference  between  the  contract  price  arid  that  which  others 
were  paid.  [Some  special  provisions  were  in  this  contract.]  (Otto,  99,  p.  :iO.) 

Note  18.  —  In  a  failure  to  fulfill,  neither  the  head  of  the  Department  nor  t  lie  account- 
ing officers  can  pay  the  reservations.  They  have  no  authority  to  adjust  claims  for 
damages  under  contracts.  Congress  alone  can  nfl'ord  relief.  (Op.,  II,  481  ;  3  V  .  '•'•-!  •. 
VI,  516.)  Claim  for  unliquidated  damages,  breach  of  contract,  can  not  bo  entertained 
by  the  accounting  officers.  (Op.,  XIV,  p.  24.) 

Contract  fully  performed  and  no  damage  whatever  sustained  bv  Government  per 
diem  forfeiture  not  warranted.  (Op.,  XV,  p.  420.) 

The  head  of  a  Department  may  waive  a  forfeiture  in  a  case  of  good  faith  where 
the  forfeiture  occurred  through  misfortune.  "The  officers  of  the  Government  are 
not  bound,  from  the  nature  of  our  institutions,  to  perpetrate  an  act  of  injustice  in 
the  name  of  the  United  States.  (Op.,  II,  p.  485.)"  (Op.,  XII,  p.  112.) 

See  sec.  3732.          Note  11).  —Contracts  for  clothing,  subsistence,  forage,  fuel,  quarters,  and  trans- 
portation maybe  made,  though  then;  i.s  DO  appropriation  adequate  to  the  fiillillm.-nt 
of  the  contract  or  purchase,  not  to  exceed  the  necessities  of  tlie  current  vcar.     (On 
XV,  124  and  209.    See  also  Op.,  VI,  27.) 


NAVAL    CONTRACTS    AND    SUPPLIES.  37 

inent  to  pay  a  larger  sum  of  money  than  the  amount  in  the  0See  .sec-  5503- 

m  •     j.     j   x-        j.t  -.a  S.-uno  title. 

Treasury  appropriated  for  the  specific  purpose. 

SEC.  3734.  Before  any  new  buildings  for  the  use  of  the    Restrictions  on 

-r-r  i  c**,    i  1,1         i  i  r-  it  commencement 

United  States  are  commenced,  the  plans  and  lull  estimates  of  new  buildings, 
therefor  shall  be  prepared  and  approved  by  the  Secretary  lefSS!1 187°' v' 
of  the  Treasury,  the  Postmaster-General,  and  the  Secretary    see  sec.  aeoaap- 
of  the  Interior;  and  the  cost  of  each  building  shall  notJJJSlL 
exceed  the  amount  of  such  estimate. 

That  hereafter  any  person  or  persons  entering  into  a  ,7|8  Sfcat-  L  •  P 
formal  contract  with  the  United  States  for  the  construction "  contractors  on 
of  any  public  building,  or  the  prosecution  and  completion  pup^ncajv^8d-  (o 
of  any  public  work  or  for  repairs  upon  any  public  building  include  security 
or  public  work,  shall  be  required  before  commencing  such  ' 

work  to  execute  the  usual  penal  bond,  with  good  and  suffi- 
cient sureties,  with  the  additional  obligations  that  such 
contractor  or  contractors  shall  promptly  make  payments 
to  all  persons  supplying  him  or  them  labor  and  materials 
in  the  prosecution  of  the  work  provided  for  in  such  con- 
tract; and  any  person  or  persons  making  application 
therefor,  and  furnishing  affidavit  to  the  Department  under 
the  direction  of  which  said  work  is  being,  or  has  been, 
prosecuted,  that  labor  or  materials  for  the  prosecution  of 
such  work  has  been  supplied  by  him  or  them,  and  payment 
for  which  has  not  been  made  shall  be  furnished  with  a  certi- 
fied copy  of  said  contract  and  bond,  upon  which  said  per- 
son or  persons  supplying  such  labor  and  materials  shall 
have  a  right  of  action,  and  shall  be  authorized  to  bring  suit  trials  furnished. 
in  the  name  of  the  United  States  for  his  or  their  use  and 
benefit  against  said  contractor  and  sureties  and  to  prose- 
cute the  same  to  final  judgment  and  execution:  Provided, 
Tli  at  such  action  and.  its  prosecution  shall  involve  the 
United  States  in  no  expense.  Expense. 

SEC.  2.  Provided  that  in  such  case  the  court  in  which    Co8ts- 
such  action  is  brought  is   authorized  to  require  proper 
security  for  costs  in  case  judgment  is  for  the  defendant. 

SEC.  3735.  It  shall  not  be  lawful  for  any  of  the  Executive 
Departments  to  make  contracts  for  stationery  or  other  sup-    jan.  31, 
plies  for  a  longer  term  than  one  year  from  the  time  the?®8" *•£>?•$£* 

A  i    •  ~t  iVl  fi  r ,    ^4.    1874. 

contract  is  made.  Res.,  v.  is,  P.  235 

[modifying  as  to 
certain     articles 
under  Post-Office 
Department] . 
See  note  20. 

SEC.  3736.  No  land  shall  be  purchased  on  account  of  the  Restriction  on 
United  States,  except  under  a  law  authorizing  such  pur-  E£J 

Chase.  May  l,1820,s.7, 

v.  3,  p.  568. 
See  Public  Prop- 
erty and   Build- 
ings,  Division 

SEC.  3737.  No  contract  or  order,  or  any  interest  therein,  0^t°atcrta8nsfer  of 
shall  be  transferred  by  the  party  to  whom  such  contract  or  C0ju™ci7',  1862,  s. 
order  is  given  to  any  other  party,  and  any  such  transfer  u,v.i2,p.  5%. 
shall  cause  the  annulment  of  the  contract  or  order  trans- 

Note  20.— The  head  of  a  Department  is  the  competent  judge  of  the  matters  of  fact      See  sec.  3735. 
involved  in  the  acceptance  or  rejection  of  any  of  the  proposals  for  stationery.    (Op., 


38          LAWS   RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

see  notes  21,  22,  ferred,  so  far  as  tbe  United  States  are  concerned.  All 
rights  of  action,  however,  for  any  breach  of  such  contract  by 
the  contracting  parties,  are  reserved  to  the  United  States. 

boEaigday^°woSrk0     SEC-  3738-  Eignt  hours  shall  constitute  a  day's  work  for 

june25,  1868,  v!  all   laborers,  workmen,  and  mechanics  who   may  be  em- 

o^tfiM^^QpJ'ptoy^  l)V  or  on  Behalf  °f  the  Government  of  the  United 

gfarifS*.8'"*"-  ' 

45,  128;  XVI,  58. 
1882.  See  sec. 
3089,  under  Ap- 
propriations: io 
A.G.Op.,  p.  685. 
See  note  2-1. 

Aug.  1,1892.        That  the  service  and  employment  of  all  laborers  and 

This  act  was  mechanics  who  are  now  or  may  hereafter  be  employed  by 

Sirt1§6o«nen3*ke  Government  of  the  United  States,  by  the  District  of 

order"  NO.  Iw,  Columbia,  or  by  any  contractor  or  subcontractor  upon  any 

Actfn6secretarvof  tlie  Public  works  of  the  United  States  or  of  the  said  Dis- 

jameaeR.  soiey?  trict  of  Columbia,  is  hereby  limited  and  restricted  to  eight 

hours  in  any  one  calendar  day,  and  it  shall  be  unlawful  for 

any  officer  of  the  United  States  Government  or  of  the  Dis- 

trict of  Columbia  or  any  such  contractor  or  subcontractor 

whose  duty  it  shall  be  to  employ,  direct,  or  control  the 

services  of  such  laborers  or  mechanics  to  require  or  permit 

any  such  laborer  or  mechanic  to  work  more  than  eight 

hours  in  any  calendar  day  except  in  case  of  extraordinary 

emergency. 

SEC.  2.  That  any  officer  or  agent  of  the  Government  of 
the  United  States  or  of  the  District  of  Columbia,  or  any 
contractor  or  subcontractor  whose  duty  it  shall  be  to  em- 
ploy, direct,  or  control  any  laborer  or  mechanic  employed 
upon  any  of  the  public  works  of  the  United  States  or  of  the 
District  of  Columbia  who  shall  intentionally  violate  any 
provision  of  this  act,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  ibr  each  and  every  such  offense  shall,  upon 
conviction,  be  punished  by  a  fine  not  to  exceed  one  thousand 
dollars  or  by  imprisonment  for  not  more  than  six  months, 
or  by  both  such  fine  and  imprisonment,  in  the  discretion  of 
the  court  having  jurisdiction  thereof. 

SEC.  3.  The  provisions  of  this  act  shall  not  be  so  con- 
strued as  to  in  any  manner  apply  to  or  affect  contractors 
or  subcontractors,  or  to  limit  the  hours  of  daily  service  of 
laborers  or  mechanics  engaged  upon  the  public  works  of 
the  United  States  or  of  the  District  of  Columbia  for  which 
contracts  have  been  entered  into  prior  to  the  passage  of 
this  act. 

Tltle  *»•          SEC.  3739.  No  member  of  or  delegate  to  Congress  shall 

Members  ofdirectly  or  indirectly,  himself,  or  by  any  other  person  in 

hTi£to£rtri  i£trust  for  llim>  or  for  1»8  use  or  benefit,  or  on  his  account, 

contracts.          undertake,  execute,  hold,  or  enjoy,  in  whole  or  in  part,  any 


See  sec.  3737. 


Note  SI.—  This  section  (3737)  is  intended  simply  for  the  benefit  of  the  United  States, 
which  is  not  compelled  ton  vail  itself  of  a  transfer  by  the  contractor,  but  may  recog- 
nize the  same  and  accept  ;nid  pay  the  assignee.  (Ops.,  XVI,  p.  278;  XV,  p.  2:ili.) 

Note22.  —  Contracts  of  :i  |  K-rsonal  nature,  importin<;  lii^li  trust  ami  conlidenco  ic 
contractors,  can  not  bo  assigned  or  transferred  without  the  consent  of  the  Depart 
ment.  (Op.,  X,  p.  5.) 

Note  23.—  An  assignment  of  contract,  under  net  of  July  17.  1802,  is  void,  and  passes 
no  title,  legal  or  equitable.  An  assignment  of  ;i  claim  for  money  due  under  a  con- 
tract passes  title  to  the  money  due.  as  1  hough  it  were  the  sale  of  a  chattel.  (C.  C., 
IX.  p.  ir.ii;  --  also  C.C.,V,  5!U.) 

Nvtc24.—  See  later  ad  ol  Aimnsi  I.  1S9'J. 


NAVAL    CONTRACTS   AND    SUPPLIES.  39 


contract  or  agreement  made  or  entered  into  in  behalf  of  the 
United  States,  by  any  officer  or  person  authorized  to  make'  see'  note  25.' 
contracts  on  behalf  of  the  United  States.  Every  person 
who  violates  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  be  fined  three  thousand  dollars.  All 
contracts  or  agreements  made  in  violation  of  this  section 
shall  be  void  ;  and  whenever  any  sum  of  money  is  advanced 
on  the  part  of  the  United  States,  in  consideration  of  any 
such  contract  or  agreement,  it  shall  be  forthwith  repaid; 
and  in  case  of  refusal  or  delay  to  repay  the  same,  when 
demanded,  by  the  proper  officer  of  the  Department  under 
whose  authority  such  contract  or  agreement  shall  have  been 
made  or  entered  into,  every  person  so  refusing  or  delaying 
together  with  his  surety  or  sureties,  shall  be  forthwith 
prosecuted  at  law  for  the  recovery  of  any  such  sum  of 
money  so  advanced. 

SEC.  3740.  Nothing  contained  in  the  preceding  section 
shall  extend,  or  be  construed  to  extend,  to  any  contract  or  gressniay  have. 
agreement,  made  or  entered  into,  or  accepted,  by  any  incor-  2,v.2,rP2484^eb. 
porated  company,  where  such  contract  or  agreement  is  made  ^1877>  v<  *9'  P- 
for  the  general  benefit  of  such  incorporation  or  company; 
nor  to  the  purchase  or  sale  of  bills  of  exchange  or  other 
property  by  any  member  of  or  delegate  to  Congress,  where 
the  same  are  ready  for  delivery,  and  payment  therefor  is 
made,  at  the  time  of  making  or  entering  into  the  contract 
or  agreement. 

SEC.  3741.   In  every  such  contract  or  agreement  to  be.,8*1?11181*1.011 

_  -     .      i  *J-IT  i      -i      -i  r»      /»    1  1       til  eit/  no  niGinhor 

made  or  entered  into,  or  accepted  by  or  on  behalf  ot  the  of  congress  has 
United  States,  there  shall  be  inserted  an  express  condition  ^p^/fisos  s 
that  no  member  of  or  delegate  to  Congress  shall  be  admit-  3,v.2,p.484;Feb! 
ted  to  any  share  or  part  of  such  contract  or  agreement,  or  Ik1877'  v'  19)  p' 
to  any  benefit  to  arise  thereupon. 

That  hereafter  any  person  or  persons  entering  into  a  August  is,  1894. 
formal  contract  with  the  United  States  for  the  construction    24  stat.  L.,  278, 
of  any  public  building,  or  the  prosecution  and  completion  of  23f  upp<  vo1-  2>  P- 
any  public  work  or  for  repairs  upon  any  public  building  or  Public  building 
public  work,  shall  be  required  before  commencing  such  ^contractors  to 
work  to  execute  the  usual  penal  (26)  bond,  with  good  an  dfu™jsh  b°nd  to 
sufficient  sureties,  with  the  additional   obligations  that  Serials.  °r 
such  contractor  or  contractors  shall  promptly  make  pay-    Jnt^'SI  ch 
ments  to  all  persons  supplying  him  or  them  (27)  labor  and352,at^,'p.62.c 
materials  in  the  prosecution  of  the  work  provided  for  in  mitei*aisrfu°rr. 

SUCll  COn  tract  J  niahed    are    not 

and  any  person  or  persons  making  application  therefor,  pa 
and  furnishing  affidavit  to  the  Department  under  the 
direction  of  which  said  work  is  being,  or  has  been,  prose- 
cuted, that  labor  or  materials  for  the  prosecution  of  such 
work  has  been  supplied  by  him  or  them,  and  payment  for 
which  has  not  been  made,  shall  be  furnished  with  a  certi- 
fied copy  of  said  contract  'and  bond, 

Note  K.—  There  is  no  law  preventing  Government  officers,  Executive  branch,  con-     See  sec.  3739. 
tracking  with  the  Government  in  matters  separate  from  their  offices  and  in  no  way 
connected  with  the  performance  of  their  official  duties,  nor  against  their  acquiring 
an  interest  in  contracts  after  they  are  procured.    (Op.,  XIV,  483.) 

Note  26.—  See  act  allowing  corporate  bonds,  1894,  Aug.  13,  ch.  282. 

Note  27.—  For  review  of  "labor  legislation,"  see  note  (1)  to  1888,  June  13,  ch.  389 
(1  Supp.  li.  S.,  590),  aud  1892,  Aug.  1,  ch.  352. 


40          LAWS    RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 

— person   sup      upon  wliicli  said  person  or  persons  supplying  such  labor 

Kndma:     "eand  materials  shall  have  a  right  of  action,  and  shall  be 

authorized  to  bring  suit  in  the  name  of  the  United  States 

for  his  or  their  use  and  benefit  against  said  contractor  and 

sureties  and   to  prosecute  the   same  to   final  judgment 

and  execution : 

NO  expense  to     Provided,  That  such   action  and  its  prosecutions  shall 

involve  the  United  States  in  no  expense. 

Security  for  SEC.  2.  Provided  that  iii  such  case  the  court  in  which 
c°Augu8t  13,  such  action  is  brought  is  authorized  to  require  proper 
1894.  security  for  costs  in  case  judgment  is  for  the  defendant. 

SEO.  3742.  Every  officer  who,  on  behalf  of  the  United 
a  States,  directly  or  indirectly  makes  or  enters  into  any  con- 
member  of  Con-^rac^^  bargain,  or  agreement  in  writing  or  otherwise,  other 
81Apr.  2i,i808,8.  than  such  as  are  hereinbefore  excepted,  with  any  member 
27V'imAv*i9*i>'.  of  or  delegate  to  Congress,  shall  be  deemed  guilty  of  a  mis- 
249.  demeanor,  and  shall  be  fined  three  thousand  dollars. 

Title  43.          SEC.  3743.  All  contracts  to  be  made,  by  virtue  of  any 

Deposit  of  con- law,  and  requiring  the  advance  of  money,  or  in  any  man- 

^ju'f'ie  1798  s  nei  cormected  with  the  settlement  of  public  accounts  shall 

6.v.uifp.6io;Feb.'be  deposited  in  the  office  of  the  First  Comptroller  of  the 

27^1877,  v.  19,  P.  Treasury  of  the  United  States,  the  Second  Comptroller  of 

see  note  28.      the  Treasury  of  the  United  States,  or  the  Commissioner  of 

Customs?  respectively,  according  to  the  nature  thereof, 

within  ninety  days  after  their  respective  dates. 

inCwrit^tstobe     SEC-  3744-  I*  sna11  be  tbe  duty  of  the  Secretary  of  War, 
June  2, 1862,  s.  of  the  Secretary  of  the  Navy,  and  of  the  Secretary  of  the 
*'  sel2'  notea   29  Interior,  to  cause  and  require  every  contract  made  by  them 
and  so.  severally  on  behalf  of  the  Government,  or  by  their  officers 

under  them  appointed  to  make  such  contracts,  to  be  reduced 
to  writing,  and  signed  by  the  contracting  parties  with  their 
names  at  the  end  thereof ;  a  copy  of  which  shall  be  filed  by 
the  officer  making  and  signing  the  contract  in  the  Returns 
Office  of  the  Department  of  the  Interior,  as  soon  after  the 
contract  is  made  as  possible,  and  within  thirty  days,  to 
gether  with  all  bids,  offers,  and  proposals  to  him  made  by 
persons  to  obtain  the  same,  and  with  a  copy  of  any  adver- 
tisement he  may  have  published  inviting  bids,  offers,  or 
proposals  for  the  same.  All  the  copies  and  papers  iu  rela- 
tion to  each  contract  shall  be  attached  together  by  a  ribbon 
and  seal,  and  marked  by  numbers  in  regular  order,  accord- 
ing to  the  number  of  papers  composing  the  whole  return, 
oati.  to  con-  SEC.  3745.  It  shall  be  the  further  duty  of  the  officer, 
ribid.,  8.2.  before  making  his  return,  according  to  the  preceding  sec- 
tion, to  affix  to  the  same  his  affidavit  in  the  following  form, 
sworn  to  before  some  magistrate  having  authority  to  ad- 
minister oaths:  "  I  do  solemnly  swear  (or  affirm)  that  the 
copy  of  contract  hereto  annexed  is  an  exact  copy  of  a  con- 

No1e28. — Naval  contracts  are  now  deposited  with  tho  Auditor  for  the  Navy  De- 
partment under  act  of  1894,  which  act  abolished  the  office  of  Second  Comptroller. 
See  eec.  3744.         Note%9. — The  requirement  in  section  11744,  "  to  bo  reduced  to  writing  and  signed 
by  the  contracting  parties,"  ia  mandatory  and  obligatory  on  contractors  and  officers. 
Oral  agreement  void  as  an  executory  contract.    (C.  (J.,  INr,  p.  7.">,  and  V.  pp.  Gf>,  :i38.) 

Note  SO.— This  section  is  not  infrii 
matter  accepting  delivery 
mi -ii t  to  extend  the  time 
54.)    When  an  "  emergency 
291.) 


NAVAL    CONTRACTS    AND    SUPPLIES.  41 

tract  made  by  me  personally  with  -  — ;  that  I  made  the 
same  fairly  without  any  benefit  or  advantage  to  myself,  or 
allowing  any  such  benefit  or  advantage  corruptly  to  the 
said  -  — ,  or  any  other  person;  and  that  the  papers 
accompanying  include  all  those  relating  to  the  said  con- 
tract, as  required  by  the  statute  in  such  case  made  and 
provided." 

SEC. '3746.  Every  officer  who  makes  any  contract,  and  ^^^J^1' 
fails  or  neglects  to  make  return  of  the  same,  according  to    im,  ».3. 
the  provisions  of  the  two  preceding  sections,  unless  from 
unavoidable  accident  or  causes  not  within  his  control,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall  be  fined  not 
less  than  one  hundred  dollars  nor  more  than  five  hundred, 
and  imprisoned  not  more  than  six  months. 

SEC.  3747.  It  shall  be  the  duty  of  the  Secretary  of  War,  instructions. 
of  the  Secretary  of  the  Navy,  and  of  the  Secretary  of  the 
Interior  to  furnish  every  officer  appointed  by  them  with 
authority  to  make  contracts  on  behalf  of  the  Government 
witli  a  printed  letter  of  instructions,  setting  forth  the  duties 
of  such  officer,  under  the  two  preceding  sections,  and  also 
to  furnish  therewith  forms,  printed  in  blank,  of  contracts 
to  be  made,  and  the  affidavit  of  returns  required  to  be 
affixed  thereto,  so  that  all  the  instruments  may  be  as  nearly 
uniform  as  possible. 

SEC.  512.  The  Secretary  of  the  Interior  shall  from  time  to  Title  11, chap.  8. 
time  provide  a  proper  apartment,  to  be  called  the  Returns    Returns  office. 
Office,  in  which  he  shall  caused  to  be  filed  the  returns  of 
contracts  made  by  the  Secretary  of  War,  the  Secretary  of 
the  Navy,  and  the  Secretary  of  the  Interior,  and  shall 
appoint  a  clerk  of  the  first  class  to  attend  to  the  same. 

SEC.  513.  The  clerk  of  the  Returns  Office  shall  file  allta^68rktofilere- 
returns  made  to  the  Office,  so  that  the  same  may  be  of  " 
easy  access,  keeping  all  returns  made  by  the  same  officer 
in  the  same  place,  and  numbering  them  in  the  order  in 
which  they  are  made. 

SEC.  514.  The  clerk  of  the  Eeturns  Office  shall  provide    Index  book- 
and  keep  an  index-book,  with  the  names  of  the  contracting 
parties,  and  the  number  of  each  contract  opposite  to  the 
names;   and  shall  submit  the  index- book  and  returns  to 
any  person  desiring  to  inspect  it. 

SEC.  515.  The  clerk  of  the  Keturns  Office  shall  furnish  tu^ie8  of  re' 
copies  of  such  returns  to  any  person  paying  therefor  at    June 2,1862,33. 
the  rate  of  five  cents  for  every  one  hundred  words,  to 2>  4)  v>  12>  p>  41: 
which  copies  certificates  shall  be  appended  in  every  case 
by  the  clerk  making  the  same,  attesting  their  correctness, 
and  that  each  copy  so  certified  is  a  full  and  complete  copy 
of  the  return. 

SEC.  5503.  Every  officer  of  the  Government  who  know-  Title  ?o,  chap.  6. 
ingly  contracts  for  the  erection,  repair,  or  furnishing  of  any  contracting 
public  building,  or  for  any  public  improvement,  to  pay  a  appropria8tSon!fi° 
larger  amount  than  the  specific  sum  appropriated  for  such  July  25.  ises,  s. 
purpose,  shall  be  punished  by  imprisonment  not  less  than  'see  sees.  3733, 
six  months  nor  more  than  two  years,  and  shall  pay  a  fine  3734>  sametitie. 
of  two  thousand  dollars. 


42    LAWS  DELATING  TO  THE  NAVY,  MARINE  CORPS,  FTC. 

Mar.  3, 1877.  Hereafter  no  contract  shall  be  made  for  the  rent  of  any 
Contract  for  building,  or  part  of  any  building,  to  be  used  for  the  purposes 
tott^wStetS6*  tlie  Government  in  the  District  of  Columbia,  until  an 
Columbia.  _  appropriation  therefor  shall  have  been  made  in  terms  by 
]8Jpni33?'Mar: 3,' Congress,  and  that  this  clause  be  regarded  as  notice  to  ail 
1877,  v.i 9, p. 370.'  contractors  or  lessors  of  any  such  building  or  any  part  of 

building. 

June  15, 1880.     And  where  buildings  are  rented  for  public  use  in  the  Dis 

Rent  of  bTiii<^  trict  of  Columbia,  the  Executive  Departments  are  author- 

injune  is  1880  Jze(l?  whenever  it  shall  be  advantageous  to  the  public 

21  stat.  L., 'p.  228- interests,  to  rent  others  in  their  stead :  Provided,  That  no 

staf.'L5',  2\?2'  2"  increase  in  the  number  of  buildings  now  in  use,  nor  in  the 

amounts  paid  for  rents,  shall  result  therefrom. 

August  5, 1882.      «*     *     *;  and  it  shall  be  the  duty  of  the  heads  ot  the 

22  stat.  at  L.,  several  executive  departments  to  submit  to  Congress  each 

P.  522.  year,  in  the  annual  estimates  of  appropriations,  a  statement 

of  the  number  of  buildings  rented  by  their  respective 

departments,  the  purposes  for  which  rented,  and  the  annual 

rental  of  each." 

June  14, 1878.     That  the  Secretary  of  the  Navy  be,  and  he  is  hereby. 
Materials  for  authorized  to  purchase,  at  the  lowest  market  price,  such 
steam  boaers.     plate  iron  and  other  material  as  may  enter  into  the  con 
.structiou  of  steam  boilers  for  the  Navy  without  advertising 
Notice  to  (leal-  for  bids  to  furnish  the  same :  Provided,  That  he  shall  cause 
to  be  sent  to  the  principal  dealers  and  manufacturers  of 
iron  and  such  other  materials  as  may  be  required,  specifi- 
cations of  the  quality,  description,  and  character  of  such 
Tests.      ^      iron  and  materials  so  required :  And  provided  further,  That 
2oJp.12534'18'8'v'  such  plate  iron  and  materials  shall  be  subjected  to  the  same 
tests  and  inspection  as  now  provided  for,  and  which  inspec- 
tion and  tests  shall  be  made  publicly  and  in  presence  of 
such  bidders  or  their  authorized  agents  as  may  choose  to 
attend  at  the  making  thereof. 

Mar. s,  1881.       That  the  Secretary  of  the  Navy  be,  and  he  is  hereby, 

21  stat,  L., 509.  directed  to  cause  all  purchases  of  tobacco  for  the  use  of 

22Q?fp'  R' s>1  p'  the  Navy  to  be  made  in  the  city  of  Washington,  and  as 

Tobacco,    how  follOWS: 

pl!5arf?  wsi,  v.     In  the  month  of  February  or  March  of  each  year  the 
21, p. 509'.  Secretary  of  the  Navy  shall  cause  proposals  for  bids  for 

supplying  the  Navy  with  tobacco  during  the  next  year  to 
be  advertised  thirty  days  in  one  daily  newspaper  in  each 
of  the  cities  of  New  York,  JIarrisburg,  Pennsylvania,  Bal- 
timore, Richmond,  Raleigh,  North  Carolina,  Saint  Louis, 
Louisville,  Nashville,  Hartford,  Connecticut,  Detroit,  Cairo, 
Illinois,  and  Chicago;  said  tobacco  to  be  manufactured 
during  the  months  of  June,  July,  August,  and  September; 
the  bids  to  be  accompanied  by  samples  of  the  tobacco  which 
each  bidder  may  propose  to  furnish.  The  lowest  bid  for 
furnishing  tobacco  equal  to  the  United  States  Navy  stand- 
ard now  in  use  shall  be  accepted. 

2  Sn£?'  R  SM  v'  ^n(*  ^ne  Secretary  of  the  Navy  is  hereby  authorized  and 
'Tolmcco;  ad-  directed  to  cause  advertisement  to  be  made  for  tobacco  for 
vOTtiaement^  the  use  of  the  Navy ,  as  the  n eed  s  of  the  service  may  requ ire, 

in  the  manner  prescribed  by  law  for  other  supplies, 
-samples.          Bidders  shall  submit  with  their  proposals  a  sample  of  the 
tobacco  which  they  propose  to  furnish, 


NAVAL    CONTRACTS    AND    SUPPLIES.  43 

and  the  contract  shall,  in  the  discretion  of  the  Depart-    -contract. 
ment,  be  awarded  to  the  bidder  whose  sample  is  found 
by  a  board  of  officers  to  be  best  adapted  for  use  in  the 
Navy.    *     * 

That  the  Secretary  of  the  Navy  be  authorized  and  directed    June  10,  issol 
to  introduce  into  the  naval  service  rope  and  cordage  man-    cotton  cordage 
ufactured  of  cotton  according  to  the  recent  methods  to  such  fojjjle  Nayy. 
an  extent  as  will  furnish  a  fair  test  of  the  value  and  effi-  v.  2i"p°  172.  1  °' 
ciency  thereof  as  compared  with  the  kinds  now  in  use  :  Pro 
vided,  lioicever,  That  no  person  shall  have  any  claim  what- 
ever against  the  United  States  or  any  department  thereof 
or  receive  any  compensation  therefor. 

The  Secretary  of  the  Navy  is  authorized  and  empowered,  _M»r._8,  isss. 
within  his  discretion,  to  constitute  and  introduce,  as  a  por-  ^Tife^Taving 
tion  of  the  equipment  of  the  Navy,  the  life-saving  dress  tlrg^.  3  1883  c* 
adopted  and  approved  by  the  Life  Saving  Service  of  the  97,  22Stat.  L.',CP!' 


propriatiou  act.] 

I<  or  the  purchase  and  manufacture,  alter  full  mvestiga-  Torpedoes. 
tion  and  test  in  the  United  States  under  the  direction  of  Itleiu> 
the  Secretary  of  the  Navy,  of  torpedoes  adapted  to  naval 
warfare,  or  of  the  right  to  manufacture  the  same  and  for 
the  fixtures  and  machinery  necessary  for  operating  the 
same,  one  hundred  thousand  dollars:  Provided,  That  no 
part  of  said  money  shall  be  expended  for  the  purchase  or 
manufacture  of  any  torpedo  or  of  the  right  to  manufacture 
the  same  until  the  same  shall  have  been  approved  by  the 
Secretary  of  the  Navy,  after  a  favorable  report  to  be  made 
to  him  by  a  board  of  naval  officers  to  be  created  by  him  to 
examine  and  test  said  torpedoes  and  inventions. 

From  and  after  the  first  day  of  April,  eighteen  hundred  Feb.  14,  1879. 
and  seventy-nine,  the  value  of  issues  of  small  stores  shall  ~smaii  stores 
be  credited  to  a  fund  to  be  designated  as  the  "  small  stores  fu»d:  , 

/,        T  „     .        ,-,  e   ,,  /,     Feb.  14.  1879,  v. 

fund",  in  the  same  manner  as  the  value  of  the  issues  of  20,  p.  288 
clothing  is  now  credited  to  the  "clothing  fund";  the  re- 
sources of  the  fund  to  be  used  hereafter  in  the  purchase 
of  supplies  of  small  stores  for  issue.    *     *     * 

Bureau  of  provisions  and  clothing.  *  *  *  And  the  Act  of  June  so, 
clothing  fund  and  small  stores  fund  shall  be  hereafter  con-  18SotWn«  and 
solidated  and  administered  as  a  fund  to  be  known  as  Hie*™*1!  *5°re8 
clothing  and  small  stores  fund.  *  *  *  SSdltSi. 

Feb.    14,    1879, 
ch.  68. 

SEC.  3711.  It  shall  not  be  lawful  for  any  officer  or  person       Title  *3- 
in  the  civil,  military,,  or  naval  service  of  the  United  States 
in  the  District  of  Columbia  to  purchase  anthracite  or  bitu- 
minous coal  or  wood  for  the  public  service  except  on  con- 
dition that  the  same  shall,  before  delivery,  be  inspected  .  ^p^*10?  °J 

,.,,  IT  j_      \.  i      fnelm  District  of 

and  weighed  or  measured  by  some  competent  person  to  be  Columbia. 
appointed  by  the  head  of  the  Department  or  chief  of  the 
branch  of  the  service  for  which  the  purchase  is  made.    The 
person  so  appointed  shall,  before  entering  upon  the  duty  of  in 
inspector,  weigher,  and  measurer,  and  to  the  satisfaction 
of  the  appointing  officer,  give  bond,  with  not  less  than  two  1 
sureties,  in  the  penal  sum  of  five  thousand  dollars,  and 
with  condition  that  each  ton  of  coal  weighed  by  him  shall 
consist  of  two  thousand  two  hundred  and  forty  pounds, 
and  that  each  cord  of  wood  to  be  so  measured  shall  be  of 


44    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

the  standard  measure  of  one  hundred  and  twenty-eight 
cubio  feet.  The  inspector,  weigher,  and  measurer  so  ap- 
pointed shall  be  entitled  to  receive  from  the  venders  of 
fuel  weighed  and  measured  by  him  twenty  cents  for  each 
ton  of  coal  weighed,  and  nine  cents  for  each  cord  of  wood 
measured  by  him.  Each  load  or  parcel  of  wood  or  coal 
weighed  and  measured  by  him  shall  be  accompanied  by  his 
certificate  of  the  number  of  tons  or  pounds  of  coal  and  the 
number  of  cords  or  parts  of  cords  of  wood  in  each  load  or 
parcel. 

eeriobei^kSi     SEC<  3712<  Tne  Pr°Per  accounting  officer  of  the  Treasury 
ibid.,  s. 2.         shall  be  furnished  with  a  copy  of  the  appointment  of  each 
inspector,  weigher,  and  measurer  appointed  under  the  pre- 
ceding section. 
NO  payment     gEc.  3713.  It  shall  not  be  lawful  for  any  accounting  offi- 

\\ithout    eertin-  ,-  .,  •>•,        n  T    i  •  nn 

cate.  cer  to  pass  or  allow  to  the  credit  of  any  disbursing  officer 

11>i<l  in  the  District  of  Columbia  any  money  paid  by  him  for  pur- 

chase of  anthracite  or  bituminous  coal  or  for  wood,  unless 
the  voucher  therefor  is  accompanied  by  a  certificate  of  the 
proper  inspector,  weigher,  and  measurer  that  the  quantity 
paid  for  has  been  determined  by  such  officer. 

Mar.  2,1895.        gEC>  3711    jt  sua]j  not  be  iawfui  for  any  officer  or  person 
chapter  179,  as.  in  the  civil,  military,  or  naval  service  of  the  United  States 
12co4ai  and  wood  i11  the  District  of  Columbia  to  purchase  anthracite  or  bitu- 
to  bo  weighed,  minous  coal  or  wood  for  the  public  service  except  on  con- 
dition that  the  same  shall,  before  delivery,  be  inspected 
and  weighed  or  measured  by  some  competent  person,  to  be 
appointed  by  the  head  of  the  Department  or  chief  of  the 
branch  of  the  service  for  which  the  purchase  is  made  from 
among  the  persons  authorized  to  be  employed  in  such  De- 
partment or  branch  of  the  service: 

P^ovided9  That  the  weigher  and  measurer  of  the  Navy 
Department  may  be  appointed  outside  of  said  Department, 
and  that  such  weigher  and  measurer  shall  give  bond  and 
be  paid  as  heretofore  provided  by  law. 

The  person  appointed  under  this  section  shall  ascertain 
that  each  ton  of  coal  weighed  by  him  shall  consist  of  two 
thousand  two  hundred  and  forty  pounds,  and  that  each 
cord  of  wood  to  be  so  measured  shall  be  of  the  standard 
measure  of  one  hundred  and  twenty-eight  cubic  feet. 
certificate.  Each  load  or  parcel  of  wood  or  coal  weighed  and  meas- 
ured by  him  shall  be  accompanied  by  his  certificate  of  the 
number  of  tons  or  pounds  of  coal  and  the  number  of  cords 
or  parts  of  cords  of  wood  in  each  load  or  parcel. 

DESERTERS  AND  DESERTION. 

Sec.  |  Sec. 

1420.  Deserters  not  to  be  enlisted.  i  1998.  Avoiding  draft. 

155:J.   Untieing  persons  to  desert.  j  4749.  Certain  soldiers  and  sailors  not  to  be 

1624.  Punishment  for  desertion,  enlisting  deemed  deserters. 

deserters,  etc.  5455.  Enticing  desertion,    harboring    de 

1996.  Citizenship  forfeited.  sen. 

1997.  When  not  to  be  held  as  a  deserter.  ' 

Title  is,  chap,  i.     SEC.  1420.  No     *     *     *     deserter  from  the  naval  or  mil- 
Deserters  not itary  service  of  the  Uni ted  States  shall  be  enlisted  in  the 

to  bo  enlisted. 

Mar.  3,  1865,  s. 
18,  v.  13,  p.  490. 


DESERTERS    AND    DESERTION.  45 

SEC.  155,').  Any  person  who  shall  entice  or  procure,  or  Title  is,  chap.  7. 
attempt  to  entice  or  procure,  any  seaman  or  other  person    Enticing   per- 
in  the  naval  service  of  the  United  States,  or  who  has  been80}1^"!16^^ 
recruited  for  snch  service,  to  desert  therefrom,  or  who  shall  is,  p.  343! 
in  anywise  aid  or  assist  any  such  seaman  or  other  person 
in  deserting,  or  in  attempting  to  desert  from  such  service, 
or  who  shall  harbor,  conceal,  protect,  or  in  anywise  assist 
any  such  seaman  or  other  person  who  may  have  deserted 
from  said  service,  knowing  him  to  have  deserted  therefrom, 
or  who  shall  refuse  to  give  up  and  deliver  such  person  on 
the  demand  of  an  officer  authorized  to  receive  him,  shall  be 
punished  by  imprisonment  for  not  less  than  six  months  nor 
more  than  three  years,  and  by  fine  of  not  more  than  two 
thousand  dollars,  to  be  enforced  in  any  court  of  the  United 
States  having  jurisdiction. 

SEC.  1024.   *      *      *  Title  15,chap.  10. 

ART.  4.  The  punishment  of  death,  or  such  other  punish- 
ment  as  a  court  martial  may  adjudge,  may  be  inflicted  on 
any  person  in  the  naval  service — 
who    *     *     * 

Sixth.     *     *     *     ,   in  time  of  war,  deserts  or  entices    Desertion    in 

time  of  war. 

others  to  desert;  see  two  provi- 

sions underact  of 
Aug.  14, 1888. 

Seventh.  *.*;'*,  in  time  of  war,  deserts  or  betrays  ^f^igg^' 
his  trust,  or  entices  or  aids  others  to  desert  or  betray  their  i,  v.  12,  p.  6ooj 

f         f.  Apr.  23, 1800,  art. 

t™St  >         .  17,  v.  2,  p.  47. 

ART.  8.  Such  punishment  as  a  court-martial  may  adjudge 
may  be  inflicted  on  any  person  in  the  Navy — 
who    *     *     * 

Twenty-first.  *  *  in  time  of  peace,  deserts  or  at-  ^^Jf1™!^  in 
tempts  to  desert,  or  aids  and  entices  others  to  desert ; 

Twenty-second.  Or  receives  or  entertains  any  deserter  sej^joring  (le 
from  any  other  vessel  of  the  Navy,  knowing  him  to  be  such,  8ejuTySi7, mz, «. 
and  does  not,  with  all  convenient  speed,  give  notice  of  such  ^. 
deserter  to  the  commander  of  the  vessel  to  which  he  be- p. 47'. 
longs,  or  to  the  comniander-in- chief,  or  to  the  commander 
of  the  squadron. 

ART.  0.  Any  officer  who  absents  himself  from  his  com- 
mand  without  leave,  may,  by  the  sentence  of  a  conrt-martial,    May  IG,  1864, 8. 
be  reduced  to  the  rating  of  an  ordinary  seaman.  2,  v.  is,  p.  75. 

ART.  10.  Any  commissioned  officer  of  the  Navy  or  Marine  ^^^^  by 
Corps  who,  having  tendered  his  resignation,  quits  his  post  Aug.  5,  imi,s. 
or  proper  duties  without  leave,  and  with  intent  to  reinam2'^^-^^^. 
permanently  absent  therefrom,  prior  to  due  notice  of  the  mi&sai  and  resi^- 
acceptance  of  such  resignation,  shall  be  deemed  and  pun-  S^»°iJ  i«4i 
ished  as  a  deserter.  art- 10- 

ART.  19.  Any  officer  who  knowingly  enlists  into  the  ^  Enlisting  de 
naval  service  any  deserter  from  the  naval  6r  military  serv-  stMar8"3,  i865, 8. 
ice  of  the  United  States  *  *  *  shall  be  punished  as  a  |fJJ'Jf'Jftg[iJ] 
court-martial  may  direct.  21,  P.  3.' 

SEC.  1996.  All  persons  who  deserted  the  military  or  naval      Tltle  25- 
service  of  the  United  States  and  did  not  return  thereto  or    Rights  as  citi- 
report  themselves  to  a  provost-marshal  within  sixty  days 
after  the  issuance  of  the  proclamation  by  the  President, 


46    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


the  11  th  day  of  March,  1805,  are  deemed  to  have 
voluntarily  relinquished  and  forfeited  their  rights  of  citi- 
zenship, as  well  as  their  right  to  become  citizens;  and  such 
deserters  shall  be  forever  incapable  of  holding  any  office  of 
trust  or  profit  under  the  United  States,  or  of  exercising 
any  rights  of  citizens  thereof. 
certain  sol-  SEC.  1997.  Xo  soldier  or  sailor,  however,  Avho  faithfully 

diers  and  sailors  ,.  ,.     ,  ,  .,     '.  %, 

not  to  incur  the  served  according  to  his  enlistment  until  the  19th  day  of 

£Ste8ectton°f  tbe  April,  1865>  ancl  wll°»  without  proper  authority  or  leave  iirst 

July  19,  1867,  v.  obtained,  quit  his  command  or  refused  to  serve  after  that 

^see^ec.  4749.    date,  shall  be  held  to  be  a  deserter  from  the  Army  or  Navy  ; 

but  this  section  shall  be  construed  solely  as  a  removal  of 

any  disability  such  soldier  or  sailor  may  have  incurred, 

under  the  preceding  section,  by  the  loss  of  citizenship  and 

of  the  right  to  hold  office,  in  consequence  of  his  desertion. 

draf?oiding   the     SEC.  1998.  Every  person  who  hereafter  deserts  the  mili- 

'  Mar.  3,  1865,  s.  tary  or  naval  service  of  the  United  States,  or  who,  being 

21,  v.  13,  p.  490.     ju]v  enrolled,  departs  the  jurisdiction  of  the  district  in 

which  he  is  enrolled,  or  goes  beyond  the  limits  of  the 

United  States,  with  intent  to  avoid  any  draft  into  the  mili- 

tary or  naval  service,  lawfully  ordered,  shall  be  liable  to 

all  the  penalties  and  forfeitures  of  section  nineteen  hundred 

and  ninety-six. 

SEC.  4749.  No  soldier  or  sailor  shall  be  taken  or  held  to 
certain  soldiers  be  a  deserter  from  the  Army  or  Navy  who  faithfully  served 
be  daeemredn0d^  according  to  his  enlistment  until  the  nineteenth  day  of 
8ejueiv8i9e^867  v  April?  eighteen  hundred  and  sixty-five,  and  who,  without 
is,  p.  k.  '       v  proper  authority  or  leave  first  obtained,  quit  his  command 
Bou6ntyC'iliid;or  refused  to  serve  after  that  date;  but  nothing  herein 
Division,  iv.    '  contained  shall  operate  as  a  remission  of  any  forfeiture 
incurred  by  any  such  soldier  or  sailor  of  his  pension  ;  but 
this  section  shall  be  construed  solely  as  a  removal  of  any 
disability  such  soldier  or  sailor  may  have  incurred  by  the 
loss  of  his  citizenship  in  consequence  of  his  desertion. 
Title  70,  chap,  s.     gEC>  5455.  Every  person  who  entices  or  procures,  or 
Enticing  deser-  attempts  or  endeavors  to  entice  or  procure,  any  soldier  in 
the  military  service  of  the  United  States,  or  who  has  been 
recruited  for  such  service,  to  desert  therefrom,  or  who  aids 
any  such,  soldier  in  deserting  or  attempting  to  desert  from 
-  suc^  seryice?  or  wno  harbors,  conceals,  protects,  or  assists 

is??,  v.  19,  P.  253.  '  any  such  soldier  who  may  have  deserted  from  such  service, 
See  note  i.       knowing  him  to  have  deserted  therefrom,  or  who  refuses 

Note  1.  —  The  President  ipay  grant  conditional  pardon  for  desertion  :  may  remit  a 
part  of  the  penalty  or  punishment  without  remitting  the  Avhole  ;  may  reenfinmcbise 
without  giving  right  to  forfeited  pay.  (Op.,  XIV,  124.) 

See  sec.  5455.  if  pay  forfeited  or  a  fine  has  passed  into  the  Treasury,  by  a  covering  warrant  or 
otherwise,  neither  can  bo  released  without  authority  of  Congress.  (Op.,  VIII,  281  ; 
XIV,  599;  and  XVI,  1.) 

Desertion  is  a  continuing  offense.  Limitation  to  trial  begins  to  run  from  com- 
mencement of  the  offense,  except  where,  by  reason  of  "manifest  impediment,"  tho 
accused  ia  not  amenable  to  justice  within  two  years  from  that  time.  In  such  a 
case  it  runs  from  the  removal  of  the  impediment.  Continuing  commission  limited 
by  the  obligation  to  serve  under  engagement.  When  that  ceases  the  commission 
terminates  in  cases  notexcepted.  "Amenable  "  signifies  within  the,  reach  and  power 
of  the  military  authorities  to  bring  to  trial.  (Op.,  XV,  p.  152,  Tuft,  Sept.  1,  1876.) 

Where  forfeiture  or  loss  of  pay  is  made  part  <>t  a.  sentence-,  in  addition  to  confine- 
ment or  suspension  from  duty,  the  former  may  be  remitted  by  tlie  proper  authority, 
in  whole  or  in  part,  without  'also  remitting  the  latter.  (Op.,  XV,  p.  175,  Taft,  Nov. 
9,  1876.) 

Forfeiture  by  desertion  does  not  include  money  of  the  deserter  found  in  possession 
of  or  dcposif.1  with  paymaster.  (Op.,  XIII,  p.  210,  Hoar,  Feb.  8,  1870.) 

The  honorable  discharge  of  a  soldier  is  a  formal,  liual  judgment  passed  by  the 


DISMISSAL    AND    RESIGNATION    OF    OFFICERS.  47 

to  give  up  mid  deliver  sucli  soldier  on  the  demand  of  any 
officer  authorized  to  receive  him,  shall  be  punished  by 
imprisonment  not  less  than  six  months  nor  more  than  two 
years,  and  by  a  line  not  exceeding  five  hundred  dollars; 
and  every  person  who  entices  or  procures,  or  attempts  or 
endeavors  to  entice  or  procure,  any  seaman  or  other  person 
in  the  naval  service  of  the  United  States,  or  who  has  been 
recruited  for  such  service,  to  desert  therefrom,  or  who  aids 
any  such  seaman  or  other  person  in  deserting  or  in  attempt- 
ing to  desert  from  such  service,  or  who  harbors,  conceals, 
protects,  or  assists  any  such  seaman  or  other  person  who 
may  have  deserted  from  such  service,  knowing  him  to  have 
deserted  therefrom,  or  who  refuses  to  give  up  and  deliver 
such  sailor  or  other  person  on  the  demand  of  any  officer 
authorized  to  receive  him,  shall  be  punished  by  imprison- 
ment not  less  than  six  mouths  nor  more  than  three  years, 
and  by  a  fine  of  not  more  than  two  thousand  dollars, 
to  be  enforced  in  any  court  of  the  United  States  having 
jurisdiction. 

DISMISSAL   AND   RESIGNATION   OF   OFFICERS. 


Sec. 

1229.  Dismissal  in  time  of  peace. 

1441.  Officers  dismissed  or  resigning  to 

escape  dismissal. 
1624.  Dismissal  of  officers.     (Art.  36.) 


Sec. 

1624.  Officers    dismissed    by    President 
may  demand  trial.     (Art.  37.) 

Act  amending  article  37. 

Failing  in  examination. 


SEC.  1229.  *  *  *  No  *  *  officer  in  the  mili-  Title  14, chap,  i. 
tary,  or  naval  service  shall  in  time  of  peace  be  dismissed  juiy  is,  mo,  s. 
from  service  except  upon  and  in  pursuance  of  the  sentence  j^'^6'  i8663is: 
of  a  court-martial  to  that  effect,  or  in  commutation  thereof,  s,  v.i4,p.92.  ' 

[Section  1230  of  the  Revised  Statutes  is  almost  the  same 
as  art.  37,  sec.  1624,  except  the  words  "  since  3d  March, 
1865,"  are  omitted.] 

SEC.  1441.     No  officer  of  the  Navy  who  has  been  dis-  Title  is,  chap.  2. 
missed  by  the  sentence  of  a  court-martial,  or  suffered  to    officers 
resign  in  order  to  escape  such  dismissal,  shall  ever  again  SSg8eto0 
become  an  officer  of  the  Navy.  dismissal. 

July  16, 1862,  s. 
11,  v.  12,  p.  585. 
See  notes  1,2,  3. 

Government  on  his  entire  military  record,  and  an  authoritative  declaration  that  he     See  articles  61 
left  the  service  in  a  status  of  honor.    As  such  it  relieves  him  from  a  charge  of  deser-  and   62    for   the 
tion  appearing  on  the  rolls.    Does  not  restore  pay  and  allowances  forfeited  by  sen-  government     of 
tence  of  a  military  court-martial  for  desertion.   (Court  of  Claims,  VIII,  110 ;  IX,  190,  the  Navy,  p.  21. 
Wallace,  XV,  34. 

A  seaman  charged  before  a  court-martial  with  desertion  may  be  found  guilty  of 
attempting  to  desert.  (Howard,  20,  p.  65.) 

In  a  trial  for  theft  and  desertion,  sentence  and  conviction  disapproved  and  prisoner 
restored  to  duty.  Action  ot  reviewing  officer  in  effect  an  acquittal  by  the  court. 
Xo  authority  to  withhold  pay  on  account  of  alleged  desertion.  (Op.,  XIII,  p.  459, 
Bristow,  Juiie  21,  1871.) 

Note  1.— Congress  did  not  intend  by  this  clause  to  preclude  the  President  from 
reappointing  officers  dismissed  by  sentence  of  court-martial  to  whom  he  has  ex- 
tended a  pardon.  Pardon  purges  the  offense,  but  does  not  of  itself  restore  lost 
position.  (Op.  XI,  p.  19,  Mar.  12, 1864.) 

Note%. — Where  an  act  directed  the  Secretary  of  War  to  amend  the  record  of  an  See  sec.  1441, 
officer  dismissed  by  court-martial,  so  that  he  should  appear  on  the  rolls  and  records 
as  if  he  had  been  continuously  in  the  service :  Held,  that  it  conferred  on  the  Presi- 
dent the  power  to  appoint  in  the  usual  way.  If  so  appointed,  the  commission  should 
refer  to  the  act,  in  a  proper  manner,  under  which  the  appointment  was  made,  by 
nomination  and  confirmation  of  the  Senate.— Op.  XIV,  448,  Williams,  Aug.  13,  1874; 
but  see  Court  of  Claims,  XIV,  573 ;  XV,  22. 

Note  3. — Congress,  as  a  general  rule,  has  authorized  the  President  to  restore  offi-      See  sec.  1441. 
cers  to  the  retired  list  without  requiring  the  advice  and  consent  of  the  Senate. 
Where  they  have  been  reinstated  to  form  a  part  of  the  active  force  of  the  Army,  a 
different  phraseology  has  been  employed — requiring  the  advice  and  consent  of  the 
Senate.    An  officer  dismissed  by  sentence  of  a  court-martial  cannot,  under  section 


48    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Title i5,chap.  10.  gEC.  1624,  ART.  36.  No  officer  shall  be  dismissed  from 
Dismissal  of  tlie  naval  service  except  by  the  order  of  the  President  or 
ofljSy8i3, 1866,  s.  by  sentence  of  a  general  court-martial ;  and  in  time  of  peace 
5,  v.  i4,p.92.  no  officer  shall  be  dismissed  except  in  pursuance  of  the  sen- 
sertersamideFer-tence  of  a  general  court-martial  or  in  mitigation  thereof. 

tion''  for  amend- 
ments to  this  sec- 
tion. 

iiiSaed5"'  dthse  SEC<  16L>^'  ART'  37-  Wn('n  Il]jy  officer,  dismissed  by 
President7 m»y order  of  the  President  since  3d  March,  1865,  makes,  in 
demand  trial.  writing,  an  application  for  trial,  setting  forth,  under  oath 

Mar.  3,  1865,  8.     ,          ,  e'  ,  L  »•••••»•'•  i    T\        i^         •  i        •     »  .  11 

12.  v.  13, p. 489.  that  he  has  been  wrongfully  dismissed,  the  President  shall, 
22j87fcaudnot°8 as  soon  as  tne  necessities  of  the  service  may  permit,  con- 
infra. '  vcne  a  court-martial  to  try  such  officer  on  the  charges  on 

which  he  shall  have  been  dismissed.  And  if  such  court- 
martial  shall  not  be  convened  within  six  months  from  the 
presentation  of  such  application  for  trial,  or  if  such  court, 
being  convened,  shall  not  award  dismissal  or  death  as  the 
punishment  of  such  officer,  the  order  of  dismissal  by  the 
President  shall  be  void. 

June  22, 1874.     That  the  accounting  officers  of  the  Treasury  be,  and  are 
Pay  on  restora- hereby,  prohibited  from  making  any  allowance   to   any 
U  June  22, 1874,8.  officer  of  the  Navy  who  has  been,  or  may  hereafter  be,  dis- 
2,  v.  is,  p.  191.  '  '  missed  from  the  service  and  restored  to  the  same  under  the 
64>       provisions  of  the  twelfth  section  of  the  act  of  March  third, 
eighteen  hundred  and  sixty-five,  entitled,  "  An  act  to  amend 
the  several  acts  heretofore  passed  to  provide  for  the  en- 
rolling and  calling  out  the  national  forces,  and  for  other 
purposes,"  [sec.  1624,  E.  S.]  to  exceed  more  than  pay  as  on 
leave  for  six  mouths  from  the  date  of  dismissal,  unless  it 
shall  appear  that  the  officer  demanded  in  writing,  addressed 
to  the  Secretary  of  the  Navy,  and  continued  to  demand 
as  often  as  once  in  six  months,  a  trial  as  provided  for  in 
said  act. 

Ang.  5, 1882.       Whenever  on  an  inquiry  had  pursuant  to  law,  concern- 
officers  failing  ing  the  fitness  of  an  officer  of  the  Navy  for  promotion,  it 
1D An™™imU22  shall  appear  that  such  officer  is  unfit  to  perform  at  sea  the 
stat.  i.|  p.  286.  duties  of  the  place  to  which  it  is  proposed  to  promote  him, 
atfon'ac't!]1'™  "  by  reason  of  drunkenness,  or  from  any  cause  arising  from 
see  note  5.       ^jg  owll  misconduct,  and  having  been  informed  of  and 

1228  R.  S.,  bo  reinstated  except  by  reappointment,  confirmed  by  the  Senate.  This  is 
a  clear  recognition  tbat  restoration  of  officers  separated  from  the  service  tinderother 
circumstances,  can  bo  accomplished  without  confirmation  of  the  Senate.  The  words 
"inferior  officers"  used  in  the  Constitution,  mean  subordinate  or  inferior  officers  in 
whom,  respectively,  the  power  of  appointment  may  be  invested  by  Congress  iu  the 
President,  the  courts  of  law,  and  the  heads  of  Departments.— C.C.,  XIV,  573,  Colliu's 
Caae.  See  sec.  1504,  Retirement. 

When  the  President  is  authorized  by  lun-  to  reinstato  a  discharged  Army  officer, 
he  may  do  so  without  the  advice  and  consent  of  the  Senate.  When  he  exercises  the 
discretion  vested  in  him  by  an  act  of  Congress,  of  reinstating  an  officer,  and  expresses 
his  will  by  an  order  to  that  effect,  the  officer  acquires  n  vested  right  to  tho  offit  e. 
l!y  antedating  an  appointment  or  commission  he  can  not  create  a  liability  on  the 
part  of  the  Government,  but  the  legislative  branch  of  the  Government  can.-C.  C., 
XV.  22,  Col  lin's  Case. 

Note  4. — An  officer,  between  date  of  dismissal  and  restoration,  not  demanding,  in 
writing,  as  often  as  six  months.  .•;  trial,  when  restored  is  not  entitled  to  more.  th:m 
"pay  as  on  leave  for  six  months  "  from  date  of  dismissal.  (Op.,  XV,  569,  Tat't.  .1  ulv 
21,1876.) 

See  act  of  Aug.     Note  5. — After  a  sentence  of  dismissal  from  the  service  has  been  approved  and 

5, 1882  carried  into  execution,  the  President  can  not  reconsider  his  approval  and  revoke  the 

sentence.     (Op.,  IV,  p.  274,  Nov.  3,  1843;  Op.,  VII,  p.  99,  Apr.  11, 1855;  Op.,  X.  p.«4, 

Jnn«  13,  1861 ;  Op.,  XI,  pp.  10  and  251,  Mar.  12,  1864,  and  June  20,  1865,  respectively; 

Op.  XV,  p.  201,  nnd  Kel,.  'J4  1881.) 

The  President,  by  and  with  the  advice  und  consent  of  the  Senate,  can  supersede 


DISMISSAL    AND    RESIGNATION    OF    OFFICERS.  49 

heard  upon  the  charges  against  him,  he  shall  not  be  placed 
on  the  retired- list  of  the  Navy,  and  if  the  finding  of  the' 
board  be  approved  by  the  President,  he  shall  be  discharged 
with  not  more  than  one  year's  pay.     [One  year's  leave  pay, 
as  decided  by  the  accounting  officers  in  1882.] 

SEC.  1624,  ART.  10.  Any  commissioned  officer  of  the  Titiei5,chap.io. 
Navy  or  Marine  Corps  who,  having  tendered  his  resigna-  De8ertiouby 
tion,  quits  his  post  or  proper  duties  without  leave,  and  with  resignation^ 
intent  to  remain  permanently  absent  therefrom,  prior  to^v.ilVaie. ' 8' 
due  notice  of  the  acceptance  of  such  resignation,  shall  be  fee^tie^'De 
deemed  and  punished  as  a  deserter.  sertwa  and  deser- 

tion ' '  for  amend- 
ments to  this  sec- 
tion. 

a  military  or  naval  officer  by  the  nomination  of  a  successor.  The  confirmation  and 
appointment  of  the  latter  vacates  the  office  of  the  former.  (Blake's  Case,  Supreme 
Court,  Otto,  103,  p.  227;  also  see  Otto,  97,  p.  426,  Mimmack's  Case,  and  Otto,  102, 426, 
McElratli's  Case.) 

So  much  of  this  section  (1624)  as  relates  to  dismissal  in  time  of  peace  did  not  take 
effect  before  August,  20.  1866,  on  which  day,  in  contemplation  of  law,  the  rebellion 
against  the  national  authority  was  suppressed.  (S.  C.,  Otto,  102,  p.  426.) 

Not  the  effect  of  this  act  (sec.  1624)  to  withdraw  the  power  of  the  President  to 
supersede  an  officer  by  appointment,  by  and  with  the  advice  and  consent  of  the  Sen- 
ate, of  another.  (Otto,  103,  p.  226.) 

Article  37,  section  1624  (12  of  act  of  Mar.  3, 1865, 13  Stat.,  489),  is  constitutional  and 
imp«>ratiA*e.  It  provides,  in  certain  contingencies,  for  the  restoration  of  the  officer 
to  the  service,  and  leaves  the  dismissal  in  full  force  if  those  contingencies  do  not 
happen.  (Op.,  XII,  p.  4,  Stanbery,  Aug.  6, 1866.) 

The  President  in  1861  had  the  power  to  dismiss  an  officer  from  the  Marine  Corps. 
(Tyler' 8  Case,  Op.,  XV,  p.  421,  Jan.  8, 1878.) 

Dismissal  of  an  acting  master,  March,  1862,  by  the  Secretary  of  the  Navy,  lawful. 
In  TOO  absence  of  legislation,  the  Secretary  had  a  right  to  determine  at  what  time  an 
acting  appointment  should  cease.  (A.  M.  Smith's  Case,  Op.,  XV,  p.  560,  Apr.  25, 1876.) 

The  Secretary  of  the  Navy  had  the  power  to  dismiss  an  "acting  gunner  on  tem- 
porary service"  in  the  volunteer  Navy.  The  power  to  appoint  gunners  to  an  unde- 
fined extent  does  not  preclude  the  appointment  of  acting  gunners  also.  (Soper's 
Case,  Op.,  XV,  p.  564,  June  10, 1876.) 

The  seventeenth  section  of  the  act  of  July  12, 1862,  chap.  200,  v.  12,  p.  594,  authorized 
and  requested  the  President  to  dismiss  and  discharge  from  the  military  service,  either 
in  the  Army,  Navy,  Marine  Corps,  or  volunteer  force  in  the  United  States  service,  any 
officer  for  any  cause  which,  in  his  judgment,  either  rendered  such  officer  unsuitable 
for,  or  whose  dismission  would  promote,  the  public  service.  This  section  was  re- 
pealed by  section  5  of  an  act  approved  July  13, 1866,  chap.  176,  v.  14,  p.  90. 

In  a  case  where  an  officer  was  dismissed  by  the  President,  and  the  dismissal  revoked 
in  due  form,  no  unreasonable  time  having  elapsed,  the  vacancy  not  having  been 
filled,  and  the  rights  of  other  parties  not  having  intervened,  the  revocation  presents 
only  a  case  of  Executive  authority,  which  has  repeatedly  been  exercised ;  but  in 
view  of  late  decisions  the  court  gave  judgment  for  the  clamant  in  order  that  the 
case  might  go  to  the  Supreme  Court.  (C.  C.,  XVII,  p.  344,  Corson's  Case,  Dec.,  1881, 
term.) 

The  President,  by  and  with  the  advice  and  consent  of  the  Senate,  may,  by  re- 
appointment  and  commission,  restore  lost  rank,  including  seniority,  to  an  officer  of 
the  Army  or  Navy.  Cases  cited.  (Op.  VIII,  223  Gushing,  Dec.  10, 1856.) 

In  the  same  way  he  can  correct  the  date  of  a  military  appointment,  or  an  error  in 
the  date  of  appointment,  or  an  inadvertence  to  nominate  an  officer  entitled  to  promo- 
tion by  ten  years'  service.  (Op.  Ill,  307;  VIII,  223.) 

The  right  of  a  reinstated  officer  to  pay  during  the  time  he  was  out  of  the  service 
must  depend  on  the  will  of  Congress,  as  expressed  in  the  act  authorizing  his  rein- 
statement, and  not  upon  the  date  of  his  commission.  (C.  C.,  XV,  41,  Kilburn's  Case.) 

Commissions  signed  by  his  predecessor  should  be  regarded  by  the  President  aa 
conclusive  evidence  of  the  officers'  right  to  the  rank  and  authority  given  thereby. 
While  their  commissions  stand  the  President  should  respect  them,  and  in  making 
promotions  by  seniority  have  regard  for  them.  If  wrong  has  been  sustained,  Con- 
gress can  remedy  it  by  a  special  relief  act  empowering  the  President.  (Op.  XVI, 
583,  Devens,  Dec.  9,  1880.) 

Note  6. — An  offer  to  resign  is  revocable  by  the  officer  prior  to  its  acceptance.  After 
acceptance  and  before  it  has  taken  effect  it  may  be  modified  or  withdrawn  entirely 
by  the  consent  of  both  parties.  Control  over  it,  in  point  of  duration,  extends  no 
further.  (Op.,  XIV,  p.  260,  June  17, 1873 ;  Op.,  XII,  p.  555,  Feb.  10, 1869.) 

A  resignation  tendered  to  take  effect  on  a  future  day,  and  placed  in  the  hands  of  a     See  sec.  1624. 
party  to  be  delivered  to  the  President,  can  be  recalled  before  delivery.    Its  subse- 
quent delivery  is  not  binding.     (Op.,  XIII,  p.  77,  June  2,  1869.) 

A  valid  resignation  of  a  military  officer,  followed  by  an  unconditional  acceptance 
of  it,  operates  to  remove  the  incumbent,  and  anew  appointment  is  required  to  restore 
him  to  the  office.  (Op.,  XII,  p.  555,  Feb.  10, 1869.)  But  in  cases  where  the  officer  was 
insane  at  time  of  resignation,  his  action  was  held  to  be  a  nullity  and  capable  of  being 
rectified.  (Ops.,  Ill,  p.  641,  VI,  p.  456,  and  X,  p.  229.)  If  the  vacancy  has  been  properly 
filled,  the  acceptance  can  not  be  legally  revoked.  (Op.,  XV,  p.  469,  Mar.  22, 1878 ;  Otto, 
103,  p.  227.) 

A  civil  officer  has  a  right  to  resign  at  his  own  pleasure,  and  it  is  only  necessary 


50          LAWS    RELATING   TO    THE   NAVY,  MARINE    CORPS,  ETC. 


ENGINEER  CORPS. 


[See  also  NAVAL  Ac  ADKMY.] 


Sec. 
424.  Chief  of  Bureau. 

1390.  Engineer  Corps,  number  and  rank. 
Restriction  on  promotions. 

1391.  Appointment  of. 

1392.  Qualifications  of. 

1393.  Engineer  of  the  fleet. 

1471.  Rank  and  title  of  Chief  of  Bureau. 
1476.  Rank,  active  list. 


Sec. 

1481.  Rank,  retired,  etc. 

1484.  Engineer  officers  graduated  at  tho 

Academy. 
1488.  No  authority  to  exercise   military 

command. 
1556.  Pay  of  engineers. 

Assignment  to  colleges. 


Title  10. 


.  SEC.  424.  The  Chief  of  the  Bureau  of  Steam  Engineering 
.  shall  be  appointed  from  the  chief  engineers  of  the  Navy, 
'  and  sha11  be  a  skillful  engineer. 


Title  is,  chap.  i.     SEC.  1390.  The  active  list  of  the  Engineer  Corps  of  the 
Engineer  Navy  shall  consist  of  seventy  chief  engineers,  who  shall  be 


Alar.  3,  1871,8.7, 

v.  16,  p.  536;  Feh. 
24,  1874,  v.  18,  p. 
17;  Aug.  5,  1882. 


Mar.   3,    1 
Supp.    R.    S.,   p 
401. 
See  note  1. 


andprankuumber  divided  in*o  three  grades,  by  relative  rank,  as  provided  in 
aMara3,i87M.  7,  Chapter  Four  of  this  Title; 

Ten  chief  engineers; 
ig.  5,  iwra.     Fifteen  chief  engineers  ;  and 

22sSeea8ec'.'i47686'     Forty-five  chief  engineers,  who  shall  have  the  relative 
20  A.  G.  op.,  p.  rank  of  lieutenant-commander  or  lieutenant. 

And  each  and  all  of  the  above-named  omcers  of  the  Engi- 
neer Corps  shall  have  the  pay  of  chief  engineers  of  the  Navy, 
as  now  provided. 

Lieutenant  of     Sixty  passed  assistant  engineers,  who  shall  have  the  rela- 
i  tive  rank  of  lieutenant  or  master  ;  and 

Forty  assistant  engineers,  who  shall  have  the  relative 
rank  of  master  or  ensign  ;  and  the  said  assistant  engineers 
shall  have  the  pay  of  passed  and  assistant  engineers  of  the 
Navy,  respectively,  as  now  provided. 
August  5,  1882.     That  the  active-list  of  the  engineer  corps  of  the  Navy 
Sec.  1390.         shall  hereafter  consist  of  ten  chief  engineers  with  the  rela- 
E  n  g  i  n  e  e  r  tive  rank  of  captain,  fifteen  chief  engineers  with  the  relative 

Corps,  number  of          i        /?  '     -i         n     j.      n.  i  •    /P         •  -JT    j-i  -i 

officers.  rank  of  commander,  forty-five  chief  engineers  with  the  rela- 

MwS2  i«»13c5.'*ive  ran^  pf  lieutenant-commander    or  lieutenant,  sixty 
396.'  "passed  assistant  engineers,  and  forty  assistant  engineers, 

with  the  relative  rank  for  each  as  now  fixed  by  law; 
Number  not  to     And  after  the  number  of  omcers  in  the  said  grades  shall 
Mar.e3  1883,  ch.  be  reduced  as  above  provided,  the  number  in  each  grade 
stkfaL  \vsu  22>  s^a^  no*i  excee(l  the  reduced  number  which  is  fixed  by  the 
R.  s'.,  p.'4oi.upp'  provisions  of  this  act  for  the  several  grades. 
d  N°dorSror  ed      That  no  officer  now  in  the  service  shall  be  reduced  in  rank 

or"  deprived  of  his  commission  by  reason  of  any  provision  of 

this  act  reducing  the  number  of  officers  in  the  several  staff 

corps: 


that  it  should  be  received  by  the  Executive.  Its  acceptance  or  rejection  by  him  is 
unimportant.  (TL  S.  v.  Wright,  1  McLean,  509.) 

A  resignation  does  not  become  operative  until  tho  officer  is  officially  not  hied  <>i 
the  acceptance  of  the  same.  Mere  acceptance,  without  notice,  does  not  give  eil'ert  to 
the  resignation.  It  is  not  until  due  notice  of  the  same  is  received  that  the  officer  is 
legally  separated  from  the  Army  and  made  a  civilian,  and  up  to  the  date  of  such 
notice  he  is  entitled  to  pay.  (Winthrop's  Digest,  p.  430.) 

Note  1. — The  titles  of  first  and  second  assistant  engineers  were  changed  to  passed 
and  assistant  engineers,  respectively.  February  24,  1874.  The  grade  or  third  assist- 
ant was  abolished  July  15,  1870. 


ENGINEER  CORPS  OP  THE  NAVY.  51 

SEC.  1391.  Engineers  shall  be  appointed  by  the  Presi-  Title  15,  chap,  i. 
dent,  by  and  with  the  advice  and  consent  of  the  Senate.        Appointment. 

A  ug.  If  1,1842,8. 
6,v.5,p.577;Mar, 
3, 1845,  s.  7,  v.  5, 
p.  794;  July  25. 
1866,s.  7,  v.  14,  p. 
223. 


SEC.  1392.  No  person  under  nineteen  or  over  twenty-six 
years  of  age  shall  be  appointed  an  assistant  engineer  in  the  s/v^ie!'  p^saej 
Navy;  nor  shall  any  person  be  appointed  or  promoted  in p.ebi724' j8ui4'v 25' 
the  Engineer  Corps  until  after  he  has  been  found  qualified  isec,  s.  7,  v.  14,  p. 
by  ar  board  of  competent  engineers  and  medical  officers  22seo note  2. 
designated  by  the  Secretary  of  the  Navy,  and  has  com- 
plied with  the  existing  regulations. 

SEC.  1393.  The  President  may  designate  among  the  chief  ^Engineer  of  the 
engineers  in  the  service,  and  appoint  to  every  fleet  or  elpr,2i,i864,8. 
squadron,  an  engineer,  who  shall  be  denominated  "engi-7'v-13'p-54- 
neer  of  the  fleet." 

SEC.  1471.  The  Chief  *  *  *  of  the  Bureau  of  Steam  Title  i5,chap.4. 
Engineering  shall  have  the  relative  rank  of  commodore  ~Eank^F^hief 
while  holding  said  position,  *  *  *  and  the  title  of ofJ'iure^u-, 

•  •         i   •     /»  JiLur.  d.  1871.  8. 

engmeer-m-cniei.  12,  v.  ie,  p.  537. 

SEC.  1476.  Officers  of  the  Engineer  Corps  on  the  active    seTsame  sec 
list  shall  have  relative  rank  as  follows :  "  Rank  and  Pre- 

cedence." 

Of  the  chief  engineers,  ten  shall  have  the  relative  rank  of  lis°n  the  tictive 
captain,  fifteen  that  of  commander,  and  forty-five  that  of  Mar.  3,i87i,  8. 
lieutenant-commander  or  lieutenant.  JiejJ;  $  jjj/3^ 

18,  p.  17.' 

Passed  assistant  engineers  shall  have  the  relative  rank  ^aSSSS5md!f 
lieutenant  or  master,  and  assistant  engineers  that  of  mas-  Mar  U^!°ri883,  ei 
ter  or  ensign.  J^PP-  K-  s->  P- 

SEC.  1481.  Officers   of  the     *      *     *      Engineer  Corps  fr^ena  reetir«d  • 
*     *     *     who  shall  have  served  faithfully  for  forty-five  lengtho? service. 
years,  shall,  when  retired,  have  the  relative  rank  of  com- 
modore; and    *    *    *    who  have  been  or  shall  be  retired 
at  the  age  of  sixty-two  years,  before  having  served  for 
forty-five  years,  but  who  shall  have  served  faithfully  until 
retired,  shall,  on  the  completion  of  forty  years  from  their 
entry  into  the  service,  have  the  relative  rank  of  commodore. 

SEC.  1484.  Engineer  officers  graduated   at  the    Naval 
Academy  shall  take  precedence  with  all  other  officers  with  Academy. 
whom  they  have  relative  rank,  according  to  the  actual lt ^\  p. 555*' 8> 
length  of  service  in  the  Navy.  '  See  note  3. 

J  See  act  of  Mar. 

2,1889,  "An  act 
to  regulate  the 
course  at  the 
Navy  Academy. ' ' 

SEC.  1488.  The  relative  rank  given  by  the  provisions  of  inM11dlitary  c°m" 
this  chapter  to  officers  of  the  *  *  *  Engineer  Corps  mTug.  5, 1354,  s. 
shall  confer  no  authority  to  exercise  military  command.  o  V'AU  p'lM.feS' 

and  May  27, 1847 ;  Mar.  3,  1859,  a.  2,  v.  11,  p.  40?! 

Note  2.— The  naval  appropriation  act  approved  August  5, 1882,  requires  that  there-     22  Stat.  L.,  p. 
after  all  appointments  to  the  Engineer  Corps  shall  be  made  from  naval  cadets,  grad-  286. 
uates  of  the  year  in  which  the  vacancies  which  they  are  appointed  to  fill  shall  occur. 
(See  Xaval  Academy.) 

Note  3. — Engineer  officers,  graduates  of  the  Naval  Academy,  are  not  entitled  to      See  sec.  1484. 
the  six  years'   constructive  service  allowed  to  other  staff  officers  of  the  Navy  in 
estimating  length   of  service.    Engineer  officers   not  graduated  at  the  Academy 
stand  on  the  same  footing  with  other  staff  officers,  aiid  are  entitled  to  the  construc- 
tive service.    (Op.,  XV,  p.  336,  Devens,  July  11,  1877.) 


52          LAWS   RELATING   TO   THE    NAVY,  MARINE    CORPS,  ETC. 

Title  is, chap.  8.      gEC.  1550.     *     *     *     Fleet  engineers,  four  thousand  four 
Pay  of  fleet  en- hundred  dollars.    *     *     *     Chief  engineei  having  the  same 
gineers.  rank  as  pay  director  and  pay  inspector,  when  on  duty  at 

sea,  four  thousand  four  hundred  dollars.  When  not  at  sea, 
the  same  as  surgeons  and  paymasters,  respectively.  *  * 
chief  en  gi-  Chief  engineers,  who  have  the  same  rank  with  paymasters, 
during  the  first  five  years  after  date  of  commission,  when 
at  sea,  two  thousand  eight  hundred  dollars ;  on  shore  duty, 
two  thousand  four  hundred  dollars ;  on  leave,  or  waiting 
orders,  two  thousand  dollars;  during  the  second  five  years 
after  such  date,  when  at  sea,  three  thousand  two  hundred 
dollars;  on  shore  duty,  two  thousand  eight  hundred  dol- 
lars; on  leave,  or  waiting  orders,  two  thousand  four  hun- 
dred dollars;  during  the  third  five  years  after  such  date, 
when  at  sea,  three  thousand  five  hundred  dollars;  on  shore 
duty,  three  thousand  two  hundred  dollars;  on  leave,  or 
waiting  orders,  two  thousand  six  hundred  dollars ;  during 
the  fourth  five  years  after  such  date,  when  at  sea,  three 
thousand  seven  hundred  dollars;  on  shore  duty,  three 
thousand  six  hundred  dollars;  on  leave,  or  waiting  orders, 
two  thousand  eight  hundred  dollars ;  after  twenty  years 
from  such  date,  when  at  sea,  four  thousand  two  hundred 
dollars;  on  shore  duty,  four  thousand  dollars;  on  leave,  or 
waiting  orders,  three  thousand  dollars.  *  *  * 
Passed  assist-  Passed  assistant  engineers,  during  the  first  five  years 
after  date  of  appointment,  when  at  sea,  two  thousand  dol- 
lars; on  shore  duty,  one  thousand  eight  hundred  dollars; 
on  leave,  or  Availing  orders,  one  thousand  five  hundred  dol- 
lars; after  five  years  from  such  date,  when  at  sea,  two 
thousand  two  hundred  dollars;  on  shore  duty,  two  thou- 
sand dollars;  on  leave,  or  waiting  orders,  one  thousand 
seven  hundred  dollars. 

Mar,  a,  1885.       That  from  and  after  the  passage  of  this  act  the  passed 
23  stat.  L.,  436.  assistant  engineers  of  the  Navy  shall  receive  during  the 
4gS«pp.  B-  8.,  P.  third  five  years  after  the  date  from  which  they  take  rank 
Passed  assist- as  passed  (first)  assistants,  when  at  sea,  two  thousand  four 
ii^  hundred  a11^   n^  dollars;  on  shore  duty,  two  thousand 
longev-  two  hundred  and  fifty  dollars ;  on  leave  or  waiting  orders, 
*aeo.i56«.one  thousand  nine  hundred  dollars.     During  and  after  the 
24'  1874'  f°ur*h  five  years  from  such  date,  when  at  sea,  two  thousand 
seven  hundred  dollars;  on  shore  duty,  two  thousand  three 
hundred  and  fifty  dollars;  on  leave  or  waiting  orders,  one 
thousand  nine  hundred  and  fifty  dollars.     And  section  fif- 
teen hundred  and  fifty- six  of  the  Eevised  Statutes  is  hereby 
amended  accordingly. 

^-^i-stant  engineers,  during  the  first  five  years  after 
July  ML  ISM,  IB  date  of  appointment,  when  at  sea,  one  thousand  seven 
^alandes  i^thw  hundred  dollars ;  on  shore  duty,  one  thousand  four  hundred 
grade.  dollars;  on  leave,  or  waiting  orders,  one  thousand  dollars; 

§.  M?i<Lpj8i]  after  five  years  from  such  date,  when  at  sea,  one  thousand 
Mar.  3,  i87i,  SB. 5,' nine  hundred  dollars;  on  shore  duty,  one  thousand  sixhun- 

6,   v.   16,  p.  535;    ,        j     ,     ,,  ,  ...  J\  ,    ' 

Mar.  3, 1873, H.  i,  dred  dollars;  on  leave,  or  waiting  orders,  one  thousand  two 
I:"^;8?',?*-  hundred  dollars. 

—4,  loi*,  v.  J.O,  p. 


ENGINEER  CORPS  OF  THE  NAVY.  53 

For  the  purpose  of  promoting*  a  knowledge  of  steam-engi-    Feb.  26,  ISTO. 
neering  and  iron-ship  building  among  the  young  men  of   Detail  of  engi- 
the  United  States,  the  President  may,  upon  the  application  JJ£™    lor    co1 
of  an  established  scientific  school  or  college  within  the    Feb.  20,  1879,  v. 
United  States,  detail  an  officer  from  the  Engineer  Corps  of20-  P-  *22- 
the  Navy  as  professor  in  such  school  or  college:  Provided, 
That  the  number  of  officers  so  detailed  shall  not  at  any 
time  exceed  twenty-five,  and  such  details  shall  be  governed 
by  rules  to  be  prescribed  from  time  to  time  by  the  President  : 
And  provided  further,  That  such  details  may  be  withheld  or 
withdrawn  whenever,  in  the  judgment  of  the  President,  the 
interests  of  the  public  service  shall  so  require. 

That  section  twelve  hundred  and  twenty-five  of  the  Ee-  Sept.  26,  isss. 
vised  Statutes  of  the  United  States,  as  amended  by  an  25  stat.  L.,  491. 
act  of  Congress  approved  July  fifth,  eighteen  hundred  and0JjJ*f5iIJjLj2i 
eighty  four,  be.  and  the  same  is  hereby,  further  amended.  Navy  to  educa 
so  as  to  read  as  follows:  gj£)  institu' 

"SBC.  1225.  The  President  may,  upon  the  application  of   substitute  for 
any  established  military  institute,  seminary  or  academy,  col-  as  amended  2by 
lege  or  university,  within  the  United  States  having  capacity  JJ?4'/ 
to  educate  at  the  same  time  not  less  than  one  hundred  and  ios.) 
fifty  male  students,  detail  an  officer  of  the  Army  or  Navy 
to  act  as  superintendent,  or  professor  thereof; 

And  they  shall  be  apportioned  throughout  the  United  ti^J 
States,  first,  to  those  State  institutions  applying  for  such  TJ.  s. 
detail  that  are  required  to  provide  instruction  in  military  lao' 
tactics  under  the  provisions  of  the  act  of  Congress  of  July  sos). 
second,  eighteen  hundred  and  sixty-two,  donating  lands 
for  the  establishment  of  colleges  where  the  leading  object 
shall  be  the  practical  instruction  of  the  industrial  classes 
in  agriculture  and  the  mechanic  arts,  including  military 
tactics;  and  after  that,  said  details  to  be  distributed,  as 
nearly  as  may  be  practicable,  according  to  population. 

The  Secretary  of  War  is  authorized  to  issue,  at  his  dis-,J5ecretar.y  of 

,  .  ,  J,  ,  .,      ,    ,       War   may  issue 

cretion  and  under  proper  regulations  to  be  prescribed  by  ordnance  stores 
him,  out  of  ordnance  and  ordnance  stores  belonging  to  the  J?on88uch  1nstitu 
Government,  and  which  can  be  spared  for  that  purpose, 
such  number  of  the  same  as  may  appear  to  be  required  for 
military  instruction  and  practice  by  the  students  of  any 
college  or  university  under  the  provisions  of  this  section, 
and  the  Secretary  shall  require  a  bond  in  each  case,  in 
double  the  value  of  the  property,  for  the  care  and  safe 
keeping  thereof,  and  for  the  return  of  the  same  when 
required": 

Provided,  That  nothing  in  this  act  shall  be  so  construed 
as  to  prevent  the  detail  of  officers  of  the  Engineer  Corps  Nav.v  as 


ot'  the  Navy  as  professors  in  scientific  schools  or  colleges 


as  now  provided  by  act  of  Congress  approved  February    ^  20,  1379, 
twenty-sixth,  eighteen  hundred  and  seventy-nine,  entitled  c 
"An  act  to  promote  a  knowledge  of  steam-engineering  and 
iron-  ship  building  among  the  students  of  scientific  schools 
or  colleges  in  the  United  States; 

"And  the  Secretary  of  War  is  hereby  authorized  to  issue  colleges,  etc., 
ordnance  and  ordnance  stores  belonging  to  the  Government  JiSJ«  orffiS 
on  the  terms  and  conditions  hereinbefore  provided  to  anyj™vea8fgfj|8l  jj 
college  or  university  at  which  a  retired  officer  of  the  Army 


54    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

R.  s.,  sec.  i26o.  may  be  assigned  as  provided  by  section  twelve  hundred 

and  sixty  of  the  Revised  Statutes. 

Repeal  of  SKC.  2.  That  the  said  section  twelve  hundred  and  twenty- 

n8Kamended12ify  five  of  the  Revised  Statutes  of  the   United   States,  as 

1884*.  Juiyjj,  <-ii.  amended  by  the  said  act  of  Congress  approved  July  fifth, 

IDS.)  J"  eighteen  hundred  and  eighty-four,  and  all  acts  and  parts 

Sept.  26, 1888.    of  ac£s  inconsistent  or  in  conflict  with  the  provisions  of 

this  act,  be,  and  the  same  are  hereby  repealed,  saving 

always,  however,  all  acts  and  things  done  under  the  said 

amended  section  as  heretofore  existing. 

Jan.  13, 1891.      Provided,  That  no  officer  shall  be  detailed  to  or  main- 
26  stat,  L.,  716.  taiued  at  any  of  the  educational  institutions  mentioned  in 
aiufnavV°officers  said  act  where  instruction  and  drill  in  military  tactics  is 
to  colleges,  etc.    not  eriven : 

—only  where  mil- 
itary instruction . 

NOT.  s,  1893.       That  section  twelve  hundred  and   twenty-five  of  the 

28  stat.  L.,  7.    Revised  Statutes,  concerning  details  of  officers  of  the  Army 

i89£-9]5P'  152  S*'  anc^  ^avy  to  educational  institutions,  be,  and  the  same  is 

Arpiy  details  of  hereby,  amended  so  as  to  permit  the  President  to  detail 

leges —limit  Tn-  under  the  provisions  of  said  act  not  to  exceed  one  hundred 

creased  to  loo.     officers  of  the  Army  of  the  United  States ; 

Aug.  6, 1894.  ch. 
228.  par.  3. 

Service.  and  no  officer  shall  be  thus  detailed  who  has  not  had  five 

e4'       years  service  in  the  Army 
Duration.  and  no  detail  to  such  duty  shall  extend  for  more  than 

four  years 

Retimi office™,     and  officers  on  the  retired  list  of  the  Army  may  upon 
seeSnoteeC5126[)  their  own  application  be  detailed  to  such  duty  and  when  so 

detailed  shall  receive  the  full  pay  of  their  rank; 

NaV  "maximum  an(^  *^6  maximum  number  of  officers  of  the  Army  and 
ofmv5et»ii  i™  Navy  to  be  detailed  at  any  one  time  under  the  provisions 
of  |ine  ac^  approved  January  thirteenth,  eighteen  hundred 
and  ninety-one,  amending  section  twelve  hundred  and 
twenty- five  of  the  Revised  Statutes  as  amended  by  an  act 
approved  September  twenty-sixth,  eighteen  hundred  and 
eighty-eight,  is  hereby  increased  to  one  hundred  and  ten. 

HOSPITALS,  ASYLUMS,    ETC. 


Sec. 

4807.  Superintendence  of  Navy  hospitals. 

4809.  Appropriation  of  fines. 

4810.  Purchase  and  erection  of  Navy  hos- 

pitals. 

4811.  Government  of  Naval  Asylum. 


Sec. 

4812.  Allowance  of  rations  to  Navy  hos- 


itals. 


pit 
4813.  Allowance  from  pensions. 

Hospital  at  Hot  Springs,  Ark. 

Closing  of  hospitals. 


Title  59,  chap,  i.     SEC.  4807.  The  Secretary  of  the  Navy  shall  have  the  gen- 
superintend-eral  charge  and  superintendence  of  Navy  hospitals. 

ence  of  Navy  hospitals. 

See  act  Nov.  3,      Note  4.— For  other  acts  relating  to  details  of  officers  of  the  Army  and  Navy  see 
1893.  the  following :  1879,  Feb.  26,  ch.  105  (1  Supp.  R.  S.,  221),  authorizing  the  detail  of  not 

exceeding  25  officers  of  the  Engineer  Corps  of  the  Navy.  1888,  Sept.  26,  ch.  1037  (1 
Supp.  It.  S.,  620),  authorizing  the  detail  of  not  exceeding  50  officers  from  the  Army 
and  10  from  the  Navy  in  addition  to  those  authorized  by  the  preceding  act,  and  pro- 
viding for  the  apportionment  of  the  officers  so  detailed,  and  the  issuance  of  ordnance 
stores  to  the  colleges  to  which  such  officers  are  assigned.  1891,  Jan.  13,  ch.  70  (1  Supp. 
R.  S.,  887),  increasing  the  maximum  of  the  officers  of  the  Army  to  he  so  detailed  to 
75,  and  the  maximum  for  Army  and  Navy  to  85,  and  limiting  such  detail  to  inst  itu- 
tions  where  instruction  and  drill  in  military  tactics  is  given.  1895,  Mar.  2,  ch.  186, 
par.  2,  authorizing  the  detail  of  any  retired  officer  of  the  Navy  or  Marine  Corps. 
R.  S.,  sec.  1225,  named  in  the  text,  as  well  as  1884,  July  5,  ch.  217  (23  Stat.  L.,  108),  were 
repealed  by  the  a«t  of  1888  above  referred  to. 
Ifote  S.—Aa  to  such  details  of  retired  officers,  see  1894,  Aug.  6,  ch.  228,  par.  3. 


ENGINEER  CORPS  OP  THE  NAVY.  55 

SEO.   15.  Sections   forty-live  hundred   and   eighty-five,  June  26» 1884- 
forty-five  hundred  and  eighty-six,  and  forty-five  hundred    Supp.  K.S.,  p. 
and  eighty-seven  of  the  Ke  vised  Statutes,  and  all  other  acts  44H08pitai  tax 
and  parts  of  acts  providing  for  the  assessment  and  collec-  ^^f"0611  abo1' 
tiou  of  a  hospital  tax  for  seamen,  are  hereby,  repealed,  and  ^Expenses    of 
the  expense  of  maintaining  the  Marine  Hospital  Service  sSvic"?°8f?S 
shall  hereafter  be  borne  by  the  United  States  out  of  the  paid, 
receipts  for  duties  on  tonnage  provided  for  by  this  act;    1^" 8^4585- 
and  so  much  thereof  as  may  be  necessary,  is  hereby  appro-  *587.^ '  g    ^_ 
priated  for  that  purpose.  Ch.  156,  and  is 

Stat.L.,485. 

SEC.  4809.  All  fines  imposed  on  Navy  officers,  seamen,  ofj[™™pTi&tion 
and  marines  shall  be  paid  to  the  Secretary  of  the  Navy,  for  2  Feb.  2<u8ii,s. 
the  maintenance  of  Navy  hospitals.  ibT  i83p',°s.  5.  vUZ 

p.  573. 

SEC.  4810.  The  Secretary  of  the  Navy  shall  procure  at  ^[chase^and 
suitable  places  proper  sites  for  Navy  hospitals,  and  if  the  hospitals, 
necessary  buildings  are  not  procured  with  the  site,  shall  3f  ^pjfso? inly 
cause  such  to  be  erected,  having  due  regard  to  economy,  ib/m?  s.5,v.4, 
and  giving  preference  to  such  plans  as  with  most  conven-  P'|r7avai  Asylum 
ience  and  least  cost  will  admit  of  subsequent  a^ditioBSjjjjjJ^g  at 
when  the  funds  permit  and  circumstances  require;   and 
shall  provide,  at  one  of  the  establishments,  a  permanent 
asylum  for  disabled  and  decrepit  Navy  officers,  seaman,  and 
marines. 

SEC.  4811.  The  asylum  for  disabled  and  decrepit  Navy    Government  of 
officers,  seamen,  and  marines  shall  be  governed  in  accord  -  ^Feb.^isiM- 
ance  with  the  rules  and  regulations  prescribed  by  the  Sec- 4- v- 2- P- 65<>- 
retary  of  the  Navy.     [See  section  5757,  naval  pension  fund, 
as  to  provision  for  those  preferring  pension  to  the  asylum.] 

SEC.  4812.  For  every  Navy  officer,  seaman,  or  marine    Allowance  of 
admitted  into  a  Navy  hospital,  the  institution  shall  be  J^JJJ^  Navy 
allowed  one  ration  per  day  during  his  continuance  therein,    ibid..  s'.5. 
to  be  deducted  from  the  account  of  the  United  States  with 
such  officer,  seaman,  or  marine. 

SEC.  4813.  Whenever    any    Navy   officer,    seaman,    or  Aiiojrancefrom 
marine,  entitled  to  a  pension,  is  admitted  to  a  Navy  hos-peib?dn' 
pital,  the  pension,  during  his  continuance  in  the  hospital, 
shall  be  paid  to  the  Secretary  of  the  Navy  and  deducted 
from  the  account  of  such  pensioner. 

Provided,  That  one  hundred  thousand  dollars  be,  and    June  so,  1882. 
hereby  is,  appropriated  for  the  erection  of  an  Army  and  ^LrmyandNavy 
Navy  hospital  at  Hot  Springs,  Arkansas,  which  shall  be  g0^*^  £*kHot 
erected  by  and  under  the  direction  of  the  Secretary  of l  PSe8'3o,ri882, 
War,  in  accordance  with  plans  and  specifications  to  be^^jjijT^MB. 
prepared  and  submitted  to  the  Secretary  of  War  by  the  priation  act. 
Surgeons-General  of  the  Army  and  Navy ;  which  hospital, 
when  in  a  condition  to  receive  patients,  shall  be  subject  to 
such  rules,  regulations,  and  restrictions  as  shall  be  provided 
by  the  President  of  the  United  States:  Provided  further, 
That  such  hospital  shall  be  erected  on  the  government 
reservation  at  or  near  Hot  Springs,  Arkansas. 

And  if  the  Secretary  of  the  Navy  shall  not  be  able  to    Mar,  a,  isss. 
maintain  properly  the  whole  number  of  naval  hospitals  now    cioamgof  hoa- 
kept  open  on  the  amounts  hereby  appropriated  for  the  main-  i)itals- 


56    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Aug.  s,  1882,  tenance  of  and  civil  establishment  at  naval  hospitals,  he 
\?22,  stat 'L^P'.  shall  close  those  which  are  least  necessary  to  the  service, 
2^-  and  provide  for  the  patients  now  cared  for  therein  at  such 

other  naval  hospitals  as  may  be  most  convenient. 


INSANE   OF   THE   NAVY— GOVERNMENT   HOSPITAL. 


Sec. 

1551.  Authority  of  the  Secretary  of  the 

Navy,  etc. 
4838.  Establishment  of  the  Government 

Hospital  for  the  Insane. 
843.  Admission  of  insane  persons  of  the 

Army,  Navy,  etc. 


Sec. 


Limit  to  Admission. 

Transfer  of  insane  convicts,  etc. 

Admission    of   insane    inmates    of 

National  Home  for  Disabled  ATol 

unteers. 


Title  is,  chap.  7.  SEC.  1551.  The  Secretary  of  the  Navy  may  cause  persons 
insane  of  the  in  the  naval  service  or  Marine  Corps,  who  become  insane 

NA?g.  3, 1848,  s.  while  in  the  service,  to  be  placed  in  such  hospital  for  the 

is,  v.  V  p.  272;' insane  as,  in  his  opinion,  will  be  most  convenient  and 

vui3,  p. m' 8' 2' best  calculated  to  promise  a  restoration  of  reason.  And 
he  may  pay  to  any  such  hospital,  other  than  the  Govern- 
ment Hospital  for  the  Insane  in  the  District  of  Columbia, 
the  pay  which  may  from  time  to  time  be  due  to  such  insane 
person,  and  he  may,  in  addition  thereto,  pay  to  such  insti- 
tution, from  the  annual  appropriation  for  the  naval  service, 
under  the  head  of  contingent  enumerated,  any  deficiency 
of  a  reasonable  expense,  not  exceeding  one  hundred  dollars 
per  annum. 

Titic59,chaP.4.  SEC.  4838.  There  shall  be  in  the  District  of  Columbia  a 
Government  Government  Hospital  for  the  insane,  and  its  objects  shall 

insane81  for  the  ^e  ^ne  mos^  humane  care  and  enlightened  curative  treat- 
Mar.  3, 1855,  s.  ment  of  the  insane  of  the  Army  and  Navy  of  the  United 

i,  v.  10,  p.  682.      states  and  of  the  District  of  Columbia. 

Admission  of  SEC.  4843.  The  superintendent,  upon  the  order  of  the 
3HnKiSi£  Secretary  of  War,  of  the  Secretary  of  the  Navy,  and  of  the 
Marine  Corps,  Secretary  of  the  Treasury,  respectively,  shall  receive,  and 
June  15,  i860,  s.  keep  in  custody  until  they  are  cured,  or  removed  by  the 
isyiseefss3! .^"v7  same  authority  which  ordered  their  reception,  insane  per- 
14,'  pp.  93, 94.'  sons  of  the  following  descriptions : 

First.  Insane  persons  belonging  to  the  Army,  Navy,  Ma- 
rine Corps,  and  re  venue- cutter  service. 

Second.  Civilians  employed  in  the  Quartermaster's  and 
Subsistence  Departments  of  the  Army  who  may  be,  or  may 
hereafter  become,  insane  while  in  such  employment. 

Third.  Men  who,  while  in  the  service  of  the  United  States, 
in  the  Army,  Navy,  or  Marine  Corps,  have  been  admitted 
to  the  hospital,  and  have  been  thereafter  discharged  from 
it  on  the  supposition  that  they  have  recovered  their  rea- 
son, and  have,  within  three  years  after  such  discharge, 
become  again  insane  from  causes  existing  at  the  time  of 
such  discharge,  and  have  no  adequate  means  of  support. 

Fourth.  Indigent  insane  persons  who  have  been  in  either 
of  the  said  services  and  been  discharged  therefrom  on  ac- 
count of  disability  arising  from  such  insanity. 

Fifth.  Indigent  insane  persons  who  have  become  insane 
within  three  years  after  their  discharge  from  such  service, 
from  causes  which  arose  during  and  were  produced  by  said 
service. 


NATIONAL    HOME    FOR    VOLUNTEER    SAILORS.  57 

Hereafter  the  admission  to  the  hospital  shall  be  limited  June  16»  188°- 
to  such  persons  as  are  entitled  to  treatment  therein  under    Limit toadmis- 
the  provisions  of  title  59,  chap.  4,  of  the  Kevised  Statutes  8ijJ;ne  16  ]88o 
of  the  United  States,  and  under  the  act  approved  March  3,  v.  21,  p.  259'. 
1875,  chap.  156. 

That  upon  the  application  of  the  Attorney-General  the   Aug.  7,  issa. 
Secretary  of  the  Interior  be,  and  he  is  hereby,  authorized    Transfer  of  m- 
and  directed  to  transfer  to  the  Government  Hospital  for  %%•  ^oVem' 
the  Insane  in  the  District  of  Columbia  all  persons  who,  ment Hospital. 
having  been  charged  with  offenses  against  the  United  i,  Jvuni823'p.8725i| 
States,  are  in  the  actual  custody  of  its  officers,  and  all  per-  A"g-  7,  1882,  22 
sons  who  have  been  or  shall  be  convicted  of  any  offense  in 
a  court  of  the  United  States  and  are  imprisoned  in  any 
State  prison  or  penitentiary  of  any  State  or  Territory,  and 
who  during  the  term  of  their  imprisonment  have  or  shall 
become  and  be  insane. 

In  addition  to  the  persons  now  entitled  to  admission  to.  Admission  of 

•11  -.LI  •  •  A«       -*.T   A-          ITT  /.-r^-         insane  irora  Na- 

said  hospital,  any  inmate  ot  the  .National  Home  tor  Disa-tionai  Homo  for 
bled  Volunteer  Soldiers,  who  is  now  or  may  hereafter  become  JS^16*1  Volun" 
insane  shall,  upon  an  order  of  the  president  of  the  board    Aug.  7,  mz,  22 
of  managers  of  the  said  National  Home,  be  admitted  to    see  note  1?°' 
said  hospital  and  treated  therein;  and  if  any  inmate  so 
admitted  from  said  National  Home  is  or  thereafter  becomes 
a  pensioner,  and  has  neither  wife,  minor  child,  nor  parent 
dependent  on  him,  in  whole  or  in  part,  for  support,  his 
arrears  of  pension  and  his  pension  money  accruing  during 
the  period  lie  shall  remain  in  said  hospital  shall  be  applied 
to  his  support  in  said  hospital,  and  be  paid  over  to  the 
proper  officer  of  said  institution  for  the  general  uses  thereof. 

Government  Hospital  for  the  Insane.  *  *  That  here-  Jnne  16>  188°- 
after  the  admissions  to  the  hospital  shall  be  limited  to  such  9|UPP-  R-  s-  P- 
persons  as  are  entitled  to  treatment  therein  under  the  pro-  9i882,Aug.5,ch. 
visions  of  title  fifty-nine,  chapter  four,  of  the  Eevised  Stat-390A'Pa^3.'^- 

t*   jt        rr    'A     -i     nA     ,  i  i      Admissions  to 

utes  of  the  United  States,  and  under  the  act  approved  Hospital  for  in- 
March  third,  eighteen  hundred  and  seventy-five,  chapter  ^nce0^m^rict 
one  hundred  and  fifty-six,  second  session,  Forty -third  R.  s.,  §§  4343- 
Oongress.  *  *  4%5)  March  3, 

ch.156,  §5;  1882, 
Aug.  7,  ch.  433, 
par.  14;  1884,  July 
7,  ch.  332,  par.  5, 
pp.  381,  469. 

NATIONAL    HOME    FOR    VOLUNTEER    SOLDIERS   AND 

SAILORS. 

Sec.  I    Sec. 

4832.  Persons  entitled  to  admission  |    Disposition  of  pensions. 

SEC.  4832.  The  following  persons  only  shall  be  entitled  Titie59,ch»P.8. 
to  the  benefits  of  the  National  Home  for  disabled  volunteer  what  persons 
soldiers,  and  may  be  admitted  thereto,  upon  the  recom-  nS  **" 

Note  1. — Volunteer  soldiers  who  have  become  insane  within  a  period  of  more  than 
three  years  after  their  discharge  from  service  may  be  admitted  to  the  Government 
Asylum  for  the  Insane  in  the  District  of  Columbia,  whether  at  the  time  they  became 
insane  they  were  inmates  of  any  volunteer  soldiers'  asylum  or  not.  (Op.,  XIV,  p.  225, 
Williams,  Apr.  23, 1873 ;  but  see  act  of  June  16, 1880,  ante.) 

An  act  approved  March  3, 1875,  v.  18,  p.  485,  chap.  156,  sec.  5,  provides  that  insane 
patients  of  the  Marine-Hospital  Service  may  be  admitted  to  the  Government  Hos- 
pital for  the  Insane  upon  the  order  of  the  Secretary  of  the  Treasury,  at  a  charge  not 
exceeding  four  dollars  and  fifty  cents  a  week. 

An  act  approved  June  23, 1874, 18  Stat.  L.,  251,  provides  for  the  admission  of  insane 
•convicts  to  the  insane  asylum  in  the  District  of  Columbia. 


58          LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

•  ~lav  w1'  18if'  men(ltl^011  °t  three  of  the  board  of  managers,  namely :  All 
i\'\C  28.,'  Pi87i,;  officers  and  soldiers  who  served  in  the  late  war  for  thesup- 
^'r5' Voo116o-?'pressiou  of  the  rebellion,  and  the  volunteer  soldiers  and 

J>ify  ;    eJ  till.  Jo,  lolo,    A  /IT  /»  •        -i  1  -IT  T  i 

s.i,v.i7,p.4i7.  sailors  of  the  war  ot  eighteen  hundred  and  twelve  and  of 
the  Mexican  war.  and  not  provided  for  by  existing  laws, 
aTOhaTAugusta?>vh0  have  been  or  may  be  disabled  by  wounds  received  or 
M«,, Milwaukee,  sickness  contracted  in  the  line  of  their  duty;  and  such  of 
Ohio]  Knight*  these  as  have  neither  wife,  child,  nor  parent  dependent 
tu\\ii.  ind.,  and  Upon  them,  on  becoming  inmates  of  this  home,  or  receiving 

Hampton.  \  a.  r,.     „    . ,         7«  i      -11  •  .1  •       <_i  •  -, 

relief  therefrom,  shall  assign  thereto  their  pensions  when 
required  by  the  board  of  managers,  during  the  time  they 
shall  remain  therein  or  receive  its  benefits. 

Aug.  7,1882.       That  all  pensions  and  arrears  of  pensions  payable  or  to 

Pensions  of  in-  be  paid  to  pensioners  who  are  or  may  become  inmates  of 
mat^of  jiomesthe  National  Home  for  Disabled  Volunteer  Soldiers  shall 
treasurers  of  be  paid  to  the  treasurers  of  said  home,  to  be  applied  by  such 
Hani.  iustitu"  treasurers  as  provided  by  law,  under  the  rules  and  regula- 

Aug.  7, 1882,  v.  tions  of  said  home.     Said  payments  shall  be  made  by  the 

l~'  pension  agent  upon  a  certificate  of  the  proper  officer  of  the 

home  that  the  pensioner  is  an  inmate  thereof  on  the  day  to 

which  said  pension  is  drawn.    The  treasurers  of  said  home, 

see  note  i.  respectively,  shall  give  security,  to  the  satisfaction  of  the 
managers  of  said  home,  for  the  payment  and  application 
by  them  of  all  arrears  of  pension  and  pension-moneys  they 
may  receive  under  the  aforesaid  provision.  And  section 
two  of  the  act  entitled  "An  act  making  appropriations  for 
the  payment  of  invalid  and  other  pensions  of  the  United 
States  for  the  fiscal  year  ending  June  thirtieth,  eighteen 
hundred  and  eighty-two,  and  for  deficiencies,  and  for  other 
purposes,"  approved  February  twenty-sixth,  eighteen  hun- 
dred and  eighty-oue,  is  hereby  revived  and  continued  iu 
force. 

Note  1. — Under  the  act  of  Feb.  26,  1881,  the  pensions  are  to  he  paid  over  to  the 
treasurer,  without  deduction  for  fines  or  penalties.  Any  balance  on  discharge  of 
inmate  is  to  be  paid  over  to  him;  in  case  of  death,  to  his  widow,  children,  or  legal 
repre  sen  tati  ves . 

'        ARTIFICIAL   LIMBS,  TRUSSES,  AND   APPLIANCES. 


Sec. 

1176.  Trusses,  to  whom  furnished. 

1177.  Applications  for  trusses. 

1178.  Purchase  of  trusses. 

4787.  Artificial    limbs    to    be    furnished 

every  five  years. 
"4788.  Commutation  rates  in  money  value 

for  limb,  etc. 


Sec. 

4789.  Money  commutation,  how  paid. 

4790.  Commutation  to  persons  who  can 

not  use  artificial  limbs. 

4791 .  Transportation  for  persons  to  whom 

artificial  limbs  are  furnished. 
-    Surgical  appliances. 


Title  14,  chap,  i.     gEc.  1176.  That  every  soldier  of  the  Union  Army,  or 

Tmeses,  to  petty-officer,  seaman,  or  marine  in  the  naval  service,  who 

WMayf28niiCTh2e(s'. was  ruptured  while  in  the  line  of  duty  during  the  late  war 

M  %17<X  l**'*  for  the  suppression  of  the  rebellion,  or  who  shall  be  so  rup- 

p.353  '  tured  thereafter  in  any  war,  shall  be  entitled  to  receive  a 

see  note  i.       single  or  double  truss  of  such  style  as  may  be  designated 

see  sec   1176  ty^6  Surgeon- General  of  the  United  States  Army  as  best 

t  Pensions0'        '  suited  for  such  disability ;  and  whenever  the  said  truss  or 

trusses  so  furnished  shall  become  useless  from  wear,  de- 

See  sec.  1176.  Note  l.—lt  is  left  with  tin-  Surgi-on-General  of  the  Army  to  adopt  one  style  or  dif- 
ferent styles,  keeping  in  view  the  srln-tiim  of  that  which  in  his  judgment  is  best 
adapted  to  the  purpose  for  which  intended.  (Op.,  XIV,  72.  July  30,  1872.) 


ARTIFICIAL    LIMBS,  TRUSSES,  AND    APPLIANCES.  59 

struction,  or  loss,  such  soldier,  petty-officer,  seaman,  or 

marine  shall  be  supplied  with  another  truss  on  making  a  like 

application  as  provided  for  in  section  two  of  the  original 

act  of  which  this  is  an  amendment:  Provided,  That  such 

application  shall  not  be  made  more  than  once  in  two  years 

and  six  months:  And  provided  further,  That  sections  two  tio^IIieilllod  8ec" 

and  three  [sees.  1177  and  1178  K.  S.]  of  the  said  act  of  May  '" 

twenty-eighth,  eighteen  hundred  and  seventy-  two,  shall  be 

construed  so  as  to  apply  to  petty-officers,  seam  en,  and  ma- 

rines of  the  naval  service,  as  well  as  to  soldiers  of  the  Army. 

SEO.  1177.  Application  for  such  truss  shall  be  made  by  t™™e8ication  for 
the  ruptured  soldier,  to  an  examining  surgeon  for  pensions,  rMay828,  1872,  8. 
whose  duty  it  shall  be  to  examine  the  applicant,  and  when2'v<17)p-164- 
found  to  have  a  rupture  or  hernia,  to  prepare  and  forward    Seesec  4787 
to  the  Surgeon-General  an  application  for  such  truss  with- 
out charge  to  the  soldier. 

SEC.  1178.  The  Surgeon-General  is  authorized  and  di-  0J™  *sf?8>   pur- 
rected  to  purchase  the  trusses  required  for  such  soldiers,    M*y  21,  m2,  8. 
at  wholesale  prices,  and  the  cost  of  the  same  shall  be  paid  3)  v<  17'  p>  164- 
upon  the  requisition  of  the  Surgeon-General  out  of  any 
moneys  in  the  Treasury  not  otherwise  appropriated. 

SEC.  4787.  Every  officer,  soldier,  seaman,  and  marine,  Title  57- 
who  was  disabled,  during  the  war  for  the  suppression  of  the  Artificial  limbs, 
rebellion,  in  the  military  or  naval  service,  and  in  the  KneSaiieJfUerVito 
of  duty,  or  in  consequence  of  wounds  received  or  disease  ?e|™  note  2 
contracted  therein,  and  who  was  furnished  by  the  War  see  ns°ame'  sec. 
Department,  since  the  seventeenth  day  of  June,  eighteen  Fuid8^a18o8pen- 
hundred  and  seventy,  with  an  artificial  limb  or  apparatus  sion  Laws  now  in 
for  resection,  or  who  was  entitled  to  receive  such  limb  or  *°see'actofMar. 
apparatus  since  said  date,  shall  be  entitled  to  receive  a  new  3,i89i,  amending 
limb  or  apparatus  at  the  expiration  of  every  five  years  Sg88OTtb^8fl"e" 
thereafter,  under  such  regulations  as  have  been  or  may  bea,nj[ljjnf,ertilis 
prescribed  by  the  Surgeon-General  of  the  Army.  2orAe'G.oP.,  p. 


83. 


The  provisions  of  this  section  shall  apply  to  all  officers,     Persons 


non-commissioned  officers,  enlisted  and  hired  men  of  the    juiy  27,  1868,  s 
land  and  naval  forces  of  the  United  States,  who,  in  the  line 


of  their  duty  as  such,  shall  have  lost  limbs  or  sustained  v.ie.p.  '153  ;  June 

1' 


bodily  injuries  depriving  them  of  the  use  of  any  of 

limbs,  to  be  determined  by  the   Surgeon-General  of  the  v.  19,^/8;'  Feb.' 

Army;  and  the  term  of  five  years  herein  specified  shall  be^.18'7'  v'  19)P' 

held  to  commence  in  each  case  with  the  filing  of  the  appli- 

cation for  the  benefits  of  this  section. 

That  section  forty-seven  hundred  and  eighty-seven  of  the    Mar.  8,  isei. 
Revised  Statutes  of  the  United  States  be  amended  by    26stat.L.,no3. 
striking  out  the  word  "five"  where  it  occurs  therein,  and9J>upp-  K>  SM  p- 
inserting  in  lieu  thereof  the  word  "three"  so  that  when    substitute  tor 
amended  said  section  will  read  as  follows  : 

Every  officer,  soldier,  seaman,  and  marine  who  was  dis-  iJnfbsVtc.*  to 


abled  during  the  war  for  the  suppression  of  the  rebellion,  tonidiea  evwy 
in  the  military  or  naval  service,  and  in  the  line  of  duty,  i 

Note  2.—  Held  by  the  War  Department  that  desertion  does  not  affect  the  rights  of     S^e  .sec.  4787. 
a  person  disabled,  as  this  section  indicates,  to  artificial  limbs  or  apparatus,  and  that 
it  might  be  properly  construed  to  include  the  mechanics  and  laborers  employed  at 
the  arsenals  under  title  XVII,  K.  S.    (Winthrop's  Digest,  122.) 

The  act  of  Aug.  15,  1876,  v.  19,  p.  203,  allows  commutation  for  an  artificial  limb  or 
appliances  every  five  years. 


60    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


t       n 
value  for 


i/  Jmi2e7i78i87o'  or  "l  consenuence  of  wounds  received  or  disease  contracted 

8.1.  "  '  therein,  and  who  was  furnished  by  the  War  Department  since 

WTO*  Jnne8ei872;  ^ne  seventeenth  day  of  June,  eighteen  hundred  and  seventy, 

ss.i^sees'.im!  with  an  artificial  limb  or  apparatus  for  resection,  who  was 

15^876%*!  if  MB  entitled  to  receive  such  limb  or  apparatus  since  said  date, 

act  Feb.'  27,  1877.  shall  be  entitled  to  receive  a  new  limb  or  apparatus  at  the 

expiration  of  every  three  years  thereafter,  under   such 

regulations  as  have  been  or  may  be  prescribed  by  the 

Surgeon-General  of  the  Army. 

^E0'  ^^'  Every  person  entitled  to  the  benefits  of  the 
preceding  section  may,  if  he  so  elects,  receive,  instead  of 
etcr     17  K™     such  limb  or  apparatus,  the  money  value  thereof,  at  the 

June  17,  18/0,  s.  „  ,,         .  -i-n  j_«X    •    -i    i 

i.  sec.  4  7  8  7  following  rates,  namely:  For  artificial  legs,  seventy-  five 
J™ebnd2d7,bi87°7!dollars;  for  arms>  fi%  dollars;  for  feet,  fifty  dollars;  for 
amended  'by  act  apparatus  for  resection,  fifty  dollars. 

Mar.3,1891.June     J 
8,  1872,  s.  1  ;  Aug. 
15,  1876,  s.  1. 
Mar.  3,  1891.  26 

commutation  Artificial  limbs  :  For  furnishing  artificial  limbs  and  ap- 
ihnbs^fc1.,  tVte  paratus,  or  commutation  therefor,  *  *  and  hereafter  in 
paid  to  applicant  ;case  of  commutation  the  money  shall  be  paid  directly  to 

no  fee  to  agents.  ,,  ,  ,  .  .,  .  j  /•  *i- 

K.  s.,  sec?4787,  the  soldier,  sailor,  or  marine,  and  no  fee  or  compensation 
562!p  *$$f'  3'  ch'  shall  be  allowed  or  paid  to  any  agent  or  attorney.  *  * 

SEC-  4789>  Tlie  Surgeon-  General  shall  certify  to  the  Coin- 
missioner  of  Pensions  a  list  of  all  soldiers  who  elect  to 
receive  money  commutation  instead  of  limbs  or  apparatus, 
with  the  amount  due  to  each,  and  the  Commissioner  of 
Pensions  shall  cause  the  same  to  be  paid  to  such  soldiers 
in  the  same  manner  as  pensions  are  paid. 

gEC  4790.  Every  person  in  the  military  or  naval  service 

,,  T      i_     j        •  .-i  e    ^  TIT 

ho  can  not  use  who  lost  a  limb  during  the  war  of  the  rebellion,  or  is 
m^iVS's.  entitled  to  the  benefits  of  section  forty-seven  hundred  and 
3;  June  s'  1372,'  s!  eighty-seven,  but  from  the  nature  of  his  injury  is  not  able 
i87o^,am<mded  t°  uge  an  artificial  limb,  shall  be  entitled  to  the  benefits  of 
by  act  'reb.  27,  section  forty-seven  hundred  and  eighty-eight,  and  shall 
receive  money  commutation  as  therein  provided. 

fo?rane?8onfioto     SEC-  4791'  The  Secretary  of  War  is  authorized  and 

whornperartificiai  directed  to  furnish  to  the  persons  embraced  by  the  pro- 

niThed.  are   fur  visions  of  section  forty-seven  hundred  and  eighty-seven, 

July  28,  1866,  v.  transportation  to  and  from  their  homes  and  the  place  where 

2^,'i876!t2i9,^a8';tQey  may  ^e  re(luire(i  to  go  to  obtain  artificial  limbs  pro- 

AU|.  15,  me,  a.  2,'  vided  for  them  under  authority  of  law.    The  transportation 

27*iw7™?.  ;i9,V.  allowed  for  having  artificial  limbs  fitted  shall  be  furnished 

by  the  Quartermaster-General  of  the  Army,  the  cost  of 

which  shall  be  refunded  from  the  appropriations  for  invalid 

pensions. 


tatn 
pail?.11' 


Money  commu 

tation    to    those 


CEMETERIES—  NATIONAL. 


Sec. 

4877.  Tnclosuret*,  headstones,  etc. 


Sec. 

4878.  Who  may  be    buried  in    national 
cemeteries. 


Title 59,  chap,  o.     SEC.  4877.  In  the  arrangement  of  the  national  cemeteries 
,  established  for  the  burial  of  deceased  soldiers  and  sailors, 
and  tae  Secretary  of  War  is  hereby  directed  to  have  the  same 
inclosed  with  a  good  and  substantial  stone  or  iron  fence  5 


CEMETERIES HYDROGRAPHIC    OFFICE. 


61 


and  to  cause  each  grave  to  be  marked  with  a  small  Lead- 1  v* 
stone  or  block,  which   shall  be  of  durable  stone,  and  of  June  8,1872',  V.IT! 
such  design  and  weight  as  shall  keep  it  in  place  when  set,  fg.^;  i^p!^' 
and  shall  bear  the  name  of  the  soldier  and  the  name  of  his    see  not©  i. 
State  inscribed  thereon,  when  the  same  are  known,  and 
also  with  the  number  of  the  grave  inscribed  thereon,  cor- 
responding with  the  number  opposite  to  the  name  of  the 
party  in  a  register  of  burials  to  be  kept  at  each  cemetery 
and  at  the  office  of  the  Quartermaster-General,  which  shall 
set  forth  the  name,  rank,  company,  regiment,  and  date  of 
death  of  the  officer  or  soldier;  or  if  these  are  unknown,  it 
shall  be  so  recorded. 

SEC.  4878.  All  soldiers,  sailors,  or  marines,  dying  in  the  who  may  be 
service  of  the  United  States,  or  dying  in  a  destitute  OOn-S^S&B?1* 
dition,  after  having  been  honorably  discharged  from  the  j/1^7'  186^: 
service,  or  who  served  during  the  late  war,  either  in  the  junl'i,  i872,'v.  IT! 
regular  or  volunteer  forces,  may  be  buried  in  any  national  Jg 
cemetery  free  of  cost.  The  production  of  the  honorable 
discharge  of  a  deceased  man  shall  be  sufficient  authority 
for  the  superintendent  of  any  cemetery  to  permit  the 
interment. 

HYDROGRAPHIC    OFFICE. 


Sec. 

431.  Establishment  of  office. 
77.  Maps,  charts,  etc. 
77.  Money  received  from  sale. 
686.-  Foreign  hydrographic  surveys. 


Sec. 

3692.  Proceeds  of  sales  of  stores  to  sur- 
veying expeditions. 

Charts,  how  sold. 

Civil  employees. 


SEC.  431.  There  shall  be  a  Hydrographic  Office  attached      Title  10- 
to  the  Bureau  of  Navigation  in  the  Navy  Department,  for  Q Hydrographic 
the  improvement  of  the  means  for  navigating  safely  the    jiuie  21,1866,  a. 
vessels  of  the  Navy  and  of  the  mercantile  marine,  by  pro- lf  Vi  14' p- 69> 
viding,  under  the  authority  of  the  Secretary  of  the  Navy, 
accurate  and  cheap  nautical  charts,  sailing  directions,  navi- 
gators, and  manuals  of  instructions  for  the  use  of  all  ves- 
sels of  the  United  States,  and  for  the  benefit  and  use  of 
navigators  generally. 

SEC.  77.  The  Secretary  of  the  Navy  is  authorized  to  cause  18^ct8  Jan<  12' 
to  be  prepared,  at  the  Hydrographic  Office  attached  to  the  SGI,  issl^isos.  p> 
Bureau  of  Navigation  in  the  Navy  Department,  maps,  etjtap8>  cnart8' 
charts,  and  nautical  books  relating  to  and  required  in  navi- 
gation, and  to  publish  and  furnish  them  to  navigators  at 
the  cost  of  printing  and  paper,  and  to  purchase  the  plates 
and  copyrights  of  such  existing  maps,  charts,  navigators' 
sailing  directions  and  instructions,  as  he  may  consider 
necessary,  and  when  he  may  deem  it  expedient  to  do  so, 
and  under  such  regulations  and  instructions  as  he  may 
prescribe. 

All  moneys  which  may  be  received  from  the  sale  of  maps,    ibid, 
charts,  and  nautical  books  shall  be  returned  by  the  Secre-  0^fvendeyfrom 
tary  of  the  Navy  into  the  Treasury  of  the  United  States,  to         °f  map8' 
be  used  in  the  further  preparation  and  publication  of  maps, 
charts,  navigators'  sailing  directions,  and  instructions  for 


Note  1.—  An  act  approved  Feb.  3, 1879,  chap.  44,  provides  for  headstones  for  soldiers'      20  Stat.  L.,  p. 
graves  in  private  cemeteries.  281- 


62    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


i  nh  dro 


the  use  of  seamen,  to  be  sold  at  the  cost  of  printing  and 
paper. 

SEC.  78.  All  appropriations  made  for  the  preparation 
or  publication  of  foreign  hydrographic  surveys  shall  only 
^e  applicable  to  their  object,  upon  the  approval  by  the 
Secretary  of  the  Navy,  after  a  report  from  three  competent 
naval  officers,  to  the  effect  that  the  original  data  for  pro- 
posed charts  are  such  as  to  justify  their  publication;  and 
it  is  hereby  made  the  duty  of  the  Secretary  of  the  Navy  to 
order  a  board  of  three  naval  officers  to  examine  and  report 
upon  the  data,  before  he  shall  approve  of  any  application 
of  moneys  to  the  preparation  or  publication  of  such  charts 
or  hydrographic  surveys. 

^Rev.  stat.,  P.     gEC>  3592.  All  moneys  received  from    *     *     *     sale  of 
Proceeds  of  materials,  stores,  or  supplies  to  any  exploring  or  surveying 

o^I.'lateHai8'616''  expedition  authorized  by  law,  shall  respectively  revert  to 
May  8,i872,s.5,  that   appropriation    out  of    which   they   were   originally 

J.'iV^s.^V^p.  expended,  and  shall  be  applied  to  the  purposes  for  which 

171;  Apr.  20.  1866,  f;uey  are  appropriated  by  law. 

88.  1.2.V.14,  p.40;  » 

July  28,  1866,  s. 
25.  V.  14,  p.  336; 
June  8,  1872,  v. 
17,  p.  337. 

Feb.  14,  1879.       All  charts  hereafter  furnished  to  mariners  or  others  not 
for  in  the  Government  service  shall  be  paid  for  at  the  cost 
f  P^Per  an(l  printing  paid  by  the  Government. 


Cost 
chFeb8'i4  1879  v 

20,  p.  286;'  May  4,' 
1878,  v.  20,  p.  51. 


LINE  OFFICERS  OF  THE  NAVY. 


1362.  Grades  of  line  officers. 
Change  of  titles. 

1363.  Number  on  the  active  list. 
-   Restriction. 

1364.  When  exceeded. 

1365.  Selection  of   rear-admirals  during 

war. 

1366.  Promotion  of  rear-admirals  during 

peace. 

1367.  Secretaries  to  admiral,  etc. 

Officers  as  secretaries  and   clerks 

afloat. 


Title  15,  chap.  1. 

of  line 


officers. 
See  note  1. 


Mar.  3,  1883,  22 
Stat.,  p.  472. 

See  act  of  June 
26,  1884,  in  rela- 
tion to  graduates 
of  Naval  Acad- 
•  my  to  be  com- 
missioned en- 
signs. 

See  act  Mar.  3, 
1883,  p.  63. 


Sec. 

1434.  Command  of  squadrons,  flag  officer. 

1435.  Assignment     of      lieutenant-com- 

manders. 

1467.  Rank  of  line  officers. 

1468.  Precedence  of  commanding  officers. 

1469.  Aid  or  executive. 

1470.  Rights  of  staff  officers,    senior  to 

aid. 

1472.  Line  officer  as  chief  of  a  bureau. 
1490.  Ensigns  as  steerage  officers. 


gEC.  i3g2.  The  active  list  of  the  line  officers  of  the  Navy 
of  the  United  States  shall  be  divided  into  eleven  grades,  as 
follows,  namely: 

First.  Admiral. 

Second.  Yice-Admiral. 

Third.  Rear-admirals. 

Fourth.  Commodores. 

Fifth.  Captains. 

Sixth.  Commanders. 

Seventh.  Lieutenant-commanders. 

Eighth.  Lieutenants. 

Ninth.  Lieutenants  junior  grade. 

Tenth.  Ensigns. 


Eleventh.  Midshipmen. 

Note  1.— See  sec.  5,  act  of  Juno  29,  1888,  chap.  496,  "An  act  to  prevent  injurious 
deposits  in  New  York  Harbor,  and  so  forth,"  in  relation  to  a  line  officer  of  the  Navy 
to  act  as  supervisor  of  the  harbor.  Title,  Care  of  Public  Property. 


LINE    OFFICERS    OF    THE    NAVY.  63 

Provided  ,  That  vacancies  occurring   in   the   grades   of  v:Jfmirai    ;U1(1 
Admiral  and  Vice-  Admiral  shall  not  be  filled  by  promotion,  cease. 
or  in  any  other  manner;  and  that  when  the  offices  of  saidj  *"  I^GI  1>86|^.J: 
grades  shall  become  vacant,  the  grade  itself  shall  cease  to  Dec.2i,  isS,  s.i,; 

£»Yi«f  v.  13,  p.  420;  July 

6X18t-  25,  1866,  s.  l!v.  14, 

p.  222;  Mar.  2, 
1867,  s.l.v.14,  p. 
516;,  Tan.  24,  1873, 
v.  17,  p.  418. 

The  title  of  master  is  hereby  changed  to  that  of  lieuten-    war.  3,  isss. 
ants,  and  the  masters  now  on  the  list  shall  constitute  a    Titles  of  mas- 
junior  grade  of,  and  be  commissioned  as,  lieutenants, 


ing  the  same  rank  and  pay  as  now  provided  by  law  for    Mar.       ijwa, 

masters,  but  promotion  to  and  from  said  grade  shall  be  by  22  stat>  Li)  472- 

examination  as  provided  by  law  for  promotion  to  and  from 

the  grade  of  master,  and  nothing  herein  contained  shall  be 

so  construed  as  to  increase  the  pay  now  allowed  by  law  to 

any  officer  in  the  line  or  staff;    *     *     *     the  title  of  mid- 

shipman is  hereby  changed  to  that  of  ensign,  and  the  mid- 

shipmen now  on  the  list  shall  constitute  a  junior  grade  of, 

and  be  commissioned  as,  ensigns,  having  the  same  rank  and 

pay  as  now  provided  by  law  for  midshipmen,  but  promo- 

tions to  and  from  said  grade  shall  be  under  the  same 

regulations  and  requirements  as  now  provided  by  law  for 

promotion  to  and  from  the  grade  of  midshipmen,  and  noth- 

ing herein  contained  shall  be  so  construed  as  to  increase 

the  pay  now  allowed  by  law  to  any  officer  of  said  grade  or 

of  any  officer  of  relative  rank. 

SEC.  1363.  There  shall  be  allowed  on  the  active  list  of  the  ™e  is,  chap,  i. 
line  officers  of  the  Navy  one  Admiral,  one  Vice-  Admiral,  six  Number  on  the 
rear-admirals,  ten  commodores,  forty-Jive  captains,  eighty-  acj^y  25*1866,  8. 
five  commanders,  seventy-four  lieutenant-commanders,  two^,  v.  u/p.  222! 
hundred  and  fifty  lieutenants,  seventy-five  masters,  and  sev-  lu^vfje^Msli 
enty-five  ensigns.  |£*  £  *jj^ 

Hereafter  only  one-half  of  the  vacancies  in  the  various   Aug.  5,  isss. 
grades  in  the  line  of  the  Navy  shall  be  filled  by  promotion    Rule  of  prpmo- 
until  such  grades  shall  be  reduced  to  the  following  num-  tio£^£  ?  is^"  22 
bers  [as  in  sec.  1363],  and  thereafter  promotions  to  all  stat.,  P.  286. 
vacancies  shall  be  made  but  not  to  increase  either  of  said 
grades  above  the  number  aforesaid. 

SEC.  1364.  The  provisions  of  the  foregoing  section  [1363  Title  is,  chap,  i. 
and  August  5,  1882]  shall  not  have  the  effect  to  vacate  the    when      ex- 
commission  of  any  lieutenant-  commander,  lieutenant,  mas-  ce,^ay'  25,  isee, 
ter,  or  ensign  appointed  according  to  law,  in  excess  of  the  ^  i,  2,  v!  u,  P! 
respective  number  therein  fixed;  nor  to  preclude  the  ad-  ^v.  1$  pThaJf1 
vancement  of  any  officer  to  a  higher  grade,  for  distinguished    See  Promotion. 
conduct  in  battle,  or  for  extraordinary  heroism,  under  the 
provisions  of  sections  fifteen  hundred  and  six  and  fifteen 
hundred  and  eight. 

SEC.  1365.  During  war  rear-admirals  shall  be  selected    selection  of 

,,  ^  .,  .  .          ,.    .  .    ,     ,  .,  -,     rear-admirals 

from  those  officers  on  the  active  list,  not  below  the  grade  during 
of  commanders,  who  shall  have  eminently  distinguished  7  ^"^ 
themselves  by  courage,  skill,  and  genius  in  their  profession  ; 
but  no  officer  shall  be  so  promoted,  under  this  provision, 
unless,  upon  recommendation  of  the  President  by  name, 
he  has  received  the  thanks  of  Congress  for  distinguished 
service. 


64          LAWS   RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 
Promotion    of     SEC.  1366.  During  peace,  vacancies  in  the  grade  of  rear- 

rear-  admirals       ,      .       ,     ,      ,,    ,        /.n    j    i  /?  ,,       -,•    , 

during  peace,      admiral  shall  be  nlled  by  regular  promotion  ironi  the  list 
7rUi2/,p6l58462>8'°f  Commodores,  subject  to  examination  according  to  law. 

'  See  Promotion; 
also  act  Aug.  5, 
1882. 

May  4,  1878.        on  an(j  after  the  first  day  of  July,  eighteen  hundred  and 

Secretaries  to  seventy-eight,  there  shall  be  no  appointments  made  from 

vice"  Adn^Lfi  on  c^v^  ^e  °f  secretaries  or  clerks  to  the  Admiral  or  Vice- 

sea  service.        Admiral,  when  on  sea  service,  commanders  of  squadrons, 

joJJSof1  18?8  V  or  °f  clerks  to  commanders  of  vessels;  and  an  officer  not 

the^unioT^ad^  a^ove  ^ne  Sra(ie  °f  lieutenant  shall  be  detailed  to  perform 

Mar."ni883?  ""  e"  the  duties  of  secretary  to  the  Admiral  or  Vice-  Admiral, 

when  on  sea  service,  and  one  not  above  the  grade  of  lieuten- 

ant of  the  junior  grade  to  perform  the  duties  of  clerk  to  a 

rear  admiral  or  commander,  and  one  not  above  the  grade  of 

ensign  to  perform  the  duties  of  clerk  to  a  captain,  com- 

mander, or  lieutenant-commander  when  afloat.     *     *     * 

Title  is,  chap.  2.     SEC.  1434.  The  President  may  select  any  officer  not  be- 

Command  of  low  the  grade  of  commander  on  the  active  list  of  the  Navy, 

8(IDec^2i,8i86i,  s.  and  assign  him  to  the  command  of  a  squadron,  with  the 

4,  v.  12,  p.'329.      rank  and  title  of  "  flag-officer;7'  and  any  officer  so  assigned 

shall  have  the  same  authority  and  receive  the  same  obedi- 

ence from  the  commanders  of  ships  in  his  squadron,  hold- 

ing commissions  of  an  older  date  than  his,  that  he  would 

be  entitled  to  receive  if  his  commission  were  the  oldest. 


SEC.  1435.  Lieutenant-commanders  may  be  assigned  to 
how  assignable.  '  duty  as  first  lieutenants  of  naval  stations,  as  navigation 
3,  \.  yi2,  'p.8  Is!  I  and  watch  officers  on  board  of  vessels  of  war,  and  as  first 
Juiy25,i866,8.  5,  lieutenants  of  vessels  not  commanded  by  lieutenant- 

v.  14,  p.  223.  J 

commanders. 

Title  is,  chap.  4.      SEC.  1467.  Line  officers  shall  take  rank  in  each  grade 
Bank,  see  same  according  to  the  dates  of  their  commissions. 

sec.  Rank  and 
Precedence. 
July  16,  1862,  s.l, 
v.  12,  p.  583;  Apr. 
21,  1864,  s.  7,  v.  13, 
p.  54;  Jan.  24, 
1865,  s.  1,  v.  13,  p. 
424. 

officSreof  vedsinig  S]EC'  1468<  Commanding  officers  of  vessels  of  war  and  of 
andTtationt886  8  naval  stations  shall  take  precedence  over  all  officers  placed 
12^*16  3p  537'  8'  un(^er  their  command. 

Aid  or  execu-  SEC.  1469.  The  Secretary  of  the  Navy  may,  in  his  discre- 
taMarffi3?i87],  ».  tion,  detail  a  line  officer  to  act  as  the  aid  or  executive  of 
12,  v.  ib,  p.  537.'  the  commanding  officer  of  a  vessel  of  war  or  naval  station, 
which  officer  shall,  when  not  impracticable,  be  next  in  rank 
to  said  commanding  officer.  Such  aid  or  executive  shall, 
while  executing  the  orders  of  the  commanding  officer  on 
board  the  vessel  or  at  the  station,  take  precedence  over  all 
officers  attached  to  the  vessel  or  station.  All  orders  of 
such  aid  or  executive  shall  be  regarded  as  proceeding  from 
the  commanding  officer,  and  the  aid  or  executive  shall  have 
no  independent  authority  in  consequence  of  such  detail. 

oflfcew*8  °f  8taff  SEO<  14:70'  St?lff  officers>  senior  to  the  officers  so  detailed, 
°  Mai-%,  i87i,  H.  shall  have  the  right  to  communicate  directly  with  the  com- 
12,  v.  le,  p.  537.  manding  officer. 


LINE    OFFICERS  —  MATES  -  MEDICAL    CORPS.  65 


SEC.  1472.  When  the  office  of  Chief  of  Bureau  is  filled 
by  a  line  officer  below  the  rank  of  commodore,  said  officer  nao, 
shall  have  the  relative  rank  of  commodore  during  the  time  12^f 
he  holds  said  office. 

That  the  distinctive  badge  adopted  by  the  Regular  Army  Jf 
and  Navy  Union  of  the  United  States  may  be  worn,  in  their  supp.  '  R'.'  s.,' 
own  right,  upon  all  public  occasions  of  ceremony  by  pffi-  18A"?my'33a'n<i 
cers  and  enlisted  men  of  the  Army  and  Navy  of  the  United  Navy  officers 
States  who  are  members  of  said  organization.  !ary/r  m  y  S 

Navy    Union 
MATES.  baEfsi,  sec.  1227. 

Sec.  I  Sec. 

1408.  Seamen  may  be  rated  as  mates.          \  1556.  Pay  of  mates. 

1409.  Eating  shall  not  discharge  from  en-  | 

listment. 

SEC.  1408.  Mates  may  be  rated,  under  authority  of  the™*15'*1"*1' 
Secretary  of  the  Navy,  from  seamen  and  ordinary  seamen  seamenmaybe 
who  have  enlisted  in  the  naval  service  for  not  less  than  two  sSnLSe  ?* 

May  17,  1864,  s. 
3,v.l3,p,79;Mar. 
3,  1865,  s.  3,  v.  13, 
p.  539.  See  note  2. 

SEC.  1409.  The  rating  of  an  enlisted  man  as  a  mate,  or  no^a*ifgch8ahrag1^ 
his  appointment  as  a  warrant  officer,  shall  not  discharge  from  enlistment. 
him  from  his  enlistment. 

SEC.  1556.    *     *    *    Mates,  when  at  sea,  nine  hundred  Title  is,  chap.  8. 
dollars;  on  shore  duty,  seven  hundred  dollars;  on  leave,  or 
waiting  orders,  five  hundred  dollars.  3,  v.  ie, 

That  the  law  regulating  the  retirement  of  warrant  offi-    Aus-  1> 
cers  in  the  Navy  shall  be  construed  to  apply  to  the  twenty- 


eight  officers  now  serving  as  mates  in  the  Navy,  and  the  95,  p. 
said  mates  shall  be  entitled  to  receive  annual  pay  at  the  reMraJjf  8  amay  ^ 
rates  following:  When  at  sea,  one  thousand  two  hundred  rautomcers.  See 
dollars;  on  shore  duty,  nine  hundred  dollars;  on  leave  orJJSJ; 
waiting  orders,  seven  hundred  dollars: 


sees.  1408,  1409. 
Pay. 
R.  S.,  sec.  1556. 

Provided,  however,  That  nothing  herein  contained  shall  ^£3 
be  so  construed  as  to  authorize  any  increase  of  pay  for  any  this  act. 
time  prior  to  the  passage  of  this  Act. 

MEDICAL  CORPS. 


Sec. 
426.  Chief  of  Bureau. 

Medical  Corps,  number  of. 

1369.  Appointments  in,  how  made. 

1370.  Appointment  of  assistant  surgeons. 

1371.  Appointment  of  surgeons. 

1372.  Rank  of  assistant  surgeon  in  case 

of  delayed  examination, 

1373.  Surgeon  of  the  fleet. 


Sec. 

1375.  Details  of  medical  officers  to  Bureau 

of  Medicine  and  Surgery. 
1411.  Acting  assistant  surgeons. 
1471.  Rant  and  title  of  Chief  of  Bureau. 

1473.  Rank  when  retired. 

1474.  Rank  of  medical  officers. 

1481.  Retired  from  age  or  length  of  serv- 
ice, rank. 


1374.  Duties  of  surgeon  of  the  fleet.  1556.  Pay. 

SEC.  426.  The  chief  of  the  Bureau  of  Medicine  and  Surgery Title  10- 


shall  be  appointed  from  the  list  of  the  surgeons  of  the  Navy.  reC|jief  of  Bu- 

See  title  Rank  and  Precedence,  sec.  1471.    July  5,  1862,  s.  1,' v.  12,  p.  510. 

Note  1.— Mates  are  petty  officers.    See  160  TJ.  S.,  593. 

Note  2 .— See  Op.,  XI.  p.  251,  June  20,  1865,  defining  the  status  of  mates  and  acting 
master's  mates.  Not  warrant  officers. 

Note  S.— The  law  on  this  subject  is  found  in  Revised  Statutes,  sees.  1405, 1406, 1443- 
1465 ;  1491,  1882,  Aug.  5,  ch.  391,  par,  4  (1  Supp.  R.  S.,  377) ;  1883,  Mar.  3,  ch.  97,  par.  5 
(1  Supp.  R.S.,  401). 

376 5 


66    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Aug.  5, 1882.      That  the  active  list  of  the  Medical  Corps  of  the  Navy 
Medical  corps;  shall  consist  of  fifteen  medical  directors,  fifty  surgeons, 
"seeYiSe  Rank  an(l  ninety  assistant  and  passed  assistant  surgeons. 

and  Precedence, 
sec.1474.  22Stat. 
L.,285;  19  A.  G. 
Op.,  p.  169. 

Appointments     gEC>  13(39.  ^11  appointments  in  the  Medical  Corps  shall 

in,  now  made.       ,  -i       -i        j-i  •->•••  -i        -.i-i      ji  -i     • 

Apr.  21, 1806,  s.  be  made  by  the  President,  by  and  with  the  advice  and 
81  ATOPiMSM,  a.  consent  of  the  Senate. 

5,  v.  3,  p.  125; 
May  24, 1828,8.3, 
v.  4,  p.  313.  See 
notes  under  sec. 
1378,  Pay  Corps. 

Appointment  gEC.  1370.  No  person  shall  be  appointed  assistant  sur- 
geons918 1  u  geon  until  he  has  been  examined  and  approved  by  a  board 
i  M4y  ^sis828' 8'  °f  naval  surgeons,  designated  by  the  Secretary  of  the 

'Marp3,  im,  8.  Navy;  nor  who  is  under  twenty-one  or  over  twenty-six 
5,  v.  i6,  p.  536.  years  Of  age. 

Appointment     SEC.  1371.  No  person  shall  be  appointed  surgeon  until  he 

°  Mayg24,T828,  s.  has  served  as  an  assistant  surgeon  at  least  two  years,  on 

lf seenote1! '      board  a  public  vessel  of  the  United  States  at  sea,  nor  until 

he  has  been  examined  and  approved  for  such  appointment, 

by  a  board  of  naval  surgeons,  designated  by  the  Secretary 

of  the  Navy. 

an^Brr^eons'lii     ^ECt  1372.  When  any  assistant  surgeon  was  absent  from 

case  8ofgde?ayed  the  United  States,  on  duty,  at  the  time  when  others  of  his 

6XMaJ-n kiss's  s  ^a^e  were  examined,  he  shall,  if  not  rejected  at  a  subse- 

i,  v.  4%.  757.  ' 8'  queut  examination,  be  entitled  to  the  same  rank  with  them ; 

and  if,  from  any  cause,  his  relative  rank  cannot  be  assigned 

to  him,  he  shall  retain  his  original  position  on  the  register. 

Feb.  13. 1897.        Be  it  enacted,  etc.,  That  passed  assistant  surgeons  (2)  now 

29stat.L.,526.  borne  upon  the  Navy  Register  shall  be  commissioned  as 

7  pTS  K's"voL  sucl1  by  the  President, 

'Navy! 

Passed  assist- 
ant surgeons  to 
Decommissioned. 

sucn  commissions  to  bear  the  dates  upon  which  said 
passed  assistant  surgeons,  respectively,  received  their 
appointments  as  such ; 

on  and  hereafter  assistant  surgeons  shall  be  regularly  pro- 
moted and  commissioned  as  passed  assistant  surgeons,  and 
passed  assistant  surgeons  as  surgeons,  subject  to  such 
examinations  as  may  be  prescribed  by  the  Secretary  of  the 
Navy: 

Examinations  Provided,  however.  That  no  examination  of  passed  assist- 
p*oneTarllyp°8t  ant  surgeons  shall  be  ordered  until  the  expiration  of  six 

Note  1.— The  custom  and  practice  of  the  Navy  Department  requiring  compcti(i\  n 
examination  of  assistant  surgeons,  and  assigning  them  positions  on  the  Navy  lie-is 
ter  in  the  order  of  relative  merit  as  ascertained  and  reported  by  the  board  of  exam- 
iners authorized  by  existing  law  and  regulations,  is  not,  under  the  present  law, 
correct. 

Having  passed  the  necessary  examination  for  promotion,  the  claim  of  *  *  to 
be  promoted  according  to  seniority  is,  in  my  opinion,  well  founded.  (Op.,  Feb.  25, 
1881,  Ames  Ca«e;  Gen.  Order  282.) 

Note  2.— 1882,  Aug.  5,  ch.  391,  par.  3  (1  Supp.  R.  S.,376),  is  a  substitute  for  R.  S., 
§  1368,  fixing  the  rank  and  number  of  the  active  list  of  the  medical  corps  of  the  Navy. 

R.  S.,  §§  1369-1375,  prescribes  their  appointment,  promotion,  and  duties  r  R.  S., 
§  1474,  their  relative  rank,  and  R.  S.,  §  1556,  their  pay. 

See  also  1896,  June  3,  ch.  313,  §  12,  ante,  p.  497,  as  to'  their  right  to  puactice  medicine 
in  the  District  of  Columbia. 


MEDICAL    CORPS    OF    THE    NAVY.  67 

months  from  the  passage  of  this  act,  during  which  time 
promotions  shall  be  made  as  now  provided  by  law. 

SEC.  1373.  The  President  may  designate  among  the  sur-    surgeon  of  the 
geons  in  the  service,  and  appoint  to  every  fleet  or  squadron  lleMay  24, 1828,  B. 
an  experienced  and  intelligent  surgeon,  who  shall  be  denom- 2- v- 4-  P-  313- 
inated  "  surgeon  of  the  fleet,"  and  shall  be  surgeon  of  the 
flag-ship. 

SEC.  1374.  The  surgeon  of  the  fleet  shall,  in  addition  to  re^j^th°ef  8tir' 
his  duties  as  surgeon  of  the  flag-ship,  examine  and  approve  eeSa&.  24,T828,es.' 
all  requisitions  for  medical  and  hospital  stores  for  the  squad- 2)  v- 4)  p- 313- 
ron  or  fleet,  and  inspect  their  quality.     He  shall,  in  difficult 
cases,  consult  with  the  surgeons  of  the  several  ships,  and 
he  shall  make,  and  transmit  to  the  Navy  Department,  rec- 
ords of  the  character  and  treatment  of  diseases  in  the  squad- 
ron or  fleet. 

SEC.  1375.  A  surgeon,  assistant  surgeon,  or  passed  assist- .  :9et^il  of  med- 

vT     j    j_    -i     i  •    ±.  /IT-*  -ical  omcerto  Bu- 

ant  surgeon,  may  be  detailed  as  assistant  to  the  Bureau  of  reau  as  assistant. 
Medicine  and  Surgery,  who  shall  receive  the  highest  shore-  i8f  v!yi26>  J86587' 
vait  of  his  (trade.  Feb.  27, '1377,  v! 

19,  p.  244. 
See  note  3. 

SEC.  1411.  The  Secretary  of  the  Navy  may  appoint,  for  Acting  assist- 
temporary  service,  such  acting  assistant  surgeons  as  the  anju8iyr^D mo, 
exigencies  of  the  service  may  require,  in  case  of  ivar  °*%jMar  Vis'e?'334' 
who  shall  receive  the  compensation  of  assistant  surgeons,  v.  13',  P.' 539-' Feb 

15, 1879,  a.  2!  v.  20,' 
p.  295. 

SEC.  1471.  The  chief  of  the  Bureau  of  Medicine  and  Sur-  Title  15,  chap.  4. 
gery  *  *  *  shall  have  the  relative  rank  of  commodore  nank  and  title 
while  holding  said  position,  and  shall  have  *  *  *  the  J^1"6*1  Ol  Bu' 
title  of  Surgeon-General.  *  *  *  reMar.  3, 1371, 8. 

12,  v.  16,  p.  537. 

SEC.  1473.  Officers  who  have  been  or  who  shall  be  retired    Retired  from 
from  the  position  of  chief  of  the  Bureau  of  Medicine  andSfsSS^01 
Surgery,    *    *    *    by  rea'sou  of  age  or  length  of  service,    Idem- 
shall  have  the  relative  rank  of  commodore. 

SEC.  1474.  Officers  of  the  Medical  Corps  on  the  active  Relative  rank 
list  of  the  Navy  shall  have  relative  rank  as  follows :  SwTsS? sa°me 

Medical  directors,  the  relative  rank  of  captain.  go.  ^'dKank  ,,and 

Medical  inspectors,  the  relative  rank  of  commander.          Mar.TTsVi,  8. 

Surgeons,  the  relative  rank  of  lieutenant-commander  or 5>  v<  16>  P-  535> 
lieutenant. 

Passed  assistant  surgeons,  the  relative  rank  of  lieutenant    Lieutenant  of 

«r  m  ci  «f  Ar  tne  Junior  grade. 

or  master.  (Act  of  M|rch3) 

Assistant  surgeons,  the  relative  rank    of   master    orisss.) 
ensign. 

SEC.   1481.  Officers  of  the  Medical     *     *      *      Corps    Retiredforage 
*     *     *     who  shall  have  served  faithfully  for  forty-five  Tee  ength°f8erv" 
years,  shall,  when  retired,  have  the  relative  rank  of  com-    Mar.  3,i87i,  8. 
modore ;  and    *     *     *     who  have  been  or  shall  be  retired 
at  the  age  of  sixty-two  years,  before  having  served  for 
forty-five  years,  but  who  shall  have  served  faithfully  until 
retired,  shall,  on  the  completion  of  forty  years  from  their 
entry  into  the  service,  have  the  relative  rank  of  commodore. 

NoteS.— By  the  act  of  Feb.  27,  1877,  section  1375  was  to  have  the  same  effect  aa 
though  the  amendment  (in  italics)  had  been  enacted  therein. 


68    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Title  is,  chap.s.     gEC.    1550.  Fleet- surgeons,     *     *     *     ,    four   thousand 

four  hundred  dollars. 

Pay  of  fleet     Medical  directors,  medical  inspectors,     *     *     *     ,  Avhen 
^ffiSai direct- on  duty  at  sea,  four  thousand  four  hundred  dollars, 
ors  and  inspect-     When  not  at  sea,  the  same  as  surgeons  and  paymasters, 

respectively. 

Surgeons.  Surgeons,    *     *     *     ,  during  the  first  five  years  after 

s.^iG^pp87^!),'  date  of  commission,  when  at  sea,  two  thousand  eight  hun- 
33i^Mar.3,i87i;d.red  dollars;  on  shore  duty,  two  thousand  four  hundred 
535%3bT MaVp?,'  dollars;  on  leave,  or  waiting  orders,  two  thousand  dollars; 
555^' 8<  *'  Vi  17>  p'  during  the  second  five  years  after  such  date,  when  at  sea, 
three  thousand  two  hundred  dollars;  011  shore  duty,  two 
thousand  eight  hundred  dollars;  on  leave,  or  waiting  orders, 
two  thousand  four  hundred  dollars;  during  the  third  five 
years  after  such  date,  when  at  sea,  three  thousand  live 
hundred  dollars;  on  shore  duty,  three  thousand  two  hun- 
dred dollars;  on  leave,  or  waiting  orders,  two  thousand  six 
hundred  dollars;  during  the  fourth  five  years  after  such 
date,  when  at  sea,  three  thousand  seven  hundred  dollars; 
on  shore  duty,  three  thousand  six  hundred  dollars;  on 
leave,  or  waiting  orders,  two  thousand  eight  hundred 
dollars;  after  twenty  years  from  such  date,  when  at  sea, 
four  thousand  two  hundred  dollars;  on  shore  duty,  four 
thousand  dollars;  on  leave,  or  waiting  orders,  three  thou- 
sand dollars. 

Passed  assist-  Passed  assistant  surgeons,  *  *  *  ,  during  the  first 
anseeuoie "!'  nve  years  after  date  of  appointment,  when  at  sea,  two 
thousand  dollars ;  on  shore  duty,  one  thousand  eight  hun- 
dred dollars ;  on  leave,  or  waiting  orders,  one  thousand  five 
hundred  dollars;  after  five  years  from  such  date,  when  at 
sea,  two  thousand  two  hundred  dollars ;  011  shore  duty,  two 
thousand  dollars ;  on  leave,  or  waiting  orders,  one  thousand 
seven  hundred  dollars. 

Assistant  sur-  Assistant  surgeons,  *  *  *  ,  during  the  first  five 
years  after  date  of  appointment,  when  at  sea,  one  thousand 
seven  hundred  dollars;  on  shore  duty,  one  thousand  four 
hundred  dollars;  on  leave,  or  waiting  orders,  one  thousand 
dollars ;  on  leave,  or  waiting  ordery  one  thousand  five  hun- 
dred dollars;  after  five  years  from  such  date,  when  at  sea, 
one  thousand  nine  hundred  dollars;  on  shore  duty,  one 
thousand  six  hundred  dollars ;  on  leave,  or  waiting  orders, 
one  thousand  two  hundred  dollars. 

^Bistant^ur-     Assistant  surgeons  of  three  years7  service,   who  have 
forpr emotion.6  been  found  qualified  for  promotion  by  a  medical  board  of 

examiners,  the  pay  of  passed  assistant  surgeons, 
supp.  R.S..VOI.     That  such  surgeons  in  the  Navy  not  in  line  of  promotion 
2> Surgeons  spo-  as  may  have  been  appointed  to  that  position  in  accordance 
etc^iSs^Mar  w^  a  special  act  of  Congress  for  meritorious  services  dur- 
3,  ch.  97,  par.  sTi  ing  yellow  fever  epidemics  shall  have  all  the  benefits  of 
supp.  K.  §.,  4oi).  their  previous  service  in  the  same  manner  as  if  said  appoint- 
ments were  a  reentry  into  the  Navy. 

Note  4. — The  words  "after  date  of  appointment,"  and  "from  such  date,"  sec.  1556, 
fixing  the  annual  pay  of  passed  assistant  surgeons  of  the  Navy,  refer  not  to  the 
original  entry  of  the  officer  into  the  service  as  an  assistant  surgeon,  but  to  the 
notification  by  the  Secretary  of  the  Navy  that  he  lias  passed  his  examination  for 
promotion  to  the  grade  of  surgeon,  and  will  thereafter,  until  such  promotion,  be 
considered  as  a  passed  assistant  surgeon.  A  passed  assistant  surgeoncy  is  an  office, 
and  the  notification  of  the  Secretary  of  the  Navy  ia  a  valid  appointment  to  it. 
(United  States  v.  Moore,  Otto,  95,  760.) 


MEDICAL    CORPS  -  NAUTICAL    ALMANAC.  69 


SEC.  12.  That  this  act  shall  not  apply  to  commissioned  ofT, 
surgeons  of  the  United  States  Army,  Navy,  or  Marine-  n]«te  the  p 
Hospital  Service,  nor  to  regularly  licensed  physicians  aiid^^ 
surgeons  in  actual  consultation  from  other  States  or  Terri-inthe 
tories,  nor  to  regularly  licensed  physicians  and  surgeons  j^J^aJ1  j^ge'  e*> 
actually  called  from  other  States  or  Territories  to  attend  «P^««*K*<»»<»* 
specified  cases  in  the  District  of  Columbia,  nor  to  the  treat-    Snp^t  s.,voi. 
ment  of  any  case  of  actual  emergency,  nor  to  the  practice  2<  f^JJ-  tiong 
of  massage  or  the  so-called  Swedish  movement  cure,  nor  to 
the  use  of  ordinary  domestic  remedies  without  fee,  gift,  or 
consideration  of  any  kind. 

That  such  surgeons  in  the  Navy  not  in  line  of  promotion  June  10>  1896- 
as  may  have  been  appointed  to  that  position  in  accordance    29  stat.  L.,36i. 
with  a  special  act  of  Congress  for  meritorious  services  dur-  2  surgeo^spe- 
ing  yellow  fever  epidemics  shall  have  all  the  benefits  of  "gjjy  appointed. 
their  previous  service  in  the  same  manner  as  if  said  appoint- 
ments were  a  reentry  into  the  Navy. 


NAUTICAL   ALMANAC. 


Sec. 

436.  Superintendent,  pay  of. 

Printing  and  sale. 


Sec. 

Civil  employes. 


SEC.  436.  The  Secretary  of  the  Navy  may  place  the  super-       Title  10- 
vision  of  the  Nautical  Almanac  in  charge  of  any  officer  or  Superintendent, 
professor  of  mathematics  in  the  Navy  who  is  competent  for  pa^f'3)  1857,3, 
that  service.     Such  officer  or  professor,  when  so  employ ed,v.n, p. 2k 
shall  be  entitled  to  receive  the  shore-duty  pay  of  his  grade, 
and  no  other. 

Of  the  Bphemeris   and  Nautical  Almanac  and  of  the  Jan- 12?  *895- 
papers  supplementary  thereto,  one  thousand  five  hundred    ^auticai    AI- 
copies;  one  hundred  copies  for  the  Senate,  four  hundred™pah^Jecrig  and 
for  the  House,  and  one  thousand  for  distribution  or  sale  by 
the  Navy  Department.     The  five  hundred  copies  printed  for 
Congress,  and  the  usual  number  shall  be  for  the  calendar 
year  next  following,  and  those  for  the  Navy  Department  for 
the  third  year  following.    The  Secretary  of  the  Navy  is 
also  authorized  to  cause  additional  copies  of  the  Ephem- 
eris,  and  of  the  Nautical  Almanacs  extracted  therefrom,  to 
be  printed  for  the  public  service  and  for  sale  to  naviga- 
tors and  others :  Provided,  That  all  moneys  received  from    Proviso. 
sales  of  the  Ephemeris  and  of  the  Nautical  Almanacs  shall 
be  deposited  in  the  Treasury  and  placed  to  the  credit  of 
the  general  fund  for  public  printing. 


70          LAWS    RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 


NAVAL  ACADEMY— NAVAL  CADETS. 


Sec. 

1483.  Rank  of  graduates  of  flu-  Academy. 

1511.  Where  established. 

1512.  Title  of  students. 

ir>i:!.   Number  of  naval  cadets. 
Act  July  26,  1894.  Nomination  of  candi- 
dates. 

1515.  Examination  of  candidates. 

1516.  Second  recommendation. 

1517.  qualifications. 

Traveling  expenses. 

1518.  Appropriations,  how  applied. 

1519.  Naval  cadets  found  deficient. 

1520.  Academic  course. 


Sec. 

1521.  Promotion  to  midshipmen. 

1522.  Naval  constructors  and  steam  engi- 

neers. 
-    Special  course. 

1526.  Studiesnottobepursuedon  Sunday. 

1527.  Storekeeper  at  the  Academy. 

1528.  Professors  of  ethics,  Spanish,  and 

drawing. 

1556.  Pay  of  cadets,  etc. 
1577.  Rations. 

Prevention  of  hazing. 

Board  of  Visitors. 

Pay  of  civil  officers. 


Title  15. 


aval 


Rank  of 
ates     of 
Academy. 

May  23, 1872,  s. 
1,  v.  17,  p.  153. 

See  note  1. 


SEC.  1483.  Graduates  of  the  Naval  Academy  shall  take 
u*-  rank  according;  to  their  proficiency  as  shown  by  their  order 
merjt  a^  the  date  of  graduation. 


Title  is,  chap.  5.      gEc.  1511.  The  Naval  Academy  shall  be  established  at 
Where   estab-  Annapolis,  in  the  State  of  Maryland. 

lished. 

May  11,  1864,  s. 
4,  v.  13,  p.  85. 

March  2,  1889.     That  the  Academic  Board  of  the  Naval  Academy  shall 

25  stat.,  L.  878.  on  or  before  the  thirtieth  day  of  September  in  each  year 

(ffleSSS.'  R<  S''  P'  separate  the  first  class  of  naval  cadets  then  commencing 

Naval  Acad-  their  fourth  year  into  two  divisions,  as  they  may  have 

enSdets  of  first  shown  special  aptitude  for  the  duties  of  the  respective 

Cear8aMi^e?tocorP8>  *n  ^ie  proportion  which  the  aggregate  number  of 

two  'separate  di-  vacancies  occurring  iii  the  preceding  fiscal  year  ending  on 

the  thirtieth  day  of  June  in  the  lowest  grades  of  coinmis- 

i528S"8ec8'1511~  sioned  officers  of  the  line  of  the  Navy  and  Marine  Corps  of 

see  note  2.       the  Navy  shall  bear  to  the  number  of  vacancies  to  be  sup- 

schoois,  title/  no  plied  from  the  Academy  occurring  during  the  same  period 

see  vessels  of  in  the  lowest  grade  of  commissioned  officers  of  the  engineer 

vtonNiavy'   Di"  corps  of  the  Navy  ; 

Line  and  Ma      And  the  cadets  so  assigned  to  the  line  and  Marine  Corps 

ston  andenghieer  division  of  the  first  class  shall  thereafter  pursue  a  course 

division.  of  study  arranged  to  fit  them  for  service  in  the  line  of  the 

Navy,  and  the  cadets  so  assigned  to  the  Engineer  Corps 

division  of  the  first  class  shall  thereafter  pursue  a  sepa- 

rate course  of  study  arranged  to  fit  them  for  service  in 

the  Engineer  Corps  of  the  Navy,  and  the  cadets  shall 

thereafter,  and  until  final  graduation,  at  the  end  of  their 

six  years7  course,  take  rank  by  merit  with  those  in  the  same 

division,  according  to  the  merit  marks; 

And.  ^TOm  *ue  niia^  graduates  of  the  line  and  Marine 
Corps  division  at  the  end  of  their  six  years'  course,  appoint- 


Note  1.—  The  positions  given  the  midshipmen  on  their  final  examination  (sees.  1483 
and  1521)  can  not  be  disturbed.  (See  Ops.,  XI,  p.  158;  XV,  p.  637;  XVI,  p.  296; 
Court  of  Claims,  X,  p.  474;  Op.  Aug.  12,  1881. 

See  act  Mar.  2,     Note  2.—  Other  statutes  relating  to  the  Naval  Academy  are  as  follows  :  1874,  Feb.  24, 
89.  ch.  35,  sec.  2,  course  of  study  for  engineers;   1874,  June  22,  ch.  392,  sec.  3,  repeal  of 

appointment  of  cadet  engineers;  1874,  June  23,  ch.  453,  punishment  of  hazing;  1877, 
Mar.  3,  ch.  Ill,  pay  of  cadets?  1878,  June  17,  ch.  260,  number  of  cadets  appointed; 
1879,  Feb.  14,  ch.  68,  par.  2,  Board  of  Visitors;  1882,  Aug.  5.  ch.  391,  pars.  1,  2.  name, 
appointment,  study,  and  discharge  of  naval  cadets  regulated  ;  1884,  June  2ii.  ch.  1'J'J. 
graduates  to  bo  commissioned  ensigns;  1886,  May  20,  ch.  362,  nature  and  effect  <  if  alco- 
holic drinka  to  be  studied;  18H6,  Aug.  4,  ch.  903,  par.  2,  no  intoxicating  liquors  to  be 
furnished  Board  of  Visitors  at  (ioverninent  expense. 


NAVAL  ACADEMY NAVAL  CADETS.  71 

ments  shall  be  made  hereafter  as  it  shall  be  necessary  to  39^nf-rY88|7c6h' 
fill  vacancies  in  the  lowest  grades  of  commissioned  officers    juPne'  26p'i884, 
of  the  line  of  the  Navy  and  Marine  Corps ;  and  the  vacancies  ch<  122»  P-  446> 
in  the  lowest  grades  of  the  commissioned  officers  of  the 
Engineer  Corps  of  the  Navy  shall  be  filled  in  like  manner 
by  appointments  from  the  final  graduates  of  the  Engineer 
division  at  the  end  of  their  six  years'  course: 

Provided.  That  no  greater  number  of  appointments  into  Vi^JIJ>*iJ|Jexceed 
the  said  lowest  grades  of  commissioned  officers  shall  beIndatoi3inorS£r 
made  each  year  than  shall  equal  the  number  of  vacancies  ot  merit- 
which  shall  have  occurred  in  the  same  grades  during  the 
fiscal  year  then  current;  such  appointments  to  be  made 
from  the  final  graduates  of  the  year,  in  the  order  of  merit 
as  determined  by  the  Academic  Board  of  the  Naval  Acad- 
emy, the  assignment  to  be  made  by  the  Secretary  of  the 
Navy  upon  the  recommendation  of  the  Academic  Board  at 
the  conclusion  of  the  fiscal  year  then  current; 

But  nothing  contained  herein  or  in  the  naval  appropria-    Reduction   of 
tion  act  of  August  fifth,  eighteen  hundred  aud  eighty- two,  aF 
shall  reduce  the  number  of  appointments  of  final  graduates 
at  the  end  of  their  six  years  course  below  twelve  in  each 
year  to  the  line  of  the  Navy,  and  not  less  than  two  shall  be 
appointed  annually  to  the  Engineer  Corps  of  the  Navy,  nor 
less  than  one  annually  to  the  Marine  Corps;  and  if  the 
number  of  vacancies  in  the  lowest  grades  aforesaid,  occur- 
ring in  any  year  shall  be  greater  than  the  number  of  final 
graduates  of  that  year,  the  surplus  vacancies  shall  be  filled  oijilling  vacan 
from  the  final  graduates  of  following  years,  as  they  shall0" 
become  available. 

SEC.  1512.  [Superseded  by  act  of  August  5, 1882,  as  fol-   Aug<  5>  1882> 
lows:]  Provided,  That  hereafter  there  shall  be  no  appoint-    22  stat.  L.,  234. 
ments  of  cadet-midshipmen  or  cadet- engineers  at  the  Naval  de™e  c 
Academy,  but  in  lieu  thereof  naval  cadets  shall  be  appointed 
from  each  Congressional  district  and  at  large,  as  now  pro- 
vided by  law  for  cadet-midshipmen,  and  all  the  undergrad- 
uates at  the  Naval  Academy  shall  hereafter  be  designated 
and  called  "  naval  cadets ; "  and  from  those  who  successfully 
complete  the  six  years'  course  appointments  shall  hereafter  of  cadet-mid- 
be. made  as  it  is  necessary  to  fill  vacancies  in  the  lower Sadlt-Sgineere. 
grades  of  the  line  and  Engineer  Corps  of  the  Navy  and  of  ^s.,  sees.  1512- 
the  Marine  Corps :  And  provided  further,  That  no  greater    Feb.  24,  1374, 
number  of  appointments  into  these  grades  shall  be  made  chj^  P-  *7  1878 
each  year  than  shall  equal  the  number  of  vacancies  which  ch. 200, p.  m. 
has  occurred  in  the  same  grades  during  the  preceding  year;    June  26  1884 
such  appointments  to  be  made  from  the  graduates  of  the  <*•  122,  p.  446. 
year,  at  the  conclusion  of  their  six  years'  course,  in  the   Mar.2,i889,ch. 
order  of  merit,  as  determined  by  the  academic  board  of  ^agdnote,546; 
the  Naval  Academy ;  the  assignment  to  the  various  corps  116  ij.  s.','474|  483.' 
to  be  made  by  the  Secretary  of  the  Navy  upon  the  recom- 
mendation  of  the  academic  board.     But  nothing  herein  con- 
tained shall  reduce  the  number  of  appointments  from  such 
graduates  below  ten  in  each  year,  nor  deprive  of  such 
appointment  any  graduate  who  may  complete  the  six  years' 
course  during  the  year  eighteen  hundred  and  eighty-two. 
And  if  there  be  a  surplus  of  graduates,  those  who  do  not 
receive  such  appointment  shall  be  given  a  certificate  of 


72    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

graduation,  an  honorable  discharge,  and  one  year's  sea-pay, 
as  now  provided  by  law  for  cadet-midshipmen ;  and  so  much 
of  section  fifteen  hundred  and  twenty-one  of  the  Revised 
Statutes  as  is  inconsistent  herewith  is  hereby  repealed. 

That  any  cadet  whose  position  in  his  class  entitles  him  to 

be  retained  in  the  service  may,  upon  his  own  application, 

be  honorably  discharged  at  the  end  of  four  years'  course  at 

the  Naval  Academy,  with  a  proper  certificate  of  graduation. 

Number  of  na-     SEC.  1513.  There  shall  be  allowed  at  said  Academy  one 

vaMa!?e2t8i867,  s.  naval  cadet  for  every  Member  or  Delegate  of  the  House  of 

fniv  15'  firo**7'  KePr.esentatives,  one  for  the  District  of  Columbia,  and  ten 

12!  v.  is,  p!  334*:'  appointed  annually  at  large :  Provided,  however.  That  there 

*o"ie 17i4387l'ug'  snaU  n°t  be  at  auy  time  more  in  said  Academy  appointed 

5,i882,'22stat.L.i  at  large  than  ten. 

p.  285. 
See  note  3. 

July  26, 1894.      That  section  fifteen  hundred  and  fourteen,  chapter  five, 
Naval  Acad- title  fifteen  of  the  Revised  Statutes  of  the  United  States, 
em/V          f    is  hereby  amended  so  that  it  shall  hereafter  read: 
R  s",  sic  15U         The  Secretary  of  the  Navy  shall,  as  soon  after  the  fifth 
a  nulyi28p  58?'  °^  ^arcn  i11  each  year  as  possible,  notify  in  writing  each 
'Naval  Acad-  Member  and  Delegate  of  the  House  of  Representatives  of 
vacancy °tice  °f  anv  vacancy  that  may  exist  in  his  district. 
Nominations,     The  nomination  of  a  candidate  to  fill  said  vacancy  shall 
be  made  upon  the  recommendation  of  the  Member  or  Dele- 
gate, if  such  recommendation  is  made  by  the  first  day  of 
July  of  that  year; 

Appointment     but  if  it  is  not  made  by  that  time,  the  Secretary  of  the 
Met  wfc«n  va-  Navy  shall  fill  the  vacancy  by  appointment  of  an  actual 
cancy  exists,      resident  of  the  district  in  which  the  vacancy  exists,  who 
shall  have  been  for  at  least  two  years  immediately  preced- 
ing the  date  of  his  appointment  an  actual  and  bona  fide 
resident  of  the  district  in  which  the  vacancy  exists  and  of 
the  legal  qualification  under  the  law  as  now  provided, 
f  Car>drdadCt     ^e  can(lidate  allowed  for  the  District  of  Columbia,  and 
ilrge.  a  all  the  candidates  appointed  at  large,  shall  be  selected  by 

the  President. 

Feb.  12, 1895.      That  every  Representative  or  Delegate  in   Congress, 
Naval  Acad- whose  district  or  Territory  is  now  not  represented  at  the 
°  Appointment  of  ^aval  Academy  by  a  cadet  who  was  an  actual  resident  of 
cadets  from  dis-  such  district  or  Territory  at  the  time  of  his  appointment, 
sented.not  *****  shall  be  permitted  and  authorized  to  recommend  a  candi- 
date for  appointment  as  cadet  at  the  Naval  Academy  of 
the  United  States,  said  recommendation  to  be  made  on  or 
before  the  fourth  day  of  March,  eighteen  hundred   and 
ninety- five,  and  the  Secretary  of  the  Navy  shall  nominate 
such  cadet  so  recommended  for  appointment  to  said  Acad- 
emy, subject  to  the  qualifications  now  prescribed  by  law. 
Such  cadets,  when  so  appointed,  shall  be  in  addition  to  the 
cadets  now  allowed  by  law,  and  the  sum  of  money  appro- 
priated by  the  Act  entitled  "An  Act  making  appropria- 

Note  S.—A  joint  resolution,  approved  July  25,  1868,  v.  15,  p.  261,  authorizes  tin- 
Secretary  of  the  Navy  to  receive  for  instruction  at  the  Naval  Academy  not  exceed- 
ing six  persons,  to  be  designated  by  the  Government  of  the  Empire  of  Japan,  pro- 
vided that  no  expense  shall  thereby  accrue  to  the  United  States:  and  that  the 
Secretary  of  the  Navy  may,  in  the  case  of  the  said  persons,  modify  or  dispense  \\ith 
any  provisions  of  the  rules  and  regulations  of  the  said  Academy  which  circum- 
stances may,  in  hie  opinion,  render  necessary  or  desirable. 


NAVAL  ACADEMY  -  NAVAL  CADETS.  73 


tions  for  the  naval  service  for  the  fiscal  year  ending  June  ^^  2d  8®J!J- 
thirtieth,  eighteen  hundred  and  ninety-five,  and  for  other 
purposes,"  approved  July  twenty-sixth,  eighteen  hundred 
and  ninety-four,  is  hereby  made  available,  and  shall  be    Appropriation 
applied  to  carry  into  effect  this  law. 

SEC.  1515.  All  candidates  for  admission  into  the  Acad-  canJXt"ttion°f 
einy  shall  be  examined  according  to  such  regulations  and    Jniju.iMM; 
at  such  stated  times  as  the  Secretary  of  the  Navy  may  ^prli  }?'  fieJ8^ 
prescribe.    Candidates  rejected  at  such  examination  shall  5,  y.i4,  P.  38.' 
not  have  the  privilege  of  another  examination  for  admis- 
sion to  the  same  class,  unless  recommended  by  the  board 
of  examiners. 

SEC.  1516.  When  any  candidate  who  has  been  nominated    Se<jond  recom- 

.,  -i     y.  /»        T»/r        i  -r^-i  »T       mendation. 

upon  the  recommendation  01  a  Member  or  Delegate  or  the    July  ie,  1862,  a. 
House  of  Representatives  is  found,  upon  examination,  to  j*;^  \}\$Q  58855; 
be  physically  or  mentally  disqualified  for  admission,  the  v.  14,  p.  as. 
Member  or  Delegate  shall  be  notified  to  recommend  another 
candidate,  who  shall  be  examined  according  to  the  pro- 
visions of  the  preceding  section. 

SEC.  1517.   Candidates   allowed  for   congressional    dis-    S^^SSg18- 
tricts,  for  Territories,  and  for  the  District  of  Columbia  must  9,  vu  yi2,  'P.  565  1 
be  actual  residents  of  the  districts  or  Territories,  respec-  J^J  ^  186|858; 
tively,  from  which  they  are  nominated.    And  all  candidates  ApJii  i,  im,  s.  2, 
must,  at  the  time  of  their  examination  for  admission,  be  ^g^ote  5. 
between  the  ages  of  fourteen  and   eighteen  years,   and 
physically  sound,  well  formed,  and  of  robust  constitution. 

SEC.  2.  That  after  the  fourth  day  of  March,  eighteen    Mar.  2,  isso. 
hundred  and  eighty-nine,  the  minimum  age  of  admission    Minimum  age 
of  cadets  to  the  Academy  shall  be  fifteen  years  and  the  ^ar^nd^SLd5 
maximum  age  twenty  years.  mum  20. 

R.  S.  sec.  1517. 

SEC.  1518.  No  money  appropriated  for  the  support  of  the  htwpa^itedtiOM' 
Naval  Academy  shall  be  applied  to  the  support  of  any    see  note  e. 
naval  cadet  appointed  otherwise  than  in  strict  conformauce  i  ^5^5'  jf^f! 
with  the  provisions  of  this  chapter.  £ugv51  188Jk  ^ 

Stilt.  Jj.»  p.  J85. 


SEC.  1519.  Naval  cadets  found  deficient  at  any  examina- 
tion  shall  not  be  continued  at  the  Academy  or  in  the      t. 
service  unless  upon  the  recommendation  of  the  academic  11J  vlyi26'p865858' 
board.  Aug.  5,  isoz,  22 

Stat.  L.,  p.  285. 
See  note  7. 

Note  4.—  Section  1515  is  to  be  read  as  if  the  dates  fixed  by  the  regulations  of  the 
Academy  for  the  examination  of  candidates  for  admission  were  inserted  therein  ; 
and  hence  by  the  existing  law  the  season  for  recommendations  and  nominations  of 
naval  cadets  begins  after  the  5th  of  March  and  expires  on  the  22d  of  September  in 
each  year.  (Op.,  XVI,  p.  621.)  This  opinion  was  given  in  the  case  of  a  Member 
whose  candidates,  sent  down  in  June  and  September,  failed,  and  he  wished  to  send 
another  in  January  following.  It  was  held  that  no  nomination  could  be  made  until 
after  the  5th  of  March. 

Note  5.  —  A  candidate  under  fourteen  or  over  eighteen  years  of  age  is  not  between 
the  two  ages,  and  can  not  bo  appointed.  (Op.,  X,  p.  315,  "July  29,  1862.  For  further 
discussion  of  the  subject  of  appointments  see  Op.,  X,  pp.  46,  495  ;  Op.,  XVI,  p.  621.) 

Note  6.  —  The  naval  appropriation  act  of  March  8,  1883,  provides  for  the  actual  and  See  traveling 
necessary  traveling  expenses  of  naval  cadets  while  proceeding  from  their  homes  to  expenses,  title 
the  Naval  Academy  for  examination  and  appointment  as  caval  cadets.  Such  ex-  Pay  and  Allow- 
penses  are  not  allowc  d  to  those  not  appointed.  ances. 

Note  7.  —  Under  section  1519  the  Secretary  of  the  Navy  has  no  right  to  continue  at 
the  Academy  cadets  found  at  any  examination  deficient  in  their  studies,  without  the 
recommendation  of  the  Academic  Board.  (Op.,  XV,  p.  634.) 

By  statutory  definition,  cadets  are  not  to  be  included,  in  general,  in  legislation 
confined  to  "officers"  of  the  Navy.  (Idem.) 

Cadets,  after  the  four  years'  course,  are  not  entirely  emancipated  from  probation- 
ary study  ;  they  are  students  at  sea.  (Op.,  XVI,  p.  296.) 


74          LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 
Academic     gEc.  1520.  The  academic  course  of  naval  cadet*  shall  be 

course. 

Mar.  3,i873,s.  six  years. 

1,   v.    17,    p.   555; 
Aug.   5,  1882,   22 
Stat.  L.,  p.  285. 
See  note  8. 

mhir°hi10men  to  ^EC*  -^1.  When  cadet  midshipmen  shall  have  passed 
mjaiypSrai87o.  successfully  the  graduating  examination  at  the  Academy, 
8'  seeVnitep9  334'  they  sliall  receive  appointments  as  midshipmen  and  shall 

se<>  sec.  1512,  take  rank  according  to  their  proficiency  as  shown  by  the 
secdi483e  under  order  °f  their  merit  at  date  of  graduation. 

June  ae,  1884.       That  from  and  after  the  passage  of  this  act  all  graduates 

23  stat.  L.,  BO.  of  the  Naval  Academy  who  are  assigned  to  the  line  of  the 
446Upp'  R<  S>)  p*  Navy,  on  the  successful  completion  of  the  six  years  course, 

Graduates  of  shall  be  comiuissioiied  ensigns  in  the  Navy. 

Naval  Academy 
to  be  ensigns. 

R.  S.,  seed.  1362, 
1521.  See  title 
Hank  and  Prece- 
dence, sec.  1466. 
Aug.  5,  1882,  ch, 
391,  pars.  1,  2; 
Mar.  2,  1889,  ch. 
396,  and  note. 

Grade  of  jun-     That  the  grade  of  junior  ensign  in  the  Navy  is  hereby 

ior    ensigns     ,      ,.    ,       ,      &,   ,         .     J.  fe  ,       ,.*T,       ,      ,,    ,  J 

abolished.          abolished  and  the  junior  ensigns  now  on  the  list  shall  be 

97Mpar  Vp84bib'  commissioned  ensigns  in  the  Navy  :  Provided,  That  nothing 

in  this  act  shall  be  so  construed  as  to  increase  the  number 

of  officers  in  the  Navy  now  allowed  by  law. 

Repeal.  That  all  acts  and  parts  of  acts  inconsistent  with  the  pro- 

visions of  this  act  be  and  the  same  are  hereby  repealed. 
July  26,  1894.       Provided  further,  That  in  order  to  fill  vacancies  that  may 
-  exist  in  the  grade  of  ensign  in  the  Navy  and  in  the  grade  of 


, 
ign  and  assist-  assistant  engineer  in  the  Navy,  the  Secretary  of  the  Navy 

des5,1  h  o°w  shall,  in  casethenumberof  vacancies  in  either  of  such  grades 
exceeds  the  number  of  naval  cadets  in  the  line  division  or 
in  the  engineer  division  of  the  class  of  naval  cadets  finally 
graduated  in  the  year  eighteen  hundred  and  ninety-four,  or 
in  any  one  year  thereafter,  select  a  number  equal  to  such 
excess  from  the  final  graduates  of  said  class  in  the  engi- 
neer division  or  in  the  line  division,  as  the  case  may  require, 
who  shall  be  reported  as  proficient  and  be  recommended 
thereto  by  the  Academic  Board,  and  such  final  graduates 
shall  be  appointed  to  fill  vacancies  in  the  grade  of  ensign 
in  the  Navy  or  in  the  grade  of  assistant  engineer  in  the 
Navy,  respectively, 

t<?raukPI>°intee8  an(^  *Qe  naval  cadets  so  appointed  to  fill  vacancies  in  such 
grades  shall  take  rank  in  those  respective  grades  next  after 
the  naval  cadets  appointed  from  the  line  division  or  from 
the  engineer  division,  as  the  case  may  be,  to  fill  vacancies 
in  those  grades,  but  among  themselves  according  to  merit 
as  determined  by  the  Academic  Board.  *  *  * 

Note  8.—  Fnder  the  act  of  July  4,  1864,  a.  5,  v.  13,  p.  393,  the  academic  course  of 
cadet  engineers  was  two  years,  and  by  the  act  of  3  Mar.,  1873,  s.  1.  \  .  17,  p.  555 
the  coarse  of  instruction  was  made  four  years,  including  "two  years  of  ser\  ire  in 
naval  steamers,  in  addition  to  the  period'  at  the  Naval  Academy  now  provided  by 
law."  An  act  approved  Feb.  24,  1874,  n.  2,  v.  18,  p.  17,  provided  that  after  the  30th 
of  June,  1874,  the  course  of  instruction  at  the  Naval  Academy  for  cadet  engineers 
should  be  four  years,  instead  of  two,  the  provision  to  first  apply  to  the  <l:iss  of 
cadet  engineers  entering  the  Academy  in  the  year  1874,  and  to  all  subsequent  classes. 

Note  9.  —  This  section  has  been  entirely  altered  by  the  act  of  August  5,  1882,  as 
given  in  section  1512  above,  and  the  act  of  Mar.  3,  1883,  under  "Line  officers," 
changing  the  title  of  midshipman  to  that  of  ensign. 


NAVAL    ACADEMY  -  NAVAL    CADETS.  75 

SEC.  1522.   The  Secretary  of  the  Navy  is  authorized  to    constructors 

.      •  i  i      j  *  •  -i      vT        T    •  /»  i  A      llllU.    8T6JII11    CTlgl- 

make  provision,  by  regulations  issued  by  him,  tor  educat-  neers. 
ing  at  the  Naval  Academy,  as  naval  constructors  or  steam  j  Jj^jj  J2?1  s' 
engineers,  such  midshipmen  and  others  as  may  show  a  'see  note  10. 
peculiar  aptitude  therefor.     He  may,  for  this  purpose,  form  .«  |  J  ®  a  *  Vi»! 
a  separate  class  at  the  Academy,  to  be  styled  cadet  engi-  jtructors, 
ueers,  or  otherwise  afford  to  such  persons  all  proper  facil- 
ities for  such  a  scientific  mechanical  education  as  will  fit 
them  for  said  professions. 

That  any  cadet  whose  position  in  his  class  entitles  him    Aug.  s, 
to  be  retained  in  the  service  may,  upon  his  own  application,    when  cadets 


sec. 


be  honorably  discharged  at  the  end  of  four  years'  course  at^/ 

the  Naval  Academy,  with  a  proper  certificate  of  gradu-  with  certificate 

.  or  graduation. 

ation. 

That  the  Secretary  of  the  Navy  may  prescribe  a  special  Of  JSSJ  may  rbe 
course  of  study  and  training  at  home  or  abroad  for  anyprescribed- 
naval  cadet. 

That  so  much  of  the  act  entitled  "An  act  to  authorize39faj-23'188|^- 
the  Secretary  of  the  Navy  to  provide  for  the  education  ofn.s.i874-i89i,p'. 
naval  constructors  and  steam-engineers,  and  for  other  pur-  69cadet-engi- 
poses,  approved  July  fourth,  eighteen  hundred  and  sixty-  neers,  not  to  be 
four,"  as  provides  that  cadet-engineers,  not  to  exceed  fifty  aiR°sn,  s.  1523. 
in  number,  shall  be  appointed  by  the  Secretary  of  the  Navy,  ch183754'B  ^-4  24) 
is  hereby  repealed.  issi  Aug.'s,  eh. 

391,  par.  1,  p.  376. 
See  note  11. 

And  every  naval  cadet  or  cadet  engineer  who  has  here-    Mar-  8>  1893- 
tofore  graduated  or  may  hereafter  graduate  from  the  Naval    27  stat.  L.,  715. 
Academy,  and  who  has  been  or  may  hereafter  be  commis-  1892-1895',  P.  iso.'1 
sioned,  within  six  months  after  such  graduation,  an  officer    Naval 
in  the  Navy  or  Marine  Corps  of  the  United  States,  u 
the  laws  appointing  such  graduate  to  the  Isavy  or  Marine  six  months,  to  be 
Corps,  shall  be  allowed  the  pay  of  the  grade  in  which  he?aandkfr01 
maybe  so  commissioned  from  the  date  he  takes  rank  as  ^  s-«  secs-  1521« 
stated  in  his  commission  to  the  date  of  qualification  and   Aug.  5,  1882,  ch. 
acceptance  of  his  commission:  iu^E^sTV1 

June  '26,'  1884, 
ch.  122  (1  Supp, 
U.S.,  446;. 

Mar.  2,  1889,  ch. 

396  (1  Supp.  E. 
S.,  696). 

See  note  12. 

SEC.  1526.  The  Secretary  of  the  Navy  shall  arrange  the  Title  is,  chap.  4. 
course  of  studies  and  the  order  of  recitations  at  the  Naval    studies  not  to 
Academy  so  that  the  students  in  said  institution  shall  not^unpday  8U 
be  required  to  pursue  their  studies  on  Sunday.  2iJ^i61p38i9°'8' 

SEC.  1527.  The  store-keeper  at  the  Naval  Academy  shall 
be  detailed  from  the  Paymaster's  Corps,  and  shall  have  4  ^  2,  i 
authority,  with  the  approval  of  the  Secretary  of  the  Navy,  Aug.  5,  1862' 
to  procure  clothing  and  other  necessaries  for  the  naval 

Note  10.—  While  so  much  of  this  section  as  authorized  the  formation  of  a  class  lo  be 
styled  cadet  engineers  is  in  effect  repealed  by  the  act  of  Aug.  5,  1882,  sec.  1512, 
there  still  seems  to  be  authority  left  to  educate  at  the  Academy  persons  for  con- 
structors at  least. 

Note  ll.—TliQ  provisions  of  1864,  ch.  252,  herein  referred  to,  are  incorporated  into 
Revised  Statutes,  sec.  1527. 

Note  12.—  A  similar  provision  relative  to  graduates  of  the  Military  Academy  is 
made  by  1886,  Dec.  20,  ch.  2  (1  Supp.  R.  S.,  517).  The  laws  relating  to  the  commission 
of  naval  cadets  are  referred  to  in  the  margin.  The  laws  relating  to  the  Naval  Acad- 
emy are  reviewed  in  a  note  to  1889,  Mar.  2,  ch.  396  (1  Supp.  K.  S.,  696). 


76          LAWS   RELATING   TO   THE    NAVY,  MARINE    CORPS,  ETC. 

cadets  in  the  same  manner  as  supplies  are  furnished  to  the 
Navy,  to  be  issued  under  such  regulations  as  may  be  pre- 
scribed by  the  Secretary  of  the  Navy. 
Professors    of     gEC<  1528.  Three   professors  of   mathematics   shall  be 

ethics,    Spanish,  ,    ,        .,  ,  -y        „          ,     .          ..  . 

ana  drawing.      assigned  to  duty  at  the  Naval  Academy,  one  as  professor 
s.val.p1^864'  s'  °f  ethics  and  English  studies,  one  as  professor  of  the  Span- 
'  see  note  is.      ish  language,  and  one  as  professor  of  drawing. 

See  also  note 
same  section,  ti- 
tle Professors  of 
Mathematics. 

Title  is,  chap.  8.  gEC  1556  *  *  *  <jadet  midshipmen,  five  hundred 
muisni  men  JMlet  dollars.  During  such  period  of  their  course  of  instruction  as 
m  July?™  mo,  s.  they  shall  be  at  sea  in  other  than  practice-ships,  not  exceeding 
MaT'.  Mrf  v8  1°9,:  nine  hundred  and  fifty  dollars. 

p.  390;  July'iei 
1862,  8.  15,  v.  12, 
p.  586. 

Aug.  s,  1882.       That  the  pay  of  naval  cadets  shall  be  that  now  allowed 
Pay  of  naval  by  law  to  cadet  midshipmen. 

Aug.  5,  1882. 
See  note  14. 

Title  is.  chap,  s.     SBC.  1577.  Midshipmen  and  naval  cadets  in  the  Navy 
nations.          shall  be  entitled  to  one  ration,  or  to  commutation  therefor. 

July  28,  1866,  s. 
8,  v.  14,  p.  322; 
Feb.  28,  1867,  8.  2, 
v.  14.  p.  416;  Aug. 
5,  1882,  P.  E.,  p. 
285.  See  note  15. 

June  as,  1874.      jn  a]j  cases  when  it  shall  come  to  the  knowledge  of  the 

Hazing  at  Na-  superintendent  of  the  Naval  Academy,  at  Annapolis,  that 

emy'     any  naval  cadet  has  been  guilty  of  the  offense  commonly 

known  as  hazing,  it  shall  be  the  duty  of  said  superintend- 

offenders  to  be  ent  to  order  a  court-martial,  composed  of  not  less  than  three 

court-martialed,  commissioned  officers,  who  shall  minutely  examine  into  all 

the  facts  and  circumstances  of  the  case  and  make  a  finding 

Cadet  found  thereon;  and  any  naval  cadet  found  guilty  of  said  offense 

missed?0       '""  by  said  court  shall,  upon  recommendation  of  said  court  be 

inS?  ^eft™™r  (^sm*sse(^  an(^  SUC^  finding?  when  approved  by  said  super- 

appomtment.  re  intendent,  shall  be  final;  and  the  cadet  so  dismissed  from 

IB    nonif'l87M'  sai(l  Naval  Academy  shall  be  forever  ineligible  to  reappoint- 

IB,  p.  Mo  ;  ./VUg.  o,  » 

1882,  B.  i.  ment  to  said  Naval  Academy. 


See  note  16. 


Note  18.  —  The  three  professors  of  mathematics  for  duty  at  the  Naval  Academy 
(ethics  and  English,  Spanish,  and  drawing)  should  be  commissioned  as  professors 
of  mathematics,  under  this  section,  after  passing  the  examination  required  by  act 
of  January  21,  1881.  (Op.  May  18,  1881,  McVeagh.) 

Note  14.—  Cadet  engineers  who  complete  the  six  years'  course,  pass  successfully, 
and  are  subsequently  commissioned  assistant  engineers,  to  fill  vacancies,  are  entitled 
to  the  pay  of  the  latter  grade  from  the  date  they  take  rank  therein,  when  subsequent 
to  the  vacancies  they  are  appointed  to  fill.  The  words  "any  officer  of  the  Navy," 
act  June  22,  1874,  chap.  392,  sec.  1,  comprehend  cadet  engineers.  They  are  officers 
within  the  meaning  of  sections  1557  and  1558,  and  of  a  class  subject  to  examination, 
sec.  1562.  The  signification  of  the  word  "officer,"  art.  36,  sec.  1624,  as  given  in  Op., 
XV,  p.  635,  has  reference  to  the  sense  in  which  that  word  is  used  in  said  article, 
between  which  and  the  statutory  provisions  herein  cited  there  is  no  connection.  (Op. 
Apr.  10,  1882,  Jirewster.) 

Note  15.  —  Although  the  title  of  midshipman  has  been  abolished  or  merged  in  that 
of  ensign,  constituting  a  junior  grade  thereof,  the  latter  continue  entitled  to  a  ration. 

Note  16.  —  Finding  approved  by  the  superintendent  final.  Secretary  of  the  Navy 
no  power  to  review  it—  he  can  only  proceed  to  execute  the  sentence.  (Taft,  Bealo's 
Case,  Nov.  20,  1876  [not  printed].)  Designed  to  cut  off  a  cadet  found  guilty  <>t  1  li«- 
offense,  and  sentence  approved  by  superintendent,  from  all  chance  of  reinstatement 
or  reappointment.  Must  seek  relief  from  Congress.  Advises  against  pardon.  (Op., 
XV,  Mar.  15,  1876,  p.  80.) 

When  found  guilty  of  hazing,  the  court  must  recommend  dismissal,  instead  of 


NAVAL  ACADEMY CADETS NAVAL  CONSTRUCTORS. 


77 


That  the  Secretary  of  the  Navy  shall  have  power  to  coil-    Mar.  2, 
vene  general  courts-martial  for  the  trial  of  naval  cadets,    28  stat.  L.,  825. 
subject  to  the  same  limitations  and  conditions  now  existing  fo?catiet8martial 
as  to  other  general  courts-martial,  and  to  approve  the  pro-    R.  s.,  MO,  1024, 
ceedings  and  execute  the  sentences  of  such  courts,  except  art8i  36)  53> 
the  sentences  of  suspension  and  dismissal,  which,  after 
having  been  approved  by  the  superintendent,  shall  not  be 
carried  into  effect  until  confirmed  by  the  President: 

There  shall  be  appointed  every  year,  in  the  following  Feb.  14,  1879. 
manner,  a  Board  of  Visitors,  to  attend  the  annual  exaini-  ~V.  20, 
nation  of  the  Academy:  Seven  persons  shall  be  appointed 
by  the  President,  and  two  Senators  and  three  Members 
the  House  of  Eepresentatives  shall  be  designated  as  vis- 
itors by  the  Vice-President  or  President  pro  tempore  of  the 
Senate  and  the  Speaker  of  the  House  of  Eepresentatives, 
respectively,  at  the  session  of  Congress  next  preceding  such 
examination.    Each  member  of  said  board  shall  receive  not 
exceeding  eight  cents  per  mile  traveled  by  the  most  direct 
route  from  his  residence  to  Annapolis,  and  eight  cents  per 
mile  for  each  mile  from  said  place  to  his  residence  on 
returning. 


of  7 


NAVAL   CONSTRUCTORS. 


Sec. 

425.  Chief  of  Bureau. 
1402.  Number  and  appointment. 
1404.  Duty. 
1471.  Chief  Constructor. 


Sec. 

1477.  Rank. 

1481 .  Rank  on  retirement. 

1522.  Education  of,  at  Academy. 

1556.  Pay. 


Title  10- 


of  Bu- 


SEC.  425.  The  Chief  of  the  Bureau  of  Construction  and 
Eepair  shall  be  appointed  from  the  list  of  officers  of  the 
Navy,  not  below  the  grade  of  commander,  and  shall  be  a    July  5, 1862,  s. 
skillful  naval  constructor. 


1( 


See  sec.  148laa 
to  the  rank  of  con- 
structors when 
retired  from  age 
or  length  of  ser- 
vice. 


SEC.  1402.  The  President,  by  and  with  the  advice  and  Title  15,  c 
consent  of  the  Senate,  may  appoint  naval  constructors,  who    Number,    ap- 
shall  have  rank  and  pay  as  officers  of  the  Navy. 


7,  v.  14,  p.  223; 
Mar.  3,  1871,  $.  9, 
v.  16,  p.  536. 

See  notes  under 
sec.  1378,  Pay 
Corps. 

SEC.  1404.  Naval  constructors  may  be  required  to  perform    g"^  1 
duty  at  any  navy-yard  o   other  station.  2,^5^.794.  '  8' 

SEC.  1471.  The  Chief  f  the  Bureau  of  *  *  *  Con-  Title  is,  chap.4. 
struction  and  Eepair  slu  I  have  the  relative  rank  of  com-  chief  construct- 
modore  while  holding  said  position,  and  shall  have  the  or^ar  g  1871  g 
title  *  *  *  of  Chief  Constructor.  i2,vari6,'p.5378' 


sentencing  to  be  dismissed.     (Cases  of  Garrett  and  others,  sentences  set  aside  by 
Secretary  of  the  Navy,  June  9, 1877. 0.  L.  B.,  p.  8.) 

Art.  36,  sec.  1624,  does  not  extend  to  cadets  at  the  Naval  Academy.  They  may  be 
dismissed  for  misconduct  without  trial  by  court-martial.  For  hazing  they  must  be 
tried.  (Op.,  XV,  p.  634,  J  uly  10, 1877.) 


78          LAWS    RELATING   TO   THE    NAVY,  MARINE   CORPS,  ETC. 

Mar.  3,  1893.       And  any  Naval  Constructor  having  the  rank  of  Captain, 

27  stat.L.,  715.  Commander  or  Lieutenant  Commander  shall  be  eligible  as 

?892-fg95  *?.  i3o.  Chief  of  the  Bureau  of  Construction  and  Repair.    *    *    * 

Naval  Construct- 
ors eligible  as 
Chief  of  Bureau 
of  Construction 
and  Repair.  R. 
S.,  sees.  419-421, 

Rank.  SEC.  1477.  Of  the  naval  constructors,  two  shall  have  the 

9,v.\1fp353671se8e  relative  rank  of  captain,  three  of  commander,  and  all  others 
s'ame'sec..  Rank  that  of  lieutenant-commander  or  lieutenant.    *     *     * 

and  Precedence. 

SEC.  1481.  *  Constructors  who  shall  have  served 


mMar.3,  1871,  s.  faithfully  for  forty-five  years,  shall,  when  retired,  have  the 

11,  v,  16,  p.  537.  relative  rank  of  commodore;  and  *  *  *  who  have 
been  or  shall  be  retired  at  the  age  of  sixty-two  years,  before 
having  served  for  forty-five  years,  but  who  shall  have 
served  faithfully  until  retired,  shall,  on  the  completion  of 
forty  years  from  their  entry  into  the  service,  have  the 
relative  rank  of  commodore. 

Title  is,  chap.  5.  SEC.  1522.  The  Secretary  of  the  Navy  is  authorized  to 
Education  at  make  provision,  by  regulations  issued  by  him,  for  educating 
the  ^aval  Academy,  as  naval  constructors  *  *  * 
393';  such  naval  cadets  and  others  as  may  show  a  peculiar  apti- 
de  therefor.  He  may,  for  this  purpose,  form  a  separate 

Academy,  ae  c.  class  at  the  academy,  *  *  *  or  otherwise  afford  to  such 
persons  all  proper  facilities  for  such  a  scientific  mechanical 
education  as  will  fit  them  for  said  profession. 

Title  is,  chap,  s.  $Ea  1556>  *  *  *  Naval  constructors,  during  the  first 
Pay.  five  years  after  date  of  appointment,  when  on  duty,  three 

f  8'  thousand  two  hundred  dollars;  on  leave,  or  waiting  orders, 
two  thousand  two  hundred  dollars;  during  the  second  five 
years  after  such  date,  when  on  duty,  three  thousand  four 
hundred  dollars  ;  on  leave,  or  waiting  orders,  two  thousand 
four  hundred  dollars  ;  during  the  third  five  years  after  such 
date,  when  on  duty,  three  thousand  seven  hundred  dollars  ; 
on  leave,  or  waiting  orders,  two  thousand  seven  hundred 
dollars;  during  the  fourth  five  years  after  such  date,  when 
on  duty,  four  thousand  dollars;  on  leave,  or  waiting  orders, 
three  thousand  dollars;  after  twenty  years  from  such  date, 
when  on  duty,  four  thousand  two  hundred  dollars;  on 
leave,  or  waiting  orders,  three  thousand  two  hundred 
dollars. 

ASSISTANT  NAVAL   CONSTRUCTORS. 


Sec. 

1403.  Appointment  of. 


Sec. 
1556.  Pay. 


1477.  Rank. 

SEC.   1403.   Cadet-engineers  who    are  graduated   with 

con8tiSctorafval  cre(lit  in  the  scientific  and  mechanical  class  of  the  Naval 

July  4,  1864,  s.  Academy  may,  upon  the  recommendation  of  the  academic 

sec'.1  i522,39|favS  board,  be  immediately  appointed  as  assistant  naval  con- 

Constructors. 


Ma?k3,  1871,  s.     SEC-  1477-    *     *     *     Assistant  naval  constructors  shall 
9,v.i6,'p.536.  see  have  the  relative  rank  of  lieutenant  or  master. 

same  sec.,  Rank 

and  Precedence.    Lieutenant  of  the  junior  grade. 


NAVAL   CONSTRUCTORS — OBSERVATORY STOREKEEPERS.       79 

SEC.  1556.    *     *     *     Assistant  naval  constructors,  dur-  Title  is, chap,  s. 
ing  the  first  four  years  after  date  of  appointment,  when  on    Pay. 
duty,  two  thousand  dollars;  on  leave,  or  waiting  orders,  3 ^ull ,p%!jl!0' 8> 
one  thousand  five  hundred  dollars;  during  the  second  four 
years  after  such  date,  when  on  duty,  two  thousand  two 
hundred  dollars ;  on  leave,  or  waiting  orders,  one  thousand 
seven  hundred  dollars ;  after  eight  years  from  such  date, 
when  on  duty,  two  thousand  six  hundred  dollars;  on  leave, 
or  waiting  orders,  one  thousand  nine  hundred  dollars. 

NAVAL    OBSERVATORY. 


Sec. 

434.  Pay  of  superintendent. 

435.  Meridians  adopted. 


Sec. 


Assistant  astronomers  and  clerk. 
Purchase  of  new  site. 


1401.  Professors'  duties. 

SEC.  434.  The  officer  of  the  Navy  employed  as  superin-  _     ltle  10i 
tendeut  of  the  Naval  Observatory  at  Washington  shall  be 


entitled  to  receive  the  shore  duty  pay  of  his  grade,  and  no    Ma3,  ises,  v. 
other.  13'P-533; 

SEC.  435.  The  meridian  of  the  Observatory  at  Washing-   &££  2s!  1350, s. 
ton  shall  be  adopted  and  used  as  the  American  meridian  i.v.9,p. 515. 
for  all  astronomical  purposes,  and  the  meridian  of  Green- 
wich shall  be  adopted  for  all  nautical  purposes. 

SEC.  1401.  Professors  of  mathematics  shall  perform  such  Titlel5>chap-1- 
duties  as  may  be  assigned  them  by  order  of  the  Secretary  fe^u^e8  of  Pro' 
of  the  Navy,  at  the  *  *  *  Naval  Observatory.  *  *  *  Tu^'s,  ms,  s. 

12,  v.  9,  p.  272. 
NAVAL  STOREKEEPERS. 


Sec. 

1413.  Storekeepers  at  navy-yards. 

1414.  Storekeepers  on  foreign  stations. 

1415.  Storekeeper's  bond. 

1438.  Officers  to  act  as  storekeepers  on 
foreign  stations. 


Sec. 

1527.  Storekeeper  at  the  Academy. 

1567.  Officers  serving  as  storekeepers  on 

foreign  stations. 

1568.  Civilians,  storekeepers  on  foreign 

stations. 


1439.  Bonds  of. 

SEC.  1413.  The  President,  by  and  with  the  advice  and  Title  is,  chap,  i. 
con  sent  of  the  Senate,  may  appoint  *  *  *  a  naval  store-  J^^Ss™ 
keeper  at  each  of  the  navy -yards  where  such  officers  may  MM.  2;  ise?,'  s. 
be  necessary.  ^  $  f^; 

1,  v.  15,  p.  69. 

SEC.  1414.  The  Secretary  of  the  Navy  may  appoint  citi-  onS%7eki|npsta8 
zens  who  are  not  officers  of  the  Navy  to  be  store-keepers  ^^^  1844 
on  foreign  stations,  when  suitable  officers  of  the  Navy  can- 1,  v.n(5,  'p.  7oo8- 
not  be  ordered  on  such  service,  or  when,  in  his  opinion,  the^y^7'^3' 
public  interest  will  be  thereby  promoted.  ises. 

SEC.  1415.  Every  person  who  is  appointed  store-keeper  bo^rekeeper'8 
under  the  provisions  of  the  preceding  section  shall  be    idem, 
required  to  give  a  bond,  in  such  amount  as  may  be  fixed 
by  the  Secretary  of  the  Navy,  for  the  faithful  performance 
of  his  duty. 

SEC.  1438.  The  Secretary  of  the  Navy  shall  order  a  suit-  Title  is,  chap.  2. 
able  commissioned  or  warrant  officer  of  the  Navy,  except    officers  to  act 
in  the  case  provided  in  section  fourteen  hundred  and  four-  fn  fo^SgnTta8 
teen,  to  take  charge  of  the  naval  stores  for  foreign  squad-  tiornl8e-m 
rons  at  each  of  the  foreign  stations  where  such  stores  may    see  sec.  1557. 
be  deposited,  and  where  a  store-keeper  may  be  necessary. 


80    LAWS  RELATING  TO  THE  NA.VY,  MARINE  CORPS,  ETC. 

June8??'  1844      SEC>  14:39*  Everv  officer  so  acting  as  store-keeper  on  a 
a. i, v. 5, p. TOO.   'foreign  station  shall  be  required  to  give  a  bond,  in  such 
amount  as  may  be  fixed  by  the  Secretary  of  the  Navy,  for 
the  faithful  performance  of  his  duty. 

Title  is,  chap.  5.     SEC.  1527.  The  store-keeper  at  the  Naval  Academy  shall 
storekeeper  at  be  detailed  from  the  Paymasters'  Corps,  and  shall  have 
thMtr°lf  1867  •  s  authority,  with  the  approval  of  the  Secretary  of  the  Navy, 
4,  v.  14,' p.  516;' to  procure  clothing  and  other  necessaries  for  the  naval 
Aug.  5, 1882.       cadets  in  the  same  manner  as  supplies  are  furnished  to  the 
Navy,  to  be  issued  under  such  regulations  as  may  be  pre- 
scribed by  the  Secretary  of  the  Navy. 

Title  is,  chap,  s.     SEC.  1567.  Officers  who  are  ordered  to  take  charge  of 
Pay  of  officers  naval  stores  for  foreign  squadrons,  in  the  place  of  naval  store- 
leev  ere  ^Tot  keePers)  sna11  be  entitled  to  receive,  while  so  employed,  the 
eign  stations,     shore-duty  pay  of  their  grades  5  and  when  the  same  is  less 
'  than  fifteen  hundred  dollars  a  year,  they  may  be  allowed 
compensation,  including  such  shore-duty  pay,  at  a  rate  not 
exceeding  fifteen  hundred  dollars  a  year. 
Pay  of  civil-     SEC.  1568.  Civilians  appointed  as  store-keepers  on  for- 
ere8'  ontofore7£  ei£n  statiou8  shall  receive  compensation  for  such  services, 
btjuner7 1844  s  a^  ^  ra^e  no*  excee(^iIig  fifteen  hundred  dollars  a  year. 

l,v.5lP.70<);Mar! 
:!.1847,8.3,v.9,p. 
172. 

NAVY-YARDS  AND  STATIONS. 


Sec.  I  Sec. 


355.  Title  to  land  to  be  purchased. 
1413.  Civil  engineers  and  storekeep 
1416.  Civil  officers  at  yards  may  I 

continued. 
1542.  Commandants  of  navy-yards. 


Rates  of  •wages. 

5385.  Arson  in  navy-yards,  etc. 

5386.  Arson  of  armory,  etc. 

5387.  Arson  of  vessels  of  war. 

Act  June  30, 1876.  Prohibition  on  increas- 


1543.  Master  workmen.  ing  force. 

1544.  Laborers,  how  selected.  ,  Act  Aug.  5, 1882.  Wet  dock  at  Norfolk. 

1545.  Salaries;  per  diem  compensation.       \  Navy -yard  commission. 

1546.  Requiring  contributions  for  polit-  Act  Aug.  7,  1882.  Coaling  station,  Port 

ical  purposes  at  navy-yarda.  Royal. 

1838.  Land  purchased  for  yards.  Act  Mar.  3, 1883.  Establishment  of  Gov- 
3728.  Fuel  for  navv-yards. 


3736.  No  land  to  l>e  purchased  without 

authority  of  law. 
3738.  Eight  hours  a  day's  labor. 


ernment  foundry. 

A($  Aug.  7, 1882.  Training  station,  Coast- 
ers Harbor  Island. 

Act  Aug.  5, 1882.  Closing  the  yards. 


Title  s.  SEC.  355.  No  public  money  shall  be  expended  upon  any 

Title  to  land  to  site  or  land  purchased  by  the  United  States  for  the  pur- 
be  purchased  by  poses  of  erecting  thereon  any  armory,  arsenal,  fort,  fortifica- 
stateB.  tion,  navy-yard,  custom-house,  light-house,  or  other  public 

5  j|5eSi811'l841>v'  building,  of  any  kind  whatever,  until  the  written  opinion 
'  See  sec.  1838.  of  the  Attorney  General  shall  be  had  in  favor  of  the  valid- 
ity of  the  title,  nor  until  the  consent  of  the  legisMture 
of  the  State  in  which  the  land  or  site  may  be,  to  such 
purchase,  has  been  given.  The  district  attorneys  of  the 
United  States,  upon  the  application  of  the  Attorney- 
General,  shall  furnish  any  assistance  or  information  in  their 
power  in  relation  to  the  titles  of  the  public  property  lying 
within  their  respective  districts.  And  the  Secretaries  of 
the  Departments,  upon  the  application  of  the  Attorney- 
General,  shall  procure  any  additional  evidence  of  title 
which  he  may  deem  necessary,  and  which  may  not  be  in 
the  possession  of  the  officers  of  the  Government,  and  the 
expense  of  procuring  it  shall  be  paid  out  of  the  appropria- 
tions made  for  the  contingencies  of  the  Departments  re- 
spectively. 


NAVY-YARDS    AND    STATIONS.  81 

SEC.  1413.  The  President,  by  and  with  the  advice  and  Title  is,  chap,  i. 
consent  of  the  Senate,  may  appoint  a  civil  engineer  and  a  civil  engineers 
naval  store-keeper  at  each  of  the  navy-yards  where  such  at  Savy^ya?dsers 
officers  may  be  necessary.  Mar.  2,  ise?,'  8. 

1,  V.  14,  p.  490; 
June  17, 1868,  s.  1, 
v.  15,  p.  69.  See 
1415,  Naval  store- 
keepers. 

SEC.  1416.  The  Secretary  of  the  Navy  is  authorized,  when   Discontinuance 
in  his  opinion   the  public  interest  will  permit  it,  to  dis-  otAug.  ioj.84?  s. 
continue  the  office  or  employment  of  any  measurer  and  x> v<  9»  P-  98t 
inspector  of  timber,  clerk  of  the  yard,  clerk  of  the  com- 
mandant, clerk  of  the   store-keeper,  clerk  of  the  naval 
constructor,  and  the  keeper  of  the  magazine  employed  at 
any  navy-yard,  and  to  require  the  duties  of  the  keeper  of 
the  magazine  to  be  performed  by  gunners. 

SEC.  1542.  The  President  may  select  the  commandants  Title  is,  chap,  e. 
of  the  several  navy-yards  from  officers  not  below  the  grade  selection  of 

Of  Commander.  commandants. 

Aug.  2,  1861.  v. 
12,  p.  285;  JulyS, 
1862,  a.  2,  v.  12,  p. 
510. 

SEC.  1543.  The  persons  employed  at  the  several  nav 
yards  to  superintend  the  mechanical  departments,  and  men8 
heretofore  known  as  master  mechanics,  master  carpenters,  t  v"i5ep769868' B' 
master  joiners,  master  blacksmiths,  master  boiler- makers, 
master  sail-makers,  master  plumbers,  master  painters, 
master  calkers,  master  masons,  master  boat-builders,  master 
spar-makers,  master  block-makers,  master  laborers,  and 
the  superintendents  of  rope- walks  shall  be  men  skilled  in 
their  several  duties  and  appointed  from  civil  life,  and  shall 
not  be  appointed  from  the  officers  of  the  Navy. 

SEC.  1544.  Laborers  shall  be  employed  in  the  sever allafoJgrcgtion  of 
navy-yards  by  the  proper  officers  in  charge  with  reference  aMayf23, 1372,  a. 
to  skill  and  efficiency,  and  without  regard  to  other  con-1' serif's.?' sec. 

SideratiouS.  1662,  and  Justices 

Op.,  1st  met. 
(Mass.)  580. 

SEC.  1545.  Salaries  shall  not  be  paid  to  any  employes  fafig^*'1**''  per 
any  of  the  navy-yards,  except  those  wio  are  designated  in  tioJ? 
the  estimates.    All  other  persons  shall  receive  a  per  diem  a  Jujj  p4^®62' 8' 
compensation  for  the  time  during  which  they  may  be  'see note i.' 
actually  employed. 

SEC.  1546.  No  officer  or  employe  of  the  Government  shall 
require  or  request  any  working  man  in  any  navy-yard  to 
contribute  or  pay  any  money  for  political  purposes,  nor 3>  s^ 
shall  any  working  man  be  removed  or  discharged  for  polit-  Departments,act 
ical  opinion ;  and  any  officer  or  employe  of  the  Government  83'  D: 

who  shall  offend  against  the  provisions  of  this  section  shall 
be  dismissed  from  the  service  of  the  United  States. 

Note  1.— By  the  acts  of  July  28,  1870,  R.  S.  D.  C.,  sec.  902,  and  January  31, 1879,  v. 


the  United  States  as  a  day  of  fast  or  thanksgiving,  shall  be  holidays  in  the  District 
of  Columbia.  By  act  of  January  31, 1879,  20  Slat.,  277,  act  of  June  18, 1888,  25  Stat.  L., 
185,  and  act  of  June  28, 1894,  28  Stat.  L.,  96,  Inauguration  Day,  Decoration  Day,  and 
Labor  Day  are  also  holidays  in  the  Diatrict  of  Columbia.  See  see.  5,  Department 
Duties. 

376 6 


82          LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

Title  >->•_•.  SEC.  1838.  The  President  of  the  United  States  is  author 

Assent  <•  f  i/ed  to  procure  the  assent  of  the  legislature  of  any  State, 

rha8c8onanci8for  within  which  any  purchase  of  land  has  been  made  for  the 

forts,  etc.  erection  of  forts,   magazines,    arsenals,   dock-yards,    and 

^vXp2^828'8'0^61'  needful  buildings,  without  such  consent  having  been 

obtained. 

Title  48.  SEC.  3728.    *     *     *     In  purchasing  fuel  for  the  Navy,  or 

Fuel.          ~  for  naval  stations  and  yards,  the  Secretary  of  the  Navy  shall 

i  v^ytis850'8  have  power  to  discriminate  and  purchase,  in  such  manner 

as  he  may  deem  proper,  that  kind  of  fuel  which  is  best 

adapted  to  the  purpose  for  which  it  is  to  be  used.* 

Restriction  on     gEC  373(3   jfo  ian(j  s^n  ^  purchased  on  account  of  the 

purehaseoi  land.  ..-»•**»  it  ^i         •    •  i 

May  i,  1820,  a.  United  States,  except  under  a  law  authorizing  such  pur- 

7,  v.  3,  p.  568. 


aE''glaborUrs  a     SEC.  3738.  Eight  hours  shall  constitute  a  day's  work  for 
aa,v.  all  laborers,  workmen,  and  mechanics  who  may  be  employed 


oppP7768519A'G'  by  or  on  behalf  of  the  Government  of  the  United  States. 

See  this  section 
under  Contracts, 
Division  I,  and 
sec.  3689,  under 
A  p  p  ropriations, 
Division  III. 

Aug.  i,  1892.       That  the  service  and  employment  of  all  laborers  and 
27  stat.  L.,  340.  mechanics  who  are  now  or  may  hereafter  be  employed  by 
^supp^R.s.1892-  the  Government  of  the  United  States,  by  the  District  of 
Hours'  of  labor  Columbia,  or  by  any  contractor  or  subcontractor  upon  any 
S?u*o^seSdfef  the  Public  works  of  the  United  States  or  of  the  said 
mechanics  on  District  of  Columbia,  is  hereby  limited  and  restricted  to 
work6  r  nm  e  n  *  eight  hours  in  any  one  calendar  day,  and  it  shall  be  unlawful 
See  note  2.       for  any  officer  of  the  United  States  Government  or  of  the 
District  of  Columbia  or  any  such  con  tractor  or  subcontracter 
whose  duty  it  shall  be  to  employ,  direct,  or  control  the  serv- 
ices of  such  laborers  or  mechanics  to  require  or  permit  any 
such  laborer  or  mechanic  to  work  more  than  eight  hours  in 
any  calendar  day  except  in  case  of  extraordinary  emergency. 
That  any  officer  or  agent  of  the  Government  of  the  United 
;  States  or  of  the  District  of  Columbia,  or  any  contractor  or 
subcontractor  whose  duty  it  shall  be  to  employ,  direct,  or 
control  any  laborer  or  mechanic  employed  upon  any  of  the 
public  works  of  the  United  States  or  of  the  District  of 
Columbia  who  shall  intentionally  violate  any  provision  of 
this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  for 
each  and  every  such  offense  shall  upon  conviction  be  pun- 
ished by  a  fine  not  to  exceed  one  thousand  dollars  or  by 
imprisonment  for  not  more  then  six  months,  or  by  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  court 
having  jurisdiction  thereof. 

Prior    eight-     Note  2.—  By  R.  S.,  sec.  3738,  "Eight  hours  shall  constitute  a  day's  work  for  all 
hour  laws.  laborers,  workmen  and  mechanics  who  may  bo  employed  by  or  on  bobalf  of  tin-  (  i<>\  - 

eminent  of  the  United  States."  Decisions  construing  this  provision  are  found  in  yi 
U.  S.,  400;  96  U.S.,  421.  1888,  Mar.  30,  ch.  47,  p;u  .  '2  (I  Supp.  IJ.  S.,  r,HL>).  directs  the 
rigid  enforcement  of  the  eight-hour  law  in  the  Government  Printing  Office.  1888, 
May  24,  ch.  308  (1  Supp.  R.  S.,  587),  makes  eight  hours  a  day's  work  for  letter  carriers, 
with  a  provision  for  extra  pay  in  case  of  employment  a  greater  number  of  hours. 
For  decisions  under  this  act  see  148  U.  S.,  124,  134.  For  construction  of  the  act  in  the 
text  see  opinion  of  the  Attorney-General,  published  in  General  Orders,  No.  61, 
Headquarters  of  the  Army,  Adjutant-GeneraTa  Offioe-Sept.  6,  1892.  For  review  of 
"labor  legislation,"  see  1888,  June  13,  cb.  389  (1  Supp.  K.  S.,  590). 


NAVY-YARDS    AND    STATIONS.  83 


The  provisions  of  this  act  shall  not  be  so  construed  as  to 
in  any  manner  apply  to  or  affect  contractors  or  subcon-  eli" 
tractors,  or  to  limit  the  hours  of  daily  service  of  laborers 
or  mechanics  engaged  upon  the  public  works  of  the  United 
States  or  of  the  District  of  Columbia  for  which  contracts 
have  been  entered  into  prior  to  the  passage  of  this  act. 

That    *     *     *     *     the  rate  of  wages  of  the  employes    July  16» 1802- 
in  the  navy-yards  shall  conform,  as  nearly  as  is  consistent    Kate  of  wages 
with  the  public  interest,  with  those  of  private  establish-  g*  hour8 ' 
inents  iii  the  immediate  vicinity  of  the  respective  yards,  g  ^ec.^12,  isei,  s. 
to  be  determined  by  the  commandants  of  the  navy-yards,  juiy 8,1862,' V?i2,; 
subject  to  the  approval  and  revision  of  the  Secretary  of  the  P- •^ note  3 
Navy. 

SEC.  5385.  Every  person  who,  within  any  fort,  dock-yard,  Title  ?o,  chap,  a. 
navy-yard,  arsenal,  armory,  or  magazine,  the  site  whereof  is    Arson  of  dwell- 
under  the  jurisdiction  of  the  United  States,  or  on  the  site  of  aforht°etcwithin 
any  light-house,  or  other  needful  building  belonging  to  the    Mar.  3, 1825,  s. 
United  States,  the  site  whereof  is  under  their  jurisdiction,  ^-^P-115- 
willfully  and  maliciously  burns  any  dwelling-house  or  man- 
sion-house, or  any  store,  barn,  stable,  or  other  building,  par- 
cel of  any  dwelling  or  mansion-house,  shall  suffer  death. 

SEC.  5380.  Every  person  who,  in  any  of  the  places  men-  ^^8^1™°" 
tioned  in  the  preceding  section,  maliciously  sets  fire  to,  or  idem,  s.i 
burns,  any  arsenal,  armory,  magazine,  rope- walk,  ship- house, 
warehouse,  block-house,  or  barrack,  or  any  store- house,  barn, 
or  stable,  not  parcel  of  a  dwelling-house,  or  any  other  build- 
ing not  mentioned  in  such  section,  or  any  vessel  built,  or 
begun  to  be  built,  or  repairing,  or  any  light- house,  or  beacon, 
or  any  timber,  cables,  rigging,  or  other  materials  for  build- 
ing, repairing,  or  fitting  out  vessels,  or  any  pile  of  wood, 
boards,  or  other  lumber,  or  any  military,  naval,  or  victual- 
ing stores,  arms,  or  other  munitions  of  war,  shall  be  pun- 
ished by  a  fine  of  not  more  than  five  thousand  dollars,  and 
by  imprisonment  at  hard  labor  not  more  than  ten  years. 

SEC.  5387.  Every  person  who  maliciously  sets  on  fire,  or  of^rairnofve88el 
burns,  or  otherwise  destroys,  any  vessel  of  war  of  the  United  °  idem,  s.  n,  p. 
States,  afloat  on  the  high  seas,  or  in  any  arm  of  the  sea,  or 117- 
in  any  river,  haven,  creek,  basin,  or  bay  within  the  admiralty 
jurisdiction  of  the  United  States,  and  out  of  the  jurisdiction 
of  any  particular  State,  shall  suffer  death. 

No  increase  of  the  force  at  any  navy-yard  shall  be  made  at  Jnne  30» 1876- 
any  time  within  sixty  days  next  before  any  election  to  take  19  stat.  L.,  65; 
place  for  President  of  the  United  States,  or  member  of  SuproMb§,iopn1on 
Congress,  except  when  the  Secretary  of  the  Navy  shall  cer-  increase  of  force, 
tify  that  the  needs  of  the  public  service  make  such  increase  i9Jp.n6530'1876>v' 
necessary  at  that  time,  which  certificate  shall  be  iinme-  „  SeeA al?°  under 

-.-..I      -i  Secretaries     and 

diately  published  when  made.  cierks. 

Training  Station,  Coasters'  Harbor  Island,  Ehode  Island :  Sept.  7,  isss. 
to  enable  the  naval  war  college  to  be  conducted  at  said    25  stat.  L.,  458. 
island  up  to  January  first,  eighteen  hundred  and  eighty- Of  Torpedo tl( 
nine:  Provided,  That  the  Secretary  of  the  Navy  is  hereby 
authorized  to  consolidate  and  place  under  one  command 

Note  8.— This  act  is  omitted  from  the  Revised  Statutes,  but  has  been  always  recog- 
nized as  governing  the  rates  of  wages,  also  the  hours  of  labor  until  the  passage  of 
the  eight-hour  law. 


84    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


the  torpedo  station  and  the  naval  war  college  at  Newport, 
Ehode  Island,  after  said  date. 

PAY  CORPS. 

(See  also  ACCOUNTS  and  DISBURSING  OFFICERS,  Division  III.) 


Sec. 
425.  Chief   Bureau    of   Provisions    and 

Clothing. 
1376.  Pay  Corps,  number  of. 

1378.  Appointments,  how  made. 

1379.  Qualifications    of     assistant   pay- 

masters. 

1380.  Order  of  promotion. 

1381.  Acting  appointments  on  ships  at 

sea. 

1382.  Paymaster  of  the  fleet. 

1383.  Bonds. 

1384.  New  bonds. 

1385.  Bond  not  affected  by  new  commis- 

sion. 


I  Sec. 

1386.  Clerks,  when  allowed. 

1387.  Clerks,  when  not  allowed. 

1388.  Clerks  of  passed  assistant  and  as- 

sistant paymasters. 

1389.  Loans  to  officers  by  paymasters. 
1432.  Commanding  officers  not  required 

to  act  as  paymasters. 
1471.  Rank  Paymaster-General. 
1475.  Rank  generally. 
1481.  Rank  of  retired  officers. 
1527.  Storekeeper  at  Naval  Academy. 
1556.  Pay. 
1564.  Vacancies  occurring  at  sea. 


Title  10.          SEC.  425.  The  Chief  of  the  Bureau  of  Provisions  and 
July  5,1862,8.  Clothing  shall  be  appointed  from  the  list  of  paymasters  of 
i,v.i2,p.'5io.  '    the  Navy  of  not  less  than  ten  years7  standing. 

See   sees.  1471  ' 

and  1481.  Title 
changed  to  Bu- 
reau of  Supplies 
and  Accounts. 

Title  is,  chap.  i.     SEC.  1376.  The  active  list  of  the  Pay  Corps  of  the  Navy 
Pay  Corps,  shall  consist  of  thirteen  pay  directors,  thirteen  pay  in- 
number  of.       '  spectors,  forty  paymasters,  twenty  passed  assistant  pay- 
11,  Y;  !«,'  p.  334';  masters,  and  ten  assistant  paymasters. 

Mar.  3,  1871,  s.  6, 
v.  16,  p.  536;  Aug. 

'  Appointments,     SEC.  1378.  All  appointments  in  the  Pay  Corps  shall  be 
h°Mar  3oe'i8i2  s  made  by  the  President,  by  and  with  the  advice  and  consent 


v.  12,  p.  83  ;  July 
17,  1861,  s.  l.v.  12, 
p.  258;  May  3, 
1866;  8.1,v.l4,p. 
43.  See  note  1. 


masters. 


SEC'  1379'  No  Person  sna11  be  appointed  assistant  pay- 
master who  is,  at  the  time  of  such  appointment,  less  than 
2,  v"i2,  p?25861'  8'  twenty-one  or  more  than  twenty-  six  years  of  age;  nor  until 
his  physical,  mental,  and  moral  qualifications  have  been 
examined  and  approved  by  a  board  of  paymasters  appointed 
by  the  Secretary  of  the  Navy,  and  according  to  such  regu- 
lations as  he  may  prescribe. 


See  Bee.  1378.  Note  1,  —  Appointments  to  office  can  be  made  only  by  the  Executive  branch  of  the 
Government  in  the  manner  provided  by  the  Constitution  (Art.  II,  §  2),  and  not  by 
Congressional  enactment.  —  C.  C.,  XV,  151,  Wood's  case. 

See  Medical  It  is  necessary  that  the  President  should  nominate,  the  Senate  advise  and  consent, 
Corps  and  Tfaval  and  that,  in  pursuance  of  such  nomination  and  confirmation  the  appointment  should 
Construe  ti  on  s,  actually  bo  made.  The  nomination  and  confirmation  do  not  divest  the  President  of 


Division  I. 


the  power  to  withhold  the  appointment.—  Op.  IV,  31,  218.  The  appointment  of  a 
commissioned  officer  is  not  perfected,  and  is  entirely  within  the  power  of  the  Presi- 
dent until  the  commission  is  issued.—  Op.  IX,  297;  XIII,  44;  XIV,  344,  C.  C.  V.,97. 

When  a  commission  has  been  signed  by  the  President  the  appointment  is  com- 
plete, and  the  commission  is  complete  when  the  seal  of  the  United  States  has  been 
affixed.  —  1  Cranch,  Curtis'  edition,  377,  Marbury's  case. 

See  also  under     The  Senate  can  not  originate  an  appointment  •  its  constitutional  action  is  confined 

Civil  Service,  Di-  to  a  simple  affirmation  or  rejection  of  the  nomination,  and  it  fails  when  they  disa- 

visiou  III.  gree.    May  suggest  limitations  or  conditions,  but  can  not  vary  the  nomination.    No 

appointment  can  be  made  except  on  the  President's  nomination  agreed  to  without 

qualification  or  alteration.—  Op.,  Ill,  189. 

When  a  person  appointed  to  an  oflico  refuses  to  accept  the  same,  the  successor  is 
nominated  in  the  place  of  the  person  who  has  declined,  and  not  in  place  of  the  person 
who  had  been  previously  in  office  —  1  Cranch,  Curtis'  edition,  377. 

Where  an  officer  was  of  lawful  ago  when  nominated  but  was  over  age  when  con- 
firmed, his  commission  can  be  issued  to  him.  The  Senate  could  have  arrested  it.— 
Op.  X,  308,  Bates,  July  1,  1862. 


PAY  CORPS  OF  THE  NAVY.  85 

SEC.  1380.  Passed  assistant  paymasters  shall  be  regu-  mjjjjjr  of  pr°- 
larly  promoted  and  commissioned  from  assistant  pay  mas-  juiy  17,  isei, 
ters,  and  paymasters  from  passed  assistant  paymasters;^'  3'  \g6JJ'  g25?' 
subject  to  such  examinations  as  may  be  prescribed  by  the  v.  14,  p.  43. 
Secretary  of  the  Navy. 

motion. 

SEC.  1381.  When  the  office  of  paymaster  or  assistant  pay- 
master  becomes  vacant,  by  death  or  otherwise,  in  ships  at  sSjs 
sea,  or  on  foreign  stations,  or  on  the  Pacific  coast  of  the4  ^  12  pVss61'  8' 
United  States,  the  senior  officer  present  may  make  an  act-  '  see  sec.  1564. 
ing  appointment  of  any  fit  person,  who  shall  perform  the 
duties  thereof  until  another  paymaster  or  assistant  pay- 
master shall  report  for  duty,  and  shall  be  entitled  to  receive 
the  pay  of  such  grade  while  so  acting. 

SEC.  1382.  The  President  may  designate  among  the  pay-  thj  ^taster8  ^f 
masters  in  the  service,  and  appoint  to  every  fleet  or  squad-  May24,  1328,  a. 
roii  a  paymaster,  who  shall  be  denominated  "  paymaster  of  l^iSeJ'?1^™' 
the  fleet."  P.M. 


SEC.  1383.  Every  paymaster,  passed  assistant  paymaster, 
and  assistant  paymaster  shall,  before  entering  on  the  duties  e,v.2 
of  his  office,  give  bond,  with  two  or  more  sufficient  sureties, 
to  be  approved  by  the  Secretary  of  the  Navy,  for  the  faith-  a.  3',  v.  12,  p.  83- 
ful  performance  thereof.  Paymasters  shall  give  bonds  inJjSF'jSJj-Jfi 
the  sum  of  twenty-five  thousand  dollars,  passed  assistant  ii,  1^2,  s.  i!  v.  12, 
paymasters  in  the  sum  of  fifteen  thousand  dollars,  and  as-  ISQG,  s/2,  v.i5,p.' 
sistant  paymasters  in  the  sum  of  ten  thousand  dollars.  p3'1759A-G<  °PM 

' 


SEC.  1384.  Officers  of  the  Pay  Corps  shall  give  new  bonds  ^ 

with  sufficient  sureties,  whenever  required  to  do  so  by  the  4,  v.  sfp.  535.   ' 
Secretary  of  the  Navy. 

Hereafter  all  bonds  of  the  Treasurer  of  the  United  States,    Mar.  2,  isos. 
collectors  of  internal  revenue,  collectors,  naval  officers,  sur-    28  stat.L.,764; 


veyors,  and  other  officers  of  the  customs,  either  as  5' 


officers  or  as  disbursing  officers  of  the  Treasury,  bonds  of 

the  Secretary  of  the  Senate,  Clerk  of  the  House  of  Eepre-  taryof  theTreaa- 

seiitatives,  and  the  Sergeant-at-  Arms  of  the  House  of  Kep- 

resentatives,  and  all  such  bonds  now  on  file  in  the  office  of 

the  Comptroller  of  the  Treasury,  shall  be  transmitted  to  the 

Secretary  of  the  Treasury  and  filed  as  he  may  direct;  and 

the  duties  now  required  by  law  of  the  Comptroller  of  the 

Treasury  in  regard  to  such  bonds,  as  the  successor  of  the  (15) 

Commissioner  of  Customs  and  First  Comptroller  of  the 

Treasury,  shall  hereafter  be  performed  by  the  Secretary  of 

the  Treasury. 

Hereafter  every  officer  required  by  law  to  take  and  to 
approve  official  bonds  shall  cause  the  same  to  be  examined  evejy  two  years- 
at  least  once  every  two  years  for  the  purpose  of  ascertain- 
ing the  sufficiency  of  the  sureties  thereon  ;  and  every  officer 
having  power  to  fix  the  amount  of  an  official  bond  shall 
examine  it  to  ascertain  the  sufficiency  of  the  amount  thereof 
and  approve  or  fix  said  amount  at  least  once  in  two  years 
and  as  much  oftener  as  he  may  deem  it  necessary. 

Hereafter  every  officer  whose  duty  it  is  to  take  and 
approve  official  bonds  shall  cause  all  such  bonds  to  be 
renewed  every  four  years  after  their  dates,  but  he  may  re- 
quire such  bonds  to  be  renewed  or  strengthened  oftener  if  — 
he  deem  such  action  necessary. 


86    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


^n  ^Je  (^scre^on  °f  such  officer  the  requirement  of  a  new 
bond  may  be  waived  for  the  period  of  service  of  a  bonded 
officer  after  the  expiration  of  a  four-year  term  of  service 
pending  the  appointment  and  qualification  of  his  successor  : 
Liability  not  Provided,  That  the  nonperformance  of  any  requirement 
of  this  section  on  the  part  of  any  official  of  the  Govern- 
ment shall  not  be  held  to  affect  in  any  respect  the  liability 
of  principal  or  sureties  on  any  bond  made  or  to  be  made  to 
the  United  States: 

—to  continue  un-     Provided  further,  That  the  liability  of  the  principal  and 
1  sureties  on  all  official  bonds  shall  continue  and  cover  the 
period  of  service  ensuing  until  the  appointment  and  quali- 
fication of  the  successor  of  the  principal. 

ed'byl  n°ewcJnt     SE°-  1385-  Tlie  issuing  of  a  new  appointment  and  com- 

mission. mission  to  any  officer  of  the.  Pay  Corps  shall  not  affect  or 

6,^i6',p.'538671'8'  annul  any  existing  bond,  but  the  same  shall  remain  in 

See  note  2.       force,  and  apply  to  such  new  appointment  and  commission. 

Note  2.—  ATI  appointment  by  the  President  to  tho  end  of  the  next  session  of  Con- 
gress is  not  continued  by  a  new  appointment  and  commission  by  and  with  the  advice 
and  consent  of  the  Senate.  The  latter  is  a  distinct  appointment,  and  requires  a  now 
bond.  Sureties  on  the  lirst  not  released  on  account  of  failure  of  the  Senate  to  con- 
firm the  second.  (United  States  v.  Kilpatrick,  9  Wheaton,  720;  United  States  v. 
Spencer,  2d  McLean,  265;  Op.,  IV,  p.  30,  May  20,  1842.) 

A  bond  is  confined  in  its  obligatory  force  to  acts  done  whilst  a  commission  has  a 
legal  continuance.  (Op.,  XV,  p.  214,  cites  9  Wheaton,  734.) 

A  bond,  to  bo  accepted  by  the  Government,  ought  to  be  executed  by  the  obligees 
and  not  by  their  attorneys.  (Op.,  IX,  p.  128,  Nov.  5,  1857.) 

The  Supremo  Court  has  repeatedly  decided  that  the  sureties  of  a  bonded  officer  are 
only  responsible  for  the  faithful  performance  of  his  duties  for  the  legal  term  of  his 
appointment.  (Op.,  XI,  p.  286,  July  It,  1865.) 

Bonds  cover  not  merely  duties  imposed  by  existing  law,  but  duties  belonging  to 
and  naturally  connected  with  the  office,  imposed  by  subsequent  law,  provided  that 
the  new  duties  have  relation  to  such  office.  (United  States  v.  Sanger,  15  Wallace, 
p.  112.) 

A  paymaster's  bond  takes  effect  from  tho  date  of  its  approval  by  the  Secretary  of 
the  Navy.  (See  Op.,  XIV,  p.  7,  and  19  Howard  p.  73,  as  to  when  bonds  go  into  effect.) 
Under  sec.  1560,  K.  S.,  the  pay  of  a  bonded  officer  of  the  Navy  commences  on  tho  day 
of  the  approval  by  the  proper  authority  of  his  bond. 

Duties  imposed  on  an  officer  different  in  their  nature  from  those  which  he  was 
required  to  perform  at  the  time  his  official  bond  was  given  do  not  render  it  void  as  an 
undertaking  for  the  faithful  performance  of  those  which  ho  at  first  assumed.  (<  )tto, 
97,  p.  584.) 

Judgment  can  not  bo  rendered  beyond  the  penaltv  to  bo  discharged  on  the  payment 
of  the  sum  actually  duo.  Can  not  exceed  the  penalty  with  interest  from  the  breach. 
(United  States  v.  Picketts,  2  Cranch,  C.  C.,  553  ;  Farrar  v.  United  States,  5  Peters,  373.) 

GENERAL  INSTRUCTIONS. 

A  bond  must  bear  date  even  with  or  prior  to  that  of  tho  affidavits  of  sureties  and 
the  certificate  as  to  their  sufficiency. 

Seals  of  wafer  or  wax  must  be  attached  where  indicated  on  the  bond,  opposite  the 
places  for  tho  signatures  of  the  principal  and  the  sureties. 

Two  or  more  witnesses  are  required  to  each  signature. 

The  sufficiency  of  the  sureties  must  be  certified  to  by  a  judge  or  clerk  of  a  United 
States  court  or  by  a  United  States  attorney,  preferably  for  the  district  in  which  such 
sureties  reside. 

Pay  officers  will  bo  careful  to  avoid  erasures  or  alterations  in  any  portion  of  the 
bond.  The  form  should  be  neatly  filled  and  the  signatures  legibly  written. 

INDIVIDUAL  SURETIES. 

A  bond  on  which  tho  sureties  are  individuals  must  be  signed  by  not  less  than  two 
sureties,  one  of  whom,  at  least,  must  qualify  in  a  sum,  over  and  above  all  exemptions, 
debts,  and  legal  liabilities,  not  less  than  tin-  full  amount  of  the  bond  ;  if  there  are  but 
two  sureties,  the  second  must  also  qualify  in  like  amount;  or  in  lieu  of  a  second 
surety  for  tho  whole  amount,  two  or  more  in.lh  idu;ils  will  bo  accepted,  provided  the 
aggregate  amount  for  which  they  qualify  be  not  less  limn  the  full  amount  <>f  the, 
bond.  Each  surety  must  make  affidavit  stating  the  value  of  his  or  her  property  over 
and  above  all  exemptions,  debts,  and  legal  liabilities.  In  case  a  woman  is  offered  MS 
surety  it  should  be  stated  whether  she  is  single,  married,  or  a  widow,  and  if  married 
or  a  widow  an  additional  certificate  will  be  required  to  the.  effect  that  such  surety 
holds  her  property  in  her  own  right,  and  is  competent  under  tho  laws  of  the  State 
in  which  she  resides  to  bind  herself  as  surety  in  such  case.  Tho  wife  of  the  prin- 
cipal will  not  bo  accepted  as  surety. 

CORPORATIONS  AS  SURETIES. 

Under  the  provisions  of  the  act  approved  August  13,  1804,  entitled  "An  act  rela- 
tive to  recognizances,  stipulations,  bonds,  and  undertakings,  and  to  allow  certain 


PAY  CORPS  OF  THE  NAVY.  87 


SEC.  1386.  Paymasters  of  the  fleet,  paymasters  oil  vessels  all^J^8'   when 
having  complements  of  more  than  one  hundred  and  seventy-  a  Juiyu,  1862,  8. 
five  persons,  on  supply-  steamers,  store-  vessels,  and  receiv-  |ravv:  w  Sw56^5 
ing-  ships,  paymasters  at  stations  and  at  the  Naval  Academy,  is,  i>.  92.' 
and  paymasters  detailed  at  stations  as  inspectors  of  provi- 
sions and  clothing,  shall  each  be  allowed  a  clerk. 

SEC.  1387.  No  paymaster  shall  be  allowed  a  clerk  in  a  ves-    cierks,   when 
sel  having  the  complement  of  one  hundred  and  seventy-five 
persons  or  less,  excepting  in  supply  -steamers  and  store- 
vessels. 

SEC.  1388.  Passed  assistant  paymasters  and  assistant  cierks  of  passed 
paymasters  attached  to  vessels  of  war  shall  be  allowed  San^payias- 
clerks,  if  clerks  would  be  allowed  by  law  to  paymasters  sote™- 

i  .       -i       T  .Mm1,  o.  lobo,  s. 

attached.  5,  v.  12,  p.  sis. 

SEC.  1389.  It  shall  not  be  lawful  for  any  paymaster,    Loans  to  om- 
passed  assistant  paymaster,  or   assistant  paymaster,  totl5.bypay 
advance  or  loan,  under  any  pretense  whatever,  to  any  offi-  g  ^fr526»  1845|68; 
cer  in  the  naval  service,  any  sum  of  money,  public  or  pri-  jun/e22,'i8p6o,s.3,; 
vate,  or  any  credit,  or  any  article  or  commodity  whatever.  v-  12>  P-  83- 

SEC.  1432.  No  commanding  officer  of  any  vessel  of  the  Title  15,  chap.  2. 
Navy  shall  be  required  to  perform  the  duties  of  a  paymaster,  commanding 
passed  assistant  paymaster,  or  assistant  paymaster.  af 


July  17,  1861,  s. 
4,  v.  12,  p.  258. 

SEC.  1471.  The  Chief  of  the  Bureau  of  Supplies  and  Ac-  Title  is,  chap.  4. 
counts  shall  have  the  relative  rank  of  commodore  while    Rank. 
holding  said  position,  and  shall  have  the  title  of  paymaster-  l2^ 
general. 

SEC.  1475.  Officers  of  the  Pay  Corps  on  the  active  list,,!00,      Title 

/»  j-i       -VT  i    ±*  i  f  -11  Kank  and  pre- 

of  the  Navy  shall  have  relative  rank  as  follows:  cedence,"  sec. 

Pay  directors,  the  relative  rank  of  captain. 

Pay  inspectors,  the  relative  rank  of  commander. 

Paymasters,  the  relative  rank  of  lieutenant-commander 
or  lieutenant. 

Passed  assistant  paymasters,  the  relative  rank  of  lieuten-    Lieutenant  of 

a  lit  nr  rnjuatpv  the  junior  grade. 

master.  Mar  3)  1871  8  6> 

Assistant  paymasters,  the  relative  rank  of  master  or  v.  it>,  p.  536. 
ensign. 

SEC.  1481.  Officers  of  the    *     *     *     Pay  Corps    *     *     *  n^a 
who  shall  have  served  faithfully  for  forty-five  years,  shall, 
whenretired,  have  the  relative  rank  of  Commodore;    *    *    * 

corporations  to  be  accepted  as  surety  thereon,"  a  surety  or  guaranty  company,  duly 
certified  by  the  Attorney-General  as  having  complied  with  the  requirements  of  said 
act,  sind  by  him  authorized  to  do  business  thereunder,  and  having  a  duly  appointed 
agent  in  the  District  of  Columbia,  will  bo  accepted  as  sole  surety  on  a  bond.  Such 
company  must  file  with  the  Department  a  copy  of  the  letter  of  the  Attorney-General 
authorizing  it  to  do  business  under  the  act  approved  August  13,  1894,  duly  authen- 
ticated by  the  seal  of  the  Department  of  Justice  ;  a  copy,  certified  to  under  the  seal 
of  the  supremo  court  of  the  District  of  Columbia,  of  its  appointment  of  an  agent  or 
attorney  in  said  District,  unless  the  above-mentioned  letter  of  the  Attorney-General 
shows  the  appointment  of  such  agent;  and  a  certified  copy  of  its  charter  or  articles 
of  incorporation,  and  of  so  much  of  its  by-laws  as  is  necessary  to  show  what  officer 
or  officers  are  authorized  to  execute  bonds  or  enter  into  other  obligations  in  its 
behalf. 

A  company  appearing  as  surety  on  a  bond  shall  attach  to  said  bond  a  copy  of  the 
letter  of  the  Attorney-  General  authorizing  it  to  do  business,  properly  certified  to. 
and,  when  said  bond  has  been  accepted  by  the  Department,  the  company  appearing 
as  surety  thereon  is  required  to  submit  quarterly  statements  of  its  financial  condi- 
tion in  the  months  of  January,  April,  July,  and  October,  signed  and  sworn  to  by  its 
president  and  secretary,  and  to  submit  statements  giving  the  names  of  its  officers  as 
they  are  elected  from  time  to  time. 


88          LAWS   RELATING   TO   THE   NAVY,  MARINE   CORPS,  ETC. 

and  who  have  been  or  who  shall  be  retired  at  the  age  of 
sixty-two  years  before  having  served  for  forty-five  years^ 
but  who  shall  have  served  faithfully  until  retired,  shall,  on 
the  completion  of  forty  years  from  their  entry  into  the  serv- 
ice, have  the  relative  rank  of  Commodore. 

Title  is,  chap.  6.  SBC.  1527.  The  store-keeper  at  the  Naval  Academy  shall 
storekeeper  at  be  detailed  from  the  Paymaster's  Corps,  and  shall  have 

tbMarClf  eSfe  s  authority,  with  the  approval  of  the  Secretary  of  the  Navy, 

4,  v.  i4,'p.  516;' to  procure  clothing  and  other  necessaries  for  the  naval 
cadets  in  the  same  manner  as  supplies  are  furnished  to  the 
Navy,  to  be  issued  under  such  regulation  as  may  be  pre- 
scribed by  the  Secretary  of  the  Navy. 

Title  15,  chap.  8.  SEC.  1556.  *  *  ••  Fleet  paymasters,  *  *  *  four 
Pay  of  fleet  thousand  four  hundred  dollars. 

paymasters. 

July  15, 1870,  s. 
3,  v.  16,  p.  330. 

18  A.  G.  Op.,  p. 
156. 

Pay  directors  Pay  directors  and  pay  inspectors, 

when  on  duty  at  sea,  four  thousand  four  hundred  dollars. 


v>     o 

Io71t 


When  not  at  sea,  the  same  as    *    *    *     paymasters. 


6,  v.  16,  pp.  535, 
536;  Mar.  3,  1873, 
s.  1,  v.  17,  p.  555. 

*  *  *  Paymasters,  during  the  first  five  years  after 
date  of  commission,  when  at  sea,  two  thousand  eight  hun- 
dred dollars;  on  shore  duty,  two  thousand  four  hundred 
dollars;  on  leave,  or  waiting  orders,  two  thousand  dollars; 
during  the  second  five  years  after  such  date,  when  at  sea, 
three  thousand  two  hundred  dollars;  on  shore  duty,  two 
thousand  eight  hundred  dollars;  on  leave,  or  waiting  or- 
ders, two  thousand  four  hundred  dollars;  during  the  third 
five  years  after  such  date,  when  at  sea,  three  thousand  five 
hundred  dollars;  on  shore  duty,  three  thousand  two  hun- 
dred dollars;  on  leave,  or  waiting  orders,  two  thousand  six 
hundred  dollars;  during  the  fourth  five  years  after  such 
date,  when  at  sea,  three  thousand  seven  hundred  dollars; 
on  shore  duty,  three  thousand  six  hundred  dollars;  on 
leave,  or  waiting  orders,  two  thousand  eight  hundred  dol- 
lars; after  twenty  years  from  such  date,  when  at  sea,  four 
thousand  two  hundred  dollars;  on  shore  duty,  four  thou- 
sand dollars;  on  leave,  or  waiting  orders,  three  thousand 
dollars. 

Passed  assist-  *  *  *  Passed  assistant  paymasters,  *  *  *  during 
'  the  first  five  years  after  date  of  appointment,  when  at  sea, 
two  thousand  dollars;  on  shore  duty,  one  thousand  eight 
hundred  dollars;  on  leave,  or  waiting  orders,  one  thousand 
five  hundred  dollars;  after  five  years  from  such  date,  when 
at  sea,  two  thousand  two  hundred  dollars;  on  shore  duty, 
two  thousand  dollars;  on  leave,  or  waiting  orders,  one 
thousand  seven  hundred  dollars. 

^  Assistant  pay-     *     *    #    Assistant  paymasters,    *     *     *     during  the 

mjuiy  »,  1870,  s.  first  five  years  after  date  of  appointment,  when  at  sea,  one 

3,  v.  i6,  p.  33o.      thousand  seven  hundred  dollars;  on  shore  duty,  one  thou- 

sand four  hundred  dollars;  on  leave,  or  waiting  orders,  one 

thousand  dollars;  after  five  years  from  such  date,  when  at 

sea,  one  thousand  nine  hundred  dollars;  on  shore  duty, 


PAY  CORPS PAY  AND  ALLOWANCES. 


89 


one  thousand  six  hundred  dollars;  on  leave,  or  waiting 
orders,  one  thousand  two  hundred  dollars. 

SEC.  1564.  Any  person  performing  the  duties  of  paymas-  asPerflon,Ua8ttef 
ter,  acting  assistant  paymaster,  or  assistant  paymaster,  in  when*'1  office8  v6ar 
a  ship  at  sea,  or  on  a  foreign  station,  or  on  the  Pacific  coast  JJJ*  in  8hip  at 
of  the  United  States,  by  appointment  of  the  senior  officer    July  17,  isei,  H. 
present,  in  case  of  vacancy  of  such  office,  in  accordance  4>v'12'p'258> 
with  the  provisions  of  section  thirteen  hundred  and  eighty- 
one,  and  not  otherwise,  shall  be  entitled  to  receive  the  pay 
of  such  grade  while  so  acting. 

PAY  AND  ALLOWANCES. 

PAY  (active,  retired,  and  furlough);  EXTRA  PAY;  ALLOW- 
ANCES;  TRAVELINGS  EXPENSES. 


PAY,    ACTIVE    AND    RETIRED. 


Sec. 
1556. 
1557. 
1558. 

1559. 
1560. 

1561. 

1562. 
- 
1564. 
1565. 
1567. 

1568. 


Pay  of  officers  011  active  list. 

Furlough  pay. 

No  additional  allowances  except  as 

herein  specified. 
Volunteer  service. 
Commencement  of  pay,  original  en- 

try. 
Commencement  of  pay  of  promoted 

officers. 

In  cases  of  delayed  examinations. 
Commencement  of. 
Acting  as  paymaster. 
Chiefs  of  bureaus. 
Officers  serving  as  storekeepers  on 

foreign  stations. 
Civilians  storekeepers  on  foreign 

stations. 


Sec. 

1569.  Of  enlisted  men. 

1570.  Additional  to  firemen,  etc. 

1572.  Additional  for  detention. 

1573.  Bounty  pay  for  reenlisting. 

1574.  When  vessels  are  wrecked. 

1575.  When  taken  by  an  enemy. 

1576.  Assignment  of  pay. 

1588.  Of  retired  officers. 

1589.  Of  certain  rear  admirals,  retired. 

1590.  Third  assistant  engineers,  retired. 

(Grade  abolished.) 

1591.  Eetired  pay  not  increased  by  pro- 

motion. 

1592.  Eetired  officers  on  active  duty. 

1593.  Retired  officers  on  furlough. 
4688.  Allowances  on  Coast  Survey. 


SEC.  1556.  The  commissioned  officers  and  warrant  officers  Title  is,  chap.  8. 
on  the  active  list  of  the  Navy  of  the  United  States,  and  the    See  note  i. 


"pay 
Mari 


.—  Pay  does  not  include  rations  or  subsistence.  (Op.,  II,  420,  593.)  The  word 
ay  "in  acts  of  Congress  concerning  compensation  of  officers  of  the  Army,  Navy,  and 
arine  Corps  does  not  embrace  the  emoluments  or  allowances  which  are  given  by 
law  in  the  absence  of  a  clearly  expressed  intention  to  that  effect.  ("Levant"  Case 
Op.,  X,  284.)  The  word  "emolument,  "  in  military  statutes,  includes  every  allowance 
or  perquisite  annexed  to  an  office  for  the  benefit  of  the  officer,  and  by  way  of  com- 
pensation for  services.  Quarters  are  so  given,  and  whether  in  money  or  in  kind,  are 
none  the  less  an  emolument.  Pay  and  emoluments  include  quarters.  (Op.,  IX,  284.) 

"salary; 


"Compensation"  is  equivalent  to  the  words  "pay  or 
rations  nor  extra  expenses.    (Op.,  II,  593 ;  III,  152.) 


does  not  include 

It  is  within  the  authority  of  Congress  to  reduce  the  pay  or  allowances  of  officers 
and  soldiers  at  any  time  during  their  period  of  service  or  enlistment.  It  can  not  be 
done  by  Executive  authority  or  military  authority;  nor  can  a  soldier's  pay  be  with- 
held except  in  pursuance  of  law  or  sentence.  (Winthrop,  366.) 

Where  an  act  of  Congress  fixes  the  compensation  of  an  officer  of  the  Government 
it  can  neither  be  enlarged  nor  diminished  by  any  regulation  or  order  of  the  President 
or  of  a  Department,  unless  the  power  to  make  the  same  is  given  by  act  of  Congress. 
(Goldsborough  v.  United  States,  Taney,  80.) 

An  officer  or  soldier  can  not  be  dismissed,  discharged,  or  mustered  out  as  of  a 

Srior  date  with  the  effect  of  depriving  him  of  pa\  accrued  between  that  date  and  the 
ate  of  the  actual  discharge,  etc.  (Winthrop's  Digest,  362.) 

It  is  not  within  the  power  of  the  executive  department,  or  any  branch  of  it,  to 
reduce  the  pay  of  an  officer  of  the  Army.  (Winthrop,  p.  366 ;  q  notes  2.3  Wallace,  416.) 

So  long  as  a  person  is  in  the  Army  or  the  Navjr  he  is  entitled  to  receive  the  pay 
belonging  to  the  position,  unless  he  has  forfeited  it  in  accordance  with  the  provisions 
of  law.  (Op.,  XIII,  104,  June  16,  1869 ;  Op.,  XV,  175,  Nov.  9, 1876.) 

An  officer  is  entitled  to  the  salary  allowed  by  law,  and  is  not  limited  to  the  amount 
appropriated  by  Congress.  (C.  C.,  1, 380.) 

An  officer's  "pay  account"  is  not  commercial  paper,  but  in  its  legal  aspect  a  mere 
receipt.  If  assigned,  and  payment  made  to  the  assignee,  the  name  of  the  latter  on 
the  back  does  not  make  him  responsible  to  the  paymaster  as  an  indorser,  on  ascer- 
taining that  the  officer  has  already  drawn  his  pay  for  the  month.  (Winthrop's 
Digest,  361.) 

A  paymaster  on  shore  duty  at  a  navy-yard  is  not  entitled  to  pay  for  sea  duty, 
though  required  by  the  Secretary  of  the  Navy,  in  addition  to  his  regular  duties,  to 
take  charge  of  the  accounts  of  certain  ironclads  temporarily  at  anchor  off  the  yard 
and  in  commission  for  sea  service.  (Carpenter's  Case,  C.  C.,  XV,  247.) 

Graduated  pav  of  officers.  (See  Op.,  X,  p.  97,  Aug.  13;  p.  101,  Aug.  19, 1861 ;  and  p. 
326,  Aug.  28, 1862.) 


90    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

petty  officers,  seamen,  ordinary  seamen,  firemen,  coal- 
beavers,  and  employes  in  the  Navy,  shall  be  entitled  to 
receive  annual  pay  at  the  rates  herein  stated  after  their 

respective  designations : 

####### 

Rear-admirals.  Rear-admirals,  when  at  sea,  six  thousand  dollars;  on 
shore  duty,  five  thousand  dollars;  on  leave,  or  waiting 
orders,  four  thousand  dollars. 

Commodores.  Commodores,  when  at  sea,  five  thousand  dollars;  on 
shore  duty,  four  thousand  dollars;  on  leave,  or  waiting 
orders,  three  thousand  dollars. 

Captains,  when  at  sea,  four  thousand  five  hundred  dol- 
lars; on  shore  duty,  three  thousand  five  hundred  dollars; 
on  leave,  or  waiting  orders,  two  thousand  eight  hundred 
dollars. 

commanders.  Commanders,  when  at  sea,  three  thousand  five  hundred 
dollars;  on  shore  duty,  three  thousand  dollars;  on  leave, 
or  waiting  orders,  two  thousand  three  hundred  dollars, 
comma"  dew*111  Lieutenant- commanders,  during  the  first  four  years  after 
date  of  commission,  when  at  sea,  two  thousand  eight  hun- 
dred dollars;  on  shore  duty,  two  thousand  four  hundred 
dollars;  on  leave,  or  waiting  orders,  two  thousand  dollars; 
after  four  years  from  such  date,  when  at  sea,  three  thou- 
sand dollars;  on  shore  duty,  two  thousand  six  hundred 
dollars;  on  leave,  or  waiting  orders,  two  thousand  two 
hundred  dollars. 

Lieutenants.  Lieutenants,  during  the  first  five  years  after  date  of  com- 
mission, when  at  sea,  two  thousand  four  hundred  dollars; 
on  shore  duty,  two  thousand  dollars ;  on  leave,  or  waiting 
orders,  one  thousand  six  hundred  dollars;  after  five  years 
from  such  date,  when  at  sea,  two  thousand  six  hundred 
dollars;  on  shore  duty,  two  thousand  two  hundred  dollars; 
on  leave,  or  waiting  orders,  one  thousand  eight  hundred 
dollars.  Lieutenants,  junior  grade,  the  pay  of  masters. 

[GrodT'a&oz-     Masters,  during  the  first  five  years  after  date  of  cominis- 
i»ked.]  siou,  when  at  sea,  one  thousand  eight  hundred  dollars;  on 

shore  duty,  one  thousand  five  hundred  dollars ;  on  leave, 
or  waiting  orders,  one  thousand  two  hundred  dollars ;  after 
five  years  from  such  date,  when  at  sea,  two  thousand  dol- 
lars; on  shore  duty,  one  thousand  seven  hundred  dollars; 
on  leave,  or  waiting  orders,  one  thousand  four  hundred 
dollars. 
^Grades  in  the  jn  ^e  ^avv  there  are  grades  for  duty,  for  honor,  and  for 

c/c.,  v.  is,  p.  pay,  some  by  name  and  others  by  description.  A  lieutenant 
' 8  has  a  grade  of  his  class  and  also  a  grade  in  his  class  upon 
which  his  pay  is  fixed,  depending  upon  length  of  service. 
A  lieutenant  retired  in  the  first  five  years  of  service  because 
not  recommended  for  promotion,  is  entitled  to  one  half  of 
his  sea-pay  at  the  time  of  retirement,  and  no  more. 

n»r.  s,  1838.       For  the  pay  of    *     *     *    one  hundred  masters,  the  title 

22stat.L.,472.  of  which  grade  is  hereby  changed  to  that  of  lieutenants. 

Masters  in 
Navy  to  be  styled 
lieutenants.  R. 
S.,  sees.  1362, 
1363,  1466,  1556. 

— 1«  be  a  junior     And  the  masters  now  on  the  list  shall  constitute  a  junior 
grade  of,  and  be  commissioned  as,  lieutenants,  having  the 


PAY    AND    ALLOWANCES.  91 

same  rank  and  pay  as  now  provided  by  law  for  masters, 
but  promotion  to  and  from  said  grade  shall  be  by  examina- 
tion as  provided  by  law  for  promotion  to  and  from  the 
grade  of  master, 

And  nothing  herein  contained  shall  be  so  construed  as  cr^v  not  in- 
to  increase  the  pay  now  allowed  by  law  to  any  officer  in  the™ 
line  or  staff; 

Ensigns,  during  the  first  five  years  after  date  of  commis-  Ensigns. 
sion,  when  at  sea,  one  thousand  two  hundred  dollars;  on 
shore  duty,  one  thousand  dollars;  on  leave,  or  waiting 
orders,  eight  hundred  dollars;  after  five  years  from  such 
date,  when  at  sea,  one  thousand  four  hundred  dollars;  on 
shore  duty,  one  thousand  two  hundred  dollars;  on  leave, 
or  waiting  orders,  one  thousand  dollars.  Ensigns,  junior 
grade,  the  pay  of  midshipmen. 

Midshipmen,  after  graduation,  when  at  sea,  one  thou-    Midshipmen. 
sand  dollars;  on  shore  duty,  eight  hundred  dollars;  (*n  a,  v.  ?e,  jj^sso  j 
leave,  or  waiting  orders,  six  hundred  dollars.     [Grade  Feb-  2y87t'T'  J?' 
abolished. 


Ninety-one  midshipmen,  the  title  of  which  grade  is  hereby  be^tyiel^s?  to 
changed  to  that  of  ensign.  R.s.,secs.i3t>2,' 

And  the  midshipman  now  on  the  list  shall  constitute  a  ~^ebe  a  Junior 
junior  grade  of,  and  be  commissioned  as,  ensigns,  having  ^june  26,  ISM, 
the  same  rank  and  pay  as  now  provided  by  law  for  mid-  ch-  122)  p-  446- 
shipmen,  but  promotions  to  and  from  said  grade  shall  be 
under  the  same  regulations  and  requirements  as  now  pro- 
vided by  law  for  promotion  to  and  from  the  grade  of  mid- 
shipmen, 

And  nothing  herein  contained  shall  be  so  construed  as  crfa^dnot  in' 
to  increase  the  pay  now  allowed  by  law  to  any  officer  of 
said  grade  or  of  any  officer  of  relative  rank; 

Cadet  midshipmen  [naval  cadets],  five  hundred  dollars  ;  m^et  midship' 
during  such  period  of  their  course  of  instruction  as  they  shall  July  15,  mo,  s. 
be  at  sea  in  other  than  practice  ships,  shall  each  receive  «SMar.'3?i877,'v3i9| 
annual  pay  not  exceeding  nine  hundred  and  fifty  dollars.  ft™90'  Au£-  5> 

1882, 

Cadet  engineers,  before  final  academic  examination,  fivene^det  engi' 
hundred  dollars;  after  final  academic  examination,  and  July  4,  1864,  8. 
until  warranted  as  assistant  engineers,  when  on  duty  at  Ma£  seises,  fi,' 
sea,  one  thousand  dollars;  on  shore  duty,  eight  hundred  J^PJ  539;  July 
dollars;  on  leave,  or  waiting  orders,  six  hundred  dollars.  p.  330-332.  '"* 
[Now  styled  naval  cadets.]  See  note  2- 

And  the  said  mates  shall  be  entitled  to  receive  annual 


pay  at  the  rates  following:  when  at  sea,  one  thousand  two  ^- *™<  j^/3^ 
hundred  dollars;  on  shore  duty,  nine  hundred  dollars;  on  staf.', 212. 
leave,  or  waiting  orders,  seven  hundred  dollars. 

Fleet- surgeons, fleet-paymasters,  and  fleet-engineers,  four  j^fi^im,*. 
thousand  four  hundred  dollars.  3,v.i6,p.33o.  ' 

Medical  directors,  medical  inspectors,  pay  directors,  and  or^andaind8pect- 
pay  inspectors,  and  chief  engineer,  having  the  same  rank  ors,  pay  direct- 
as  pay  director  and  pay  inspector,  when  on  duty  at  sea,  four  o™,  aSd  JhfeKi- 
thousand  four  hundred  dollars.  ginW  of  same 


rank  etc 


Note  2.—  The  act  of  Aug.  5,  1882,  22  Stat.  L.,  p.  284,  changing  the  title  of  all  students 
at  the  Academy  to  naval  cadets,  gives  them  the  pay  cadet  midshipmen  were  then 


receiving 


92          LAWS   RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 


3  Jvlyi65'  18733i  '     When  n°fc  a*  sea,  the  same  as  surgeons  and  paymasters, 

Mai!  3,  1871,'  as.  5,;  respectively. 

6,  v.  16,  p.  535; 
Mar.  3,  1873,  s.  1, 
v.  17,  p.  555. 

surgeons,  pay-     Surgeons,  paymasters,  and  chief  engineers  who  have  the 

masters,  and  ,      '  K,  "  -,       .          ,  ,  °   ,,       ,   ^  ~, 

chief  engineers.  same  rank  with  paymasters,  during  the  first  five  years  after 
date  of  commission,  when  at  sea,  two  thousand  eight  hun- 
dred dollars;  on  shore  duty,  two  thousand  four  hundred 
dollars  ;  on  leave,  or  waiting  orders,  two  thousand  dollars  ; 
during  the  second  five  years  after  such  date,  when  at  sea, 
three  thousand  two  hundred  dollars;  on  shore  duty,  two 
thousand  eight  hundred  dollars  ;  on  leave,  or  waiting  orders, 
two  thousand  four  hundred  dollars  ;  during  the  third  five 
years  after  such  date,  when  at  sea,  three  thousand  five  hun- 
dred dollars;  on  shore  duty,  three  thousand  two  hundred 
dollars  ;  on  leave,  or  waiting  orders,  two  thousand  six  hun- 
dred dollars  ;  during  the  fourth  five  years  after  such  date, 
when  at  sea,  three  thousand  seven  hundred  dollars;  on 
shore  duty,  three  thousand  six  hundred  dollars;  on  leave, 
or  waiting  orders,  two  thousand  eight  hundred  dollars; 
after  twenty  years  from  such  date,  when  at  sea,  four  thou- 
sand two  hundred  dollars  ;  on  shore  duty,  four  thousand 
dollars;  on  leave,  or  waiting  orders,  three  thousand  dollars. 
passed  assist-  Passed  assistant  surgeons,  passed  assistant  paymasters, 

ant   surgeons,         -  .    .  '     .  ..  -     % 

paymasters,  and  and  passed  assistant  engineers,  during  the  first  five  years 

en!uiyei5!'i87o,  s.  after  date  of  appointment,  when  at  sea,  two  thousand  dol- 

3,  v.  16,  'p.  solars;  on  shore  duty,  one  thousand  eight  hundred  dollars; 

v^p4.1!?874'8'1'011  leave,  or  waiting  orders,  one  thousand  five  hundred 

dollars  ;  after  five  years  from  such  date,  when  at  sea,  two 

thousand  two  hundred  dollars;  on  shore  duty,  two  thou- 

sand dollars;   on  leave  or  waiting  orders,  one  thousand 

seven  hundred  dollars. 

geo^ns^ayma^     Assistant  surgeons,  assistant  paymasters,  and  assistant 

ters,  'and  engi-  engineers,  during  the  first  five  years  after  date  of  appoint- 

nejniy  15  1870  8  ment,  when  at  sea,  one  thousand  seven  hundred  dollars; 

3,  v.  16,  'p.  330;  on  shore  duty,  one  thousand  four  hundred  dollars  ;  on  leave, 

v.ei8,p.rr.        'or  waiting  orders,  one  thousand  dollars;  after  five  years 

from  such  date,  when  at  sea,  one  thousand  nine  hundred 

dollars;  on  shore  duty,  one  thousand  six  hundred  dollars; 

on  leave,  or  waiting  orders,  one  thousand  two  hundred 

dollars. 


Assistant  surgeons  of  three  years'  service,  who  have  been 
found  qualified  for  promotion  by  a  medical  board  of  exam- 
ie'  8|53571'  8  iners?  *ue  Pay  °f  passed  assistant  surgeons. 

c°"  ^aval  constructors,  during  the  first  five  years  after  date 
of  appointment,  when  on  duty,  three  thousand  two  hundred 
dollars;  on  leave,  or  waiting  orders,  two  thousand  two 
hundred  dollars;  during  the  second  five  years  after  such 
date,  when  on  duty,  three  thousand  four  hundred  dollars; 
on  leave,  or  waiting  orders,  two  thousand  four  hundred 
dollars;  during  the  third  five  years  after  such  date,  when 
on  duty,  three  thousand  seven  hundred  dollars;  on  leave, 
or  waiting  orders,  two  thousand  seven  hundred  dollars; 
during  the  fourth  five  years  after  such  date,  when  on  duty, 
four  thousand  dollars;  on  leave,  or  waiting  orders,  three 
thousand  dollars  ;  after  twenty  years  from  such  date,  when 


PAY   AND    ALLOWANCES.  93 

on  duty,  four  thousand  two  hundred  dollars  ;  on  leave,  or 
waiting  orders,  three  thousand  two  hundred  dollars. 

Assistant  naval  constructors,  during  the  first  four  years  ^ssistantnavai 
after  date  of  appointment,  when  on  duty,  two  thousand  cojuiyUiVi87o,  s. 
dollars;   on  leave,  or  waiting  orders,  one  thousand  five  3>  v-  ^  P-  331- 
hundred  dollars;  during  the  second  four  years  after  such 
date,  when  on  duty,  two  thousand  two  hundred  dollars  ;  on 
leave,  or  waiting  orders,  one  thousand  seven  hundred  dol- 
lars; afterlight  years  from  such  date,  when  on  duty,  two 
thousand  six  hundred  dollars;  on  leave,  or  waiting  orders, 
one  thousand  nine  hundred  dollars. 

Chaplains,  during  the  first  five  years  after  date  of  com-    chaplains. 
mission,  when  at  sea,  two  thousand  five  hundred  dollars  ;  3,  Vui6,  p'm.  '  8' 
on  shore  duty,  two  thousand  dollars  ;  on  leave,  or  waiting 
orders,  one  thousand  six  hundred  dollars  ;  after  five  years 
from  such  date,  when  at  sea,  two  thousand  eight  hundred 
dollars;  on  shore  duty,  two  thousand  three  hundred  dol- 
lars ;  on  leave,  or  waiting  orders,  one  thousand  nine  hundred 
dollars. 

Professors  of  mathematics  and  civil  engineers,  during    Professors   of 

M-»        j»  j»  n,  -i     .          ,-  •     ,  '  i  mathematics  and 

the  first  five  years  after  date  of  appointment,  when  on  civil  engineers. 

duty,  two  thousand  four  hundred  dollars;    on  leave,  or  3  ^Jf  p5^0'  8- 

waiting  orders,  one  thousand  five  hundred  dollars;  dur- 

ing the  second  five  years  after  such  date,  when  on  duty, 

two  thousand  seven  hundred  dollars  ;  on  leave,  or  wait- 

ing orders,  one  thousand  eight  hundred  dollars;  during 

the  third  five  years  after  such  date,  when  on  duty,  three 

thousand  dollars;  on  leave,  or  waiting  orders,  two  thou- 

sand one  hundred  dollars;   after  fifteen  years  from  such 

date,  when  on   duty,  three   thousand  five  hundred  dol- 

lars ;  on  leave,  or  waiting  orders,  two  thousand  six  hun- 

dred dollars. 

Boatswains,  gunners,  carpenters,  and^sail-  makers,  during  warrant  offi- 
the  first  three  years  after  date  of  appointment,  when  atceBoatswains, 
sea,  one  thousand  two  hundred  dollars;  on  shore  duty, 


nine  hundred  dollars;  on  leave,  or  waiting  orders,  seven    Juiyi5,i870,ii 

hundred  dollars;  during  the  second  three  years  after  such  3)  Vt  18)  p<  8b2> 

date,  when  at  sea,  one  thousand  three  hundred  dollars  ;  on 

shore  duty,  one  thousand  dollars;   on  leave,  or  waiting 

orders,  eight  hundred  dollars  ;  during  the  third  three  years 

after  such  date,  when  at  sea,  one  thousand  four  hundred 

dollars;  on  shore  duty,  one  thousand  three  hundred  dol- 

lars; on  leave,  or  waiting  orders,  nine  hundred  dollars; 

during  the  fourth  three  years  after  such  date,  when  at  sea, 

one  thousand  six  hundred  dollars;   on  shore  duty,  one 

thousand  three  hundred  dollars;    on  leave,   or  waiting 

orders,  one  thousand  dollars  ;  after  twelve  years  from  such 

date,  when  at  sea,  one  thousand  eight  hundred  dollars  ;  on 

shore  duty,  one  thousand  six  hundred  dollars  ;  on  leave,  or 

waiting  orders,  one  thousand  two  hundred  dollars. 

Secretary  of  the  Naval  Academy,  one  thousand  eight  g  ™ft  Jf^0'  *' 
hundred  dollars. 

First  clerks  to  commandants  of  navy-yards,  one  thousand  m™£  daVtVTf 
five  hundred  dollars.  yards  and  sta- 

Second  clerks  to  commandants  of  navy-yards,  one  thou- 
sand two  hundred  dollars. 


94    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Clerk  to  commandant  of  navy-yard  at  Mare  Island,  one 
thousand  eight  hundred  dollars. 

Clerks  to  commandants  of  naval  stations,  one  thousand 
five  hundred  dollars. 

masters8  *°  pay  Clerks  to  paymasters  at  navy-yards,  Boston,  New  York, 
Philadelphia,  and  Washington,  one  thousand  six  hundred 
dollars ;  Kittery,  Norfolk,  and  Pensacola,  one  thousand  four 
hundred  dollars;  Mare  Island,  one  thousand  eight  hundred 
dollars. 

Clerks  to  paymasters,  at  other  stations,  one  thousand 
three  hundred  dollars. 

Clerks  to  paymasters  of  receiving- ships  at  Boston,  New 
York,  and  Philadelphia,  one  thousand  six  hundred  dollars; 
at  Mare  Island,  one  thousand  eight  hundred  dollars;  of 
other  receiving- ships,  one  thousand  three  hundred  dollars. 

Clerks  to  paymasters  on  vessels  of  the  first  rate,  one 
thousand  three  hundred  dollars;  on  vessels  of  the  second 
rate,  one  thousand  one  hundred  dollars ;  on  vessels  of  the 
third  rate,  and  supply- vessels  and  store-ships,  one  thousand 
dollars. 

Clerks  to  fleet  paymasters,  one  thousand  one  hundred 
dollars. 

Clerks  to  paymasters  at  the  Naval  Academy  and  Naval 
Asylum,  one  thousand  three  hundred  dollars. 

specters8  *°  '""     Clerks  to  inspectors  in  charge  of  provisions  and  clothing, 
July  15, 1870,  s.  at  navy-yards,  Boston,  New  York,  Philadelphia,  and  Wasli- 
3, v.  16, p. 332.      ington,  one  thousand  six  hundred  dollars;  to  inspectors  in 
like  charge  at  other  inspections,  one  thousand  three  hun- 
dred dollars. 

w S  enreaUoweX'  SEO' 2a  Tnat  ^ereafter  no  officer  of  the  Navy  shall  be  em- 
and  how  ordered',  ployed  on  any  shore  duty,  except  in  cases  specially  provided 
by  law,  unless  the  Secretary  of  the  Navy  shall  determine 
that  the  employment  of  an  officer  on  such  duty  is  required 
by  the  public  interests,  and  he  shall  so  state  in  the  order 
of  employment,  and  also  the  duration  of  such  service,  be. 
yond  which  time  it  shall  not  continue. 

July  19, 1*92.      And  the  provisions  of  section  two  of  the  naval  appro- 
27  stat.  L.  236.  priation  act  approved  March  third,  eighteen  hundred  and 
189^-5,  pK4o. S' '  eighty- three,  shall  be  so  modified  that  hereafter  orders  of 
Shore  duty  or- the  Secretary  of  the  Navy  employ  ing  officers  on  shore  duty 
state  duration.0  shall  state  that  such  employment  is  required  by  the  public 
Mar  S3M  ^sss^ch'  iQ^erests,  but  need  not  state  the  duration  of  such  service. 
97,8.2(isupp'.n.j     SEC.  1557.  Officers  on  furlough  shall  receive  only  one- 
S'F^iough  pay.  half  of  the  pay  to  which  they  would  have  been  entitled  if 
Mar.  3, 1835,  V.  on  leave  of  absence. 

1,  v.  4,  p.  756; 
Mar.  3, 1845,  8.  6, 
v.  5,  p.  794 ;  June 
1,  1860,  8. 4,  v.  12, 
p.  27.  See  sec. 
1593. 

NO  additional  SEC.  1558.  The  pay  prescribed  in  the  two  preceding  sec- 
ceptwaa8Ce8herefations  shall  be  the  full  and  entire  compensation  of  the  sev- 
specifiejL  ^^  ^  eraj  officers  therein  named,  and  no  additional  allowance  shall 
4,  v.  yie,  'p.  332.  be  made  in  favor  of  any  of  said  officers  on  any  account  what- 
see  sec.  4688.  ever,  except  as  hereinafter  provided. 

Z?,iu  n  * e  e  r     SEC.  1559.  When  a  volunteer  naval  service  is  authorized 
by  law,  the  officers  therein  shall  be  entitled  to  receive  the 


PAY    AND    ALLOWANCES.  95 

same  pay  as  officers  of  the  same  grades,  respectively,  in  July  1Q>  1862' 
the  Regular  Navy. 

SEC.  1500.  The  pay  of  an  officer  of  the  Navy,  upon  hism^m$enp^- 
original  entry  into  the  service,  except  where  he  is  required  original  entry/  ' 
to  give  an  official  bond,  shall  commence  upon  the  date  of^^ie.^m0'8' 
his  acceptance  of  his  appointment;  but  where  he  is  required 
to  give  such  bond  his  pay  shall  commence  upon  the  date  of 
the  approval  of  his  bond  by  the  proper  authority. 

SEC.  1561.  When  an  officer  is  promoted  in  course  to  fill  a    com  men  ce- 

,     .       .        .,  f,  „    .,         ,     ,  .  „   , ,       ment  of  pay   of 

vacancy,  and  is  in  the  performance  of  the  duties  of  the  promo  ted  offi- 
higher  grade  from  the  date  he  is  to  take  rank,  he  may  be06^^  1870  8 
allowed  the  increased  pay  from  such  date.  7,  v.  ie,  'P.  333! 

June  5,  1872,  s.  1, 
v.  17,  p.  226.  See 
June  22,  1874. 

That  on  and  after  the  passage  of  this  act,  any  officer  of  June  22> l*™- 
the  Navy  who  may  be  promoted  in  course  to  fill  a  vacancy    Comm  en  co- 
in the  next  higher  grade  shall  be  entitled  to  the  pay  of  the  pre0motionpay  °n 
grade  to  which  promoted  from  the  date  he  takes  rank  therein,    June  22,  1374, 
if  it  be  subsequent  to  the  vacancy  he  is  appointed  to  note  u'nd^r  ™o6 

fill        *      *      *  motion.    The  act 

of  June  22,  1874, 
here  given, 
doubtless  takes 
the  place  of  sec. 
1561. 

SEC.  1562.  If  an  officer  of  a  class  subject  to  examination    in  case  of  de- 
before  promotion  shall  be  absent  on  duty,  and  by  reason  of  JjJJ?   examina- 
such  absence,  or  of  other  cause  not  involving  fault  on  his    July  is,  1870,  s. 
part,  shall  not  be  examined  at  the  time  required  by  law  or  s'eJ June  2%  1874! 
regulation,  and  shall  afterward  be  examined  and  found 
qualified,  the  increased  rate  of  pay  to  which  his  promotion 
would  entitle  him  shall  commence  from  the  date  when  he 
would  have  been  entitled  to  it  had  he  been  examined  and 
found  qualified  at  the  time  so  required  by  law  or  regula- 
tion ;  and  this  rule  shall  apply  to  any  cases  of  this  descrip- 
tion which  may  have  heretofore  occurred.    And  in  every 
such  case  the  period  of  service  of  the  party,  in  the  grade 
to  which  he  was  promoted,  shall,  in  reference  to  the  rate  of 
his  pay,  be  considered  to  have  commenced  from  the  date 
when  he  was  so  entitled  to  take  rank. 

SEC.  1564.  Any  person  performing  the  duties  of  paymas-  Title  is,  chap.  8. 
ter,  acting  assistant  paymaster,  or  assistant  paymaster,  in  a  Person  acting 
ship  at  sea,  or  on  a  foreign  station,  or  on  the  Pacific  coast  of  ^h££ ^o^vt 
the  United  States,  by  appointment  of  the  senior  officer  pres-  cantnin°  shipVat 
ent,  in  case  of  vacancy  of  such  office,  in  accordance  with  the  8ejuiy  ]7)  i86i,  8. 
provisions  of  section  thirteen  hundred  and  eighty-one,  and  *,  v.  12, '  P.  2k' 
not  otherwise,  shall  be  entitled  to  receive  the  pay  of  such  der  Pa°y  Corp™" 
grade  while  so  acting.  see  sec.  issi, 

under  Pay  Corps. 

SEC.  1565.  The  pay  of  chiefs  of  Bureaus  in  the  Navy  Chief8  of  Bu 
Department  shall  be  the  highest  pay  of  the  grade  to  which  r°Mar.  3, 1371,  s. 
they  belong,  but  not  below  that  of  commodore.  i2,v.i6,P.537. 

SEC.  1567.  Officers  who  are  ordered  to  take  charge  of  J^j^*£J£f 
naval  stores  for  foreign  squadrons,  in  the  place  of  naval  on  foreign  sta- 
storekeepers,  shall  be  entitled  to  receive,  while  so  employed,  "jSien,  1844>  8. 
the  shore-duty  pay  of  their  grades ;  and  when  the  same  is  1,  v.  5,  p.  700. 
less  than  fifteen  hundred  dollars  a  year,  they  may  be  allowed 


96     LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

compensation,  including  such  shore-duty  pay,  at  a  rate  not 
exceeding  fifteen  hundred  dollars  a  year. 
civilians  store-     gECp  1508.  Civilians  appointed  as  storekeepers  on  foreign 

keepers    011    for-     ,,•,,,•  ,• 

eign  stations,      stations  shall  receive  compensation  for  such  services,  at  a 
i  y  e517'P1847oo:  rate  11Qt  exceeding  fifteen  hundred  dollars  a  year. 

Mar!  3,  1847,  s.  3,' 
v.  9,  p.  172. 

^Pay  of  enlisted     gEC.  1569.  The  pay  to  be  allowed  to  petty  officers,  except- 

mA-pr.i8, 1814,8.  ing  mates  and  the  pay  and  bounty  upon  enlistment  of  sea- 

llVmf'sll6^9ap  men?  ordinary  seamen,  firemen,  and  coal-heavers,  in  the 

173;  j'uiy  i,i864,' naval  service,  shall  be  fixed  by  the  President:  Provided, 

Mark's lis&, s.4l,!  That  the  whole  sum  be  given  for  the  whole  pay  aforesaid, 

v.i3,P]539. '       and  for  the  pay  of  officers,  and  for  the  said  bounties  upon 

enlistments  shall  not  exceed,  for  any  one  year,  the  amount 

which  may,  in  such  year,  be  appropriated  for  such  purposes. 

fof  d2JSpas     SEC-  1570<  Every  seaman,  ordinary  seaman,  or  landsman 
firemen aud  coal-  who  performs  the  duty  of  a  fireman  or  coal-heaver  on  board 
heMarrai,  1869,  s.  °f  any  vessel  of  war  shall  be  entitled  to  receive,  in  addition 
2,  v.  15,  p.' 280.  '    to  his  compensation  as  seaman,  ordinary  seaman,  or  lands- 
man, a  compensation  at  the  rate  of  thirty-three  cents  a  day 
for  the  time  he  is  employed  as  fireman  or  coal-heaver. 
en      ^EC'  1572.  All   petty  officers  and    persons    of   inferior 
'"  ratings  who  are  detained  beyond  the  terms  of  service, 
.ccor(li11S'  to  the  provisions  of  section  fourteen  hundred 
^  sec.  1422,  and  twenty  -two,  or  who,  after  the  termination  of  their 
service,  voluntarily  re-enter,  to  serve  until  the  return  to  an 
Atlantic  port  of  the  vessel  to  which  they  belong,  and  until 
their  regular  discharge  therefrom,  shall,  for  the  time  during 
which  they  are  so  detained  or  so  serve  beyond  their  origi- 
nal terms  of  service,  receive  an  addition  of  one-fourth  of 
their  former  pay. 
Bounty  pay  for     gECj  1573.  if  any  seaman,  ordinary  seaman,  landsman, 

reenlisting.  ,,  rf  7..          ,  *  i-iT-i  -i 

Mar.  2, 1855, 8.  fireman,  coal-heaver,  or  boy,  being  honorably  discharged, 

June?1 1864' v6i3;s^a^  re-enlist  for  three  years,  within  three  months  there- 

P.  120. '  '  after,  he  shall,  on  presenting  his  honorable  discharge,  or  on 

accounting  in  a  satisfactory  manner  for  its  loss,  be  entitled 

to  pay,  during  the  said  three  months,  equal  to  that  to  which 

he  would  have  been  entitled  if  he  had  been  employed  in 

actual  service. 

June  11, 1896.      That  the  benefits  of  honorable  discharge  as  conferred  by 
29  stat.L.,  476.  section  fourteen  hundred  and  twenty-six  of  the  Kevised 
VOL!?  p".  5&L   S"  Statutes,  and  of  three  months7  pay  upon  reenlistment  after 
honorable  discharge  as  conferred  by  section  fifteen  hun- 
- dred   and  seventy-three  upon  seamen,  ordinary  seamen, 
laildsmen>  firemen,  coal  heavers  and  boys,  be,  and  the  same 
enlisted  men.     are  hereby,  extended  and  made  applicable  to  all  enlisted 
1573'.  S<1  ^  142°'  persons  in  the  Navy. 

Paymasters'     And  all  accounts  of  paymasters  who  have  made  pay- 

ment8ntsof0mSfe  ments  to  enlisted  men,  not  of  the  classes  named  in  sec- 

to  be  allowed,     tions  fourteen  hundred  and  twenty-six  and  fifteen  hundred 

and  seventy-three,  Eevised  Statutes,  as  if  they  had  been 

included  in  the  provisions  of  said  sections,  shall  be  allowed 

and  passed  by  the  accounting  officers  of  the  Treasury  as  if 

they  had  beeii  included  in  said  sections. 


PAY    AND    ALLOWANCES.  97 

SEC.  1574.  When  the  crew  of  any  vessel  of  the  United    c  r  e  w  s    of 
States  are  separated  from  such  vessel,  by  means  of  her^Seis 
wreck,  loss,  or  destruction,  the  pay  and  emoluments  of  such  j/"1^17'  Jos2'  8' 
of  the  officers  and  men  as  shall  appear  to  the  Secretary  of   ' 
the  Navy,  by  the  sentence  of  a  court-martial  or  court  of 
inquiry,  or  by  other  satisfactory  evidence,  to  have  done 
their  utmost  to  preserve  her,  and,  after  said  wreck,  loss,  or 
destruction,  to  have  behaved  themselves  agreeably  to  the 
discipline  of  the  Navy,  shall  go  on  and  be  paid  them  until 
their  discharge  or  death. 

SEC.  1575.  The  pay  and  emoluments  of  the  officers  and    Crews  of  ves- 
men  of  any  vessel  of  the  United  States  taken  by  an  enemy  enemyken  by  an 
who  shall  appear,  by  the  sentence  of  a  court  martial  or    Idem- 
otherwise,  to  have  done  their  utmost  to  preserve  and  defend 
their  vessel,  and,  after  the  taking  thereof,  to  have  behaved 
themselves  agreeably  to  the  discipline  of  the  Navy,  shall 
go  on  and  be  paid  to  them  until  their  exchange,  discharge, 
or  death. 

SEC.  1576.  Every  assignment  of  wages  due  to  persons   Assignments  of 
enlisted  in  the  naval  service,  and  all  powers  of  attorney,  or  'TtSeao.iwM. 
other  authority  to  draw,  receipt  for,  or  transfer  the  same,  12>  v-  13«  P-  31°- 
shall  be  void,  unless  attested  by  the  commanding  officer 
and  paymaster.    The  assignment  of  wages  must  specify  the 
precise  time  when  they  commence. 

SEC.  1588.  The  pay  of  all  officers  of  the  Navy  who  have    Pay  of  retired 
been  retired  after  forty-five  years'  service  after  reaching  ofljcuTy8i5,  1870|  8. 
the  age  of  sixteen  years,  or  who  have  been  or  may  be5-  v-  16.  P-  333  1 
retired  after  forty  years'  service,  upon  their  own  a.pplica-  v.  17,  p.  555!'  8'  *' 
tion  to  the  President,  or  on  attaining  the  age  of  sixty-two^66,^1^^" 
years,  or  on  account  of  incapacity  resulting  from  long  andmTnt."   Th/it 
faithful  service,  from  wounds  or  injuries  received  in  the  J^Sror.  clearly 
line  of  duty,  or  from  sickness  or  exposure  therein,  shall,    See  under  sec. 
when  not  on  active  duty,  be  equal  to   seventy-five  percent.  E 
centum  of  the  sea-pay  provided  by  this  chapter  for  the 
grade  or  rank  which  they  held,  respectively,  at  the  time  of 
their  retirement.    The  pay  of  all  other  officers  on  the 
retired  list  shall,  when  not  on  active  duty,  be  equal  to  one- 
half  the  sea-pay  provided  by  this  chapter  for  the  grade  or 
rank  held  by  them,  respectively,  at  the  time  of  their  retire- 
ment. 

SEC.  1589.  Bear-admirals  on  the  retired  list  of  the  Navy,  re§JJJ'adniiral8> 
who  were  retired  as  captains  when  the  highest  grade  in  the  ie  June  5,  1372,  s. 
Navy  was  captain,  at  the  age  of  sixty-  two  years,  or  after 
forty-five  years'  service,  and  who,  after  their  retirement,  v.n'.p!  555'.' 
were  promoted  to  the  grade  of  rear-admiral,  and  performed 
the  duties  of  that  grade  in  time  of  war,  shall  be  considered 
as  having  been  retired  as  rear-admirals. 

SEC.  1590.  Officers  who  have  been  retired  as  third  assist- 


,   ,,     ,  .  .  -.engineers,  re- 

ant  engineers  shall  continue  to  receive  pay  at  the  rate  of  tired.   Grade 


four  hundred  dollars  a  year.  S,1Sd  July 

Mar.  3,  1859,  s.  2,  v.  11,  p.  407;  Aug.  3,  1861,  s.  22,  v.  12,  p.  290;  July  16,  1862,  si  20,  v.  12, 
p.  587  ;  Apr.  12,  1864,  s.  7,  v.  13,  p.  54  ;  July  15,  1870,  s.  5,  v.  16,  p.  333. 


98    LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

creased  "b*  *«>'  ®EC.  1591.  No  officer,  heretofore  or  hereafter  promoted 
motion.  °  upon  the  retired  list,  shall,  in  consequence  of  such  promo- 
5  J\ulji515'p87333-  ti°n>  be  entitled  to  any  increase  of  pay. 

Mar.  2,  1867,  s.  9, 
v.  14,  p.  517. 

diJtay  °n  active     ^E0*  1^92.  Officers  on  the  retired  list,  when  on  active 
Vor.  2, 1867,  s.  duty,  shall  receive  the  full  pay  of  their  respective  grades. 

9,  v.  14,  p.  517; 
June  1,  I860,  s.  5, 
v  12  D  27 

'officers 'retired  SEC.  1593.  Officers  placed  on  the  retired  list,  on  furlough 
^Mar^fsa?,*!'  pay,  shall  receive  only  one-half  of  the  pay  to  which  they 
l-  ,v- *'Pk  75?;  would  have  been  entitled  if  on  leave  of  absence  on  the 

.rel).  £O,  loOO,  S.  6,  ..  i .     , 

v.  10,  p.  616;  Jan.  active  list. 
16, 1857,  s.  l,v.  11, 
p.  154;  Aug.  3, 
1861,  s.  23,  v.  12,  p. 
291;  July  28, 1866, 
s.  2,  v.  14,  p.  345; 
Jan.  30,  1875,  v. 
18,  p.  504.  See 
sec.  1594,  Fur- 
lough. 

Title  56.          SEC.  4688.  The  Secretary  of  the  Treasury  may  make  such 
Allowance  ibr  allowances  to  the  officers  and  men  of  the  Army  and  Navy, 
8Ujunei2Ci858  s  wn^e  employed  on  Coast  Survey  service,  for  subsistence,  in 
i,vUn%.3i9.  '  '  addition  to  their  compensation,  as  he  may  deem  necessary, 
see  note  3.       no^.  exceeding  the  sum  authorized  by  the  Treasury  regula- 
tion of  the  eleventh  day  of  May,  eighteen  hundred  and 
forty-four. 

FURLOUGH  AND  FURLOUGH  PAY. 


Sec. 

1442.  Placing  on  furlough. 

1557.  Furlough  pay. 


Sec. 

1594.  Transfer  from  furlough  to  retired 
pay. 


Title  is,  chap.  2.     SEC.  1442.  The  Secretary  of  the  Navy  shall  have  author- 
Placing  on  fur-  ity  to  place  on  furlough  any  officer  on  the  active  list  of  the 

lough.    SeeArti-7^avv 

cles  for  Govern-  a  dtVJ' 

men  t  of  the  Navy, 

Miscellaneous 

Provisions,    sec. 

1442.     Mar.    3, 

1835  s.  1,  v.  4,  p. 

756;  Mar.  3,1845, 

s.  6,  v.  5,  p.  794; 

Feh.  28,  1855,  s.  3, 

v.  10,  p.  617  ;  June 

1,1860,  8.  4,v.  12, 

p.  27.    See  note  2. 

Title  is,  chap.  8.     SEC.  1557.  Officers  on  furlough  shall  receive  only  one- 
y.  half  of  the  pay  to  which  they  would  have  been  entitled  if 
on  leave  of  absence. 

3,'  1845,  8.6,v.5,p'. 
794;  June  1,1860, 
s.  4,  v.  12,  p.  27. 

SEC-  1594<  The  President,  by  and  with  the  advice  and 


ired  pay.          consent  of  the  Senate,  may  transfer  any  officer  on  the  re- 
3  Jv!nii6>p85i548;  tired  list  from  the  furlough  to  the  retired-pay  list, 

July  16,  '  1862,  a.  20,  v.  12,  p.  587.    See  note  1. 

Note  1.—  When  an  officer  is  transferred,  as  authorized  by  this  section,  the  causes 
for  his  retirement  determine  the  rate  of  l>is  pay  under  section  1588.  An  officer  retired 
on  furlough  pay  from  causes  not  incident  to  the  service  can  not  bo  transferred  to  the 
75  per  cent  pay  list.  If  so  transferred  by  nomination  and  continuation,  it  would  not 
be  the  duty  of  the  accounting  officer  to  pay  him  75  per  cent  of  sea  pay.  (Oi»..  XVI. 
p.23,Deven8,May29,1878.) 

Note  2.—  An  act  approved  January  30,  1875,  v.  18,  p.  304,  allows  difference  of  pay  to 
certain  officers,  or  tneir  heirs,  who  were  furloughed  under  the  act  of  February  28, 
1855,  and  subsequently  restored  to  the  active  list. 

NoteS.  —  Additional  allowances  for  subsistence  may  be  legally  made  to  officers  of 
the  Army  or  Navy  while  employed  on  Coast  Survey  service.  The  word  "  pay  "  in  sec- 
tion 4684,  Coast  Survey,  Division  III,  refers  to  the  pay  proper  of  an  officer.  (Op., 
XV,  p.  283,  Devens,  May  23,  1877.) 


EXTRA   PAY,  EXTRA    SALARIES,  ETC. 


99 


EXTKA  PAY,  EXTRA   SALARIES,  ETC. 


Sec. 

170.  To  clerks  prohibited. 
1763.  Double  salaries. 
1704..  Extra  services. 
170").  Extra  allowances. 
2687.  Apportionment  of  salaries. 


Sec. 

3654.  Extra  compensation  for  disburse- 
ments. 

Extra  pay — Mexican  war.   Extra  compen- 
sation to  civil  olhcers  forbidden. 


SEC.  170.  No  money  shall  be  paid  to  any  clerk  employed       Titl°  *• 


iii  either  Department  at  aii  annual  salary,  as  compensation    Extra  compen- 
for  extra  services,  unless  expressly  authorized  by  law.         proh?bited.clerk8 

June  17,  1844,  s. 
1,  v.  5,  pp.  681, 
687;  Mar.  3,1863, 
s.  3,  v.  10,  pp.  209, 
211  ;  Feb.  28,  1867, 
res.  30,  s.  2,  v.  14, 
p.  569.  See  same 
sec.,  Civil  Ser- 
vice, Division  II. 

Title  19- 


SEC.  1763.  No  person  who  holds  an  office,  the  salary  or 


annual  compensation  attached  to  which  amounts  to  the  sum  Double  salaries. 
of  two  thousand  five  hundred  dollars,  shall  receive  com-  ^"fofp  .ioo2'  8' 
pensation  for  discharging  the  duties  of  any  other  office,  See  June  '20, 
unless  expressly  authorized  by  law. 

No  person  who  holds  an  office  the  salary  or  annual  com-  July  si,  1894. 
pensation  attached  to  which  amounts  to  the  sum  of  two    28Stat.L.,i62. 
thousand  five  hundred  dollars  shall  be  appointed  to  or  hold  ^gjfojig  Pi  ^  20* 
any  other  office  to  which  compensation  is  attached  unless  offices  by  persons 
specially  heretofore  or  hereafter  specially  authorized  thereto  forbidden.    '  °C 

hv  law  R.S.,  sees.  1763- 

Uy  ldW?  1765.     June  20, 

1874,  ch.  328,  s.  3 
lSupp.E.S.,18. 

but  this  shall  not  apply  to  retired  officers  of  the  Army  JS^SfifSS 
or  Navy  whenever  they  may  be  elected  to  public  office  or  tain  cases. 
whenever  the  President  shall  appoint  them  to  office  by  and  msfissT'Mar! 
with  the  advice  and  consent  of  the  Senate.  J-  ch'-  -I38-  8-  ^  l 

Supp.  K.  o.,  481. 

See  notes  1  and 
2. 


SEC.  1764.  No  allowance  or  compensation  shall  be  made 
to  any  officer  or  clerk,  by  reason  of  the  discharge  of  duties  12,  v.  5,  p.  525. 
which  belong  to  any  other  officer  or  clerk  in  the  same  or 
any  other  Department;  and  no  allowance  or  compensation 
shall  be  made  for  any  extra  services  whatever,  which  any 
officer  or  clerk  may  be  required  to  perform,  unless  expressly 
authorized  by  law. 

SEC.  1765.  No  officer  in  any  branch  of  the  public  service,  an^J8tra  allow' 
or  any  other  person  whose  salary,  pay,  or  emoluments  are  Mar.  3,  1839,  s 
fixed  by  law  or  regulations,  shall  receive  any  additional  Aug.  23'  i842,s?  2 
pay,  extra  allowance,  or  compensation,  in  any  form  what-  v' 
ever,  for  the  disbursement  of  public  money,  or  for  any 

Note  1.—  As  to  officers  of  the  Army  on  the  retired  list  holding  other  offices,  see  K.  S., 
sec.  1223,  1875,  Mar.  3,  ch.  178  (1  Supp.  E.  S.,  96)  ;  1883,  Mar.  3,  ch.  134  (1  Supp.  K.  S., 
412)  ;  1891,  Mar.  3.  ch.  540,  par.  3  (1  Supp.  K.  S.,  925). 

Note  2.—  The  act  of  July  31,  1894,  was  construed  by  the  Attorney-  General  in  an 
opinion  rendered  March  23,  1897,  in  which  he  held  that  the  employment  of  a  com- 
petent mathematician,  who  at  the  same  time  was  a  retired  officer  of  the  Navy,  was 
not  precluded  by  the  act  cited. 

Note  3.  —  An  officer  who  has  been  appointed  to  and  is  fully  invested  with  two  dis- 
tinctoffices  may  receive  the  compensation  appropriated  for  each.  Sections  1763,  1764, 
17(55  <!•>  not  apply  to  such  a  case.  It  is  for  the  appointing  power  to  determine  whether 
the  party  can  properly  and  fully  perform  the  duties  of  the  two  offices.  (Op.,  XVI,  7, 
May  9,  1878.  See  also  Op,,  XII,  459,  on  this  subject  ;  also  under  "  Executive  Depart- 
ments," Diviaioa  III.) 


100   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

other  service  or  duty  whatever,  unless  the  same  is  author- 
ized by  law,  and  the  appropriation  therefor  explicitly  states 
that  it  is  for  such  additional  pay,  extra  allowance,  or  com- 
pensation. 

Title  34,  chap.2.      gEC>  2687.  Collectors  and  all  other  officers  of  the  customs, 

Apportionment  serving  for  a  less  period  than  a  year,  shall  not  be  paid  for 

for^rT^a  the  entire  year,  but  shall  be  allowed  in  no  case  a  greater 

year's  service^.     than  a  pro  rata  of  the  maximum  compensation  of  such  offi- 

i,  v.«,p.  SjJuly  cers  respectively  for  the  time  only  which  they  actually  serve 

M  18i86  8'  34'  T'  as  SUC^  c°Uect°rs  or  officers,  whether  the  same  be  under 

one  or  more  appointments,  or  before  or  after  confirmation. 

And  no  collector  or  other  officer  shall,  in  any  case,  receive 

for  his  services,  either  as  fees,  salary,  fines,  penalties,  forfeit- 

ures, or  otherwise,  for  the  time  he  may  be  in  service,  beyond 

the  maximum  pro  rata  rate  provided  by  law.     And  this  sec- 

tion shall  be  applied  and  enforced  in  regard  to  all  officers, 

agents,  and  employe's  of  the  United  States  whomsoever,  as 

well  those  whose  compensation  is  determined  by  a  commis- 

sion on  disbursements,  not  to  exceed  an  annual  maximum, 

as  those  paid  by  salary  or  otherwise. 

Title  40-          SEC.  3654.  No  extra  compensation  exceeding  one-eighth 

Extra  compen-  of  one  per  centum  shall  in  any  case  be  allowed  or  paid  to 

bura(Mnefnt8.dl8  anv  officer,  person,  or  corporation  for  disbursing  moneys 

Mar.  3,  1869,  v.  appropriated  to  the  construction  of  any  public  building. 

15,    p.    312.     SGC 
Mar.  3,  1875. 

Mar.  3,  1875.       The  provisions  of  the  act  of  March  3,  1869  [sec.  3654],  were 

Mar.  3,  1875,  v.  intended  and  shall  be  deemed  and  held  to  limit  the  compen- 

is,  p.  415.  sation  to  be  allowed  to  any  disbursing  officer  who  disburses 

moneys  appropriated  for  and  expended  in  the  construction 

of  any  public  building  as  aforesaid  to  three-eighths  of  one 

per  centum  for  said  services. 

jane  go,  1874.      That  no  civil  officer  of  the  Government  shall  hereafter 
Extra  compen-  receive  any  compensation  or  perquisites,  directly  or  indi- 
roh!b.  rectly,  from  the  treasury  or  property  of  the  United  States 


itj&ne°o  1874  s  beyond  his  salary  or  compensation  allowed  by  law:  Pro- 
I.T.'UJMJS.  see  vided,  That  this  shallnotbe  construed  to  prevent  the  einploy- 
den^ii  'clse^ind  men*  an(l  payment  of  the  Department  of  Justice  of  district 
xv,  p.  22.  '  atorney  s  as  now  allowed  by  law  for  the  performance  of  serv- 
ices  no^  covered  by  their  salaries  or  fees. 


men.] 

Extra  ^pay.  An  act  approved  February  19,  1879,  chap.  90,  v.  20,  p. 
316,  provides  for  three  months'  extra  pay  (removing  limita- 
tions contained  in  the  act  of  July  19,  1848)  to  those  who 
served  in  the  Army,  Navy,  Marine  Corps,  and  Revenue 
Marine  in  the  war  with  Mexico. 

TRAVELING  EXPENSES. 


Sec. 

Act  June  16, 1874.    Actual  expenses. 

Act  June  30, 1876.    Mileage. 

1566.  Allowance  in  foreign  countries. 


Sec. 

Act  Jan.  18, 1875.    Approval  of  Secretary 

required. 

850.  Clerks,  etc.,  sent  on0  as  witnesses. 
Traveling  expenses  of  naval  cadets. 


June  IB,  1874.  Only  actual  traveling  expenses  shall  be  allowed  to  any 
Traveling  ex-  person  holding  employment  or  appointment  under  the 
United  States,  and  all  allowances  for  mileages  and  trans- 


TRAVELING    EXPENSES    OF    OFFICERS.  101 


portation  in  excess  of  the  amount  actually  paid  are  hereby  1  J™6  1rsee 
declared  illegal;  and  no  credit  shaH  be  allowed  to  any  of  Junes{i876.] 
the  disbursing  officers  of  the  United  States  for  payment    See  note  1* 
or  allowances  in  violation  of  this  provision.   *   ' 

So  much  of  the  act  of  June  16,  1874  [.nipra],  ic>  9^>  i&applica-  «N\ne30,  1876. 
ble  to  officers  of  the  Navy  so  engaged,  is  hereby  repealed  :  Mileage  to  offl- 

uAnd  the  sum  of  eight  cents  per  mile  shall  be  ?Ji<A/edc"h:rff»e£*7y- 

.,  /v-»  1    •!  1       •          1  •  J»    jli     '  •     '  "  J  Jj  ^     '   t       v        '      J  dUt-oJ,  lo/O,  V. 

such  officers,  while  so  engaged,  m  lieu  of  their  actual  ex-  19,  P.  65. 

•nAn«iP<2  "  See  note  2. 

penses.  See   Aug    5 

1862,  22  Stat.  L., 
p.  289. 

Officers  of  the  Navy  traveling  abroad  under  orders  here-    Aug-  5*  1882t 
after  issued  shall  travel  by  the  most  direct  route,  the  occa-    ^avel  5ab^- 
sion  and  necessity  for  such  order  to  be  certified  by  the22stat.L.'p.285'. 
officer  issuing  the  same;  and  shall  receive,  in  lieu  of  the 
mileage  now  allowed  by  law,  only  their  actual  and  reason- 
able expenses,  certified  under  their  own  signatures  and 
approved  by  the  Secretary  of  the  Navy. 

SEC.  156G.  *  *  *  And  an  allowance  may  be  made  to  Title  is,  chap.  8. 
officers  traveling  in  foreign  countries  under  orders,  for  ex-  Allowance  to 
penses  of  transportation  of  baggage  necessarily  incurred.  ^Xg^ou1!? 
And  no  officer  shall  be  paid  mileage,  except  for  travel  actu-  tries,  see  notes. 
ally  performed  at  his  own  expense  and  in  obedience  to  2,vftrp.37578-3jniy 
orders.  ikil8U7,V.i2, 

See  Aug.  5,  1882. 
p.  595;  July  15, 
1870,8.4,  v.  16,  p. 

For  expenses  and  transportation  of  officers  traveling  Jan.  is,  1375. 
under  orders,    *     *     Provided,  That  no  allowance  shall  be    isstat.L.,297. 
made  in  the  settlement  of  any  account  for  traveling  expen-  ^j^^'  p'^ 
ses  unless  the  same  be  incurred  on  the  order  of  the  Secre-  penseleto  nfe  ap- 
tary  of  the  Navy,  or  the  allowance  be  approved  by  him.  *   *  tar^.ed  by  Secre 

1875,  Mar.3,  ch. 
133,  par.  1,  and 
note,  p.  81.  1876, 
June  30.  ch.  159, 
par.  1,  p.  109. 
1882,  Aug.  5,  ch. 
391,  par.  5,  p.  367. 

SEC.  850.  WHen  any  clerk  or  other  officer  of  the  United 
States  is  sent  away  from  his  place  of  business  as  a  witness  nesses. 
for  the  Government,  his  necessary  expenses,  stated  in  items  3  1  vtio2?.1!? 
and  sworn  to,  in  going,  returning,  and  attendance  on  the  'see  note  4. 
court,  shall  be  audited  and  paid;  but  no  mileage,  or  other 
compensation  in  addition  to  his  salary,  shall  in  any  case  be 
allowed. 

Note  1.—  An  act  of  Feb.  22,  1875,  exempted  attorneys,  marshals,  and  clerks  of  the 
United  States  courts  ;  the  clause  of  June  16,  1875,  was  repeated  March  3,  1875,  with 
like  exemption. 

Note  2.—  See  Op.,  XVI,  147  ;  XV,  311  :  XIV,  590,  681,  683  ;  IX,  261,  411,  417  ;  XIII,  526, 
as  to  traveling  expenses,  residence,  etc.  No  mileage  is  allowed  for  travel  abroad. 

NoteS.—  An  officer  of  the  Navy  traveling  abroad  under  orders  is  entitled  under 
the  act  of  August  5,  1882,  to  reinaburseuient  for  hotel  expenses  incurred  at  a  foreign 
port  while  awaiting,  in  obedience  to  his  orders,  the  arrival  of  the  ship  to  which  he 
has  been  ordered.  (Compt.  Dec.,  Vol.  Ill,  p.  785.) 

Note  4.—  The  necessary  expenses  incurred^  by  soldiers  as  witnesses  for  the  Govern- 
ment allowable  under  section  850  may  be  paid  by  marshals  upon  proper  proof  thereof. 
(Op.,  XVI,  147.)  Army  officers  and  soldiers  are  entitled  to  receive  their  necessary 
expenses  in  going,  returning,  and  attendance  on  the  court,  which  must  be  stated  in 
items  and  sworn  to.  They  are  not  in  such  cases  entitled  to  mileage  or  witness  fees. 
The  section  embraces  any  person  who  is  an  employee  of  the  United  States,  in  however 
humble  a  capacity.  (Op.,  XVI,  113.) 


102       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 


PROFESSORS    OF   MATHEMATICS. 


Sec. 
436.  In  charge  of  Nautical  Almanac. 

1399.  Number  allowed. 

1400.  How;  appointed. 
14P1.  Duties. 

1480.  Rank  on  active  list. 


Sec. 

1481.  Rank  when  retired. 

1528.  Duty  at  Naval  Academy. 

1556.  Tay. 

Act  January  20. 1881.  Qualifications. 


SFC.  42C.  The  Secretary  of  the  Navy  may  place  the 
May  bepiaced  supervision   of  the  Nautical  Almanac  in  charge  of  any 
t?cai  Afmanacau  "  officer  °r  professor  of  mathematics  in  the  Navy  who  is 
Pay.  competent  for  that  service.     Such  officer  or  professor,  when 

3,  vr.aii,BpSl8'so  employed,  shall  be  entitled  to  receive  the  shore-duty 

pay  of  his  grade,  and  no  other. 

Title  is,  chap,  i.     SEC.  1399.  The  number  of  professors  of  mathematics  in 
Number.        the  Navy  shall  not  exceed  twelve. 

Aug.  3,  1848,  8. 
12,  v.  9,  p.  272; 
May  31,  1872,  s.  1, 
v.  17,  p.  192. 


Duties. 
Aug.  3,  1848, 
12,  v.  9,  p.  272. 


.     SEC-  14°.°-  Professors  of  mathematics  shall  be  appointed 
12,  v.  9,  p.  272.'    and  commissioned  by  the  President  of  the  United  States, 
an.ao,w8i.  by  aud  ^^  ^  advice  and  consent  of  the  Senate. 

SEC.  1401.  Professors  of  mathematics  shall  perform  such 
duties  as  may  be  assigned  them  by  order  of  the  Secretary 
of  the  Navy,  at  the  Naval  Academy,  the  Naval  Observa- 
tory, and  on  board  ships  of  war,  in  instructing  the  mid- 
shipmen of  the  Navy,  or  otherwise. 

SEC.  1480.  Professors  of  mathematics  shall  have  relative 


rank  as  follows:  Three,  the  relative  rank  of  captain;  four, 


Title  is,  chap.  4. 

Rank. 

i  ^17  31'i9272'  8  ^na^  °f  commander;  and  five,  that  of  lieutenant-commander 
'  see  "Rank'and  or  lieutenant. 

precedence,"  sec. 
1480. 

^Reiativ^rank     SEC.  1481.  *     *     *     Professors  of  mathematics    *    *    * 

from   age    or  who  shall  have  served  faithfully  for  forty-five  years,  shall, 

leifar."8?frliii'  wuen  retired,  have  the  relative  rank  of  commodore;  and 

v.  is,  p.  537.'  '    '*    *    *     who  have  been  or  shall  be  retired  at  the  age  of 

sixty-two  years,  before  having  served  for  forty-five  years, 

but  who  shall  have  served  faithfully  until  retired,  shall,  on 

the  completion  of  forty  years  from  their  entry  into  the  serv- 

ice, have  the  relative  rank  of  commodore. 

Title  is,  ch«p.  s.     gBa  1528.  Three  professors   of   mathematics  shall  be 
Professors   of  assigned  to  duty  at  the  Naval  Academy,  one  as  professor 
SSawRfg.18111  of  ethics  and  English   studies,  one  as  professor  of  the 
May  21,  1864,  ».  Spanish  language,  and  one  as  professor  of  drawing. 

3,  v.  13,  p.  85. 

See  note,  same 
see.,  Naval  Acad- 
emy. 

Title  is,  chap,  s.  SEC.  1556.  *  *  *  Professors  of  mathematics  *  *  * 
during  the  first  five  years  after  date  of  appointment,  when 
0'  "'  on  duty,  two  thousand  four  hundred  dollars;  on  leave,  or 
waiting  orders,  one  thousand  five  hundred  dollars;  during 
the  second  five  years  after  such  date,  when  on  duty,  two 
thousand  seven  hundred  dollars;  on  leave,  or  waiting 
orders,  one  thousand  eight  hundred  dollars;  during  the 
third  five  years  after  such  date,  when  on  duty,  three  thou- 
sand dollars;  on  leave,  or  waiting  orders,  two  thousand  one 
hundred  dollars;  after  fifteen  years  from  such  date,  when 
on  duty,  three  thousand  five  hundred  dollars;  on  leave,  or 
waiting  orders,  two  thousand  six  hundred  dollars. 


Pay. 


3 


PROFESSORS — PROMOTION   OR   ADVANCEMENT.  103 

Hereafter  no  person  shall  be  appointed  a  professor  of  Jan.  20,  issi. 
mathematics  in  the  Navy  until  he  shall  have  passed  a    21  stat.  L.  317, 
physical  examination  before  a  board  of  naval  surgeons,  31fupp<  K;  s>1  p- 
and  a  professional  examination  before  a  board  of  professors    Qualifications. 
of  mathematics  in  the  Navy,  to  be  convened  for  that  pur-  21  p^n.' 1881' v> 
pose  by  the  Secretary  of  the  Navy,  and  received  a  favor- 
able report  from  said  boards. 

That  the  proper  pay  officer  of  the  Navy  be,  and  is  hereby,    S«PP-  R-  s.,voi. 
authorized  to  pay  the  professors  at  the  Naval  Academy,  '  fcy  of  profes- 
whose  compensation  was  affected  by  the  Act  making  appro-  ^dem 
priations  for  the  naval  service  for  the  fiscal  year  ending    Mar.^fisos, ch. 
June  thirtieth,  eighteen  hundred  and  ninety-six,  approved  H^28  stat<  L" 
March  second,  eighteen  hundred  and  ninety- five,  at  the 
rate  of  compensation  fixed  by  that  Act  from  July  first, 
eighteen  hundred  and  ninety- six.     *     * 

PROMOTION  OR  ADVANCEMENT  IN  THE  NAVY. 
GENERAL   PROVISIONS. 

Sec.  |  Sec. 

1407.  Promotion  of  seamen.  1503.  No  officer  to  be  rejected  without 

1447.  Retirement   on  not    passing    both  examination. 


boards. 

1458.  Promotion  to  vacancies  bjr  retire- 
ment. 

Rule  of  promotion,  line  and  staff. 

1493.  Physical  e^ animation. 

1494.  Physical    disqualification  by 

wounds. 

1495.  Examinations,  when,  and  effect  of. 
149G.  Examination  of  professional  fitness. 

1497.  Promotion  to  roar-admiral  in  time 

of  peace. 

1498.  Examining  board. 

1499.  Powers  of. 

—   Restriction  on  examination. 

1500.  Officer  may  be  present,  etc. 

1501.  Record.     ' 

1502.  Revision  by  the  President. 


1504.  Report  of  recommendation. 

1505.  Failing  m  examination. 

Failing  in  moral  examination. 

150C.  Advancement  in  number. 

1507.  Promotion  when  grade  is  full. 

1508.  Officers   receiving  thanks  of  Con- 


1509.  Effect  of  vote  of  thanks. 

1510.  Vacancies  occasioned  by  death,  etc., 

of  officers  thanked. 

1560.  Commencement    of    pay,    original 

entry. 

1561.  Commencement  of  pay  of  promoted 

officers. 

Commencement  of  pay  on  promo- 
tion. 

1562.  Pay  in  delayed  examinations. 


SEC.  1407.  Seamen  distinguishing  themselves  in  battle,  Tiu<>  15,  chap.  i. 
or  by  extraordinary  heroism  in  the  line  of  their  profession,  Promotion  of- 
may  be  promoted  to  forward  warrant  officers,  upon  the^ra^c*J8  war' 
recommendation  of  their  commanding  officer,  approved  by  'May  17,1864,  s. 
the  flag-officer  and  Secretary  of  the  Navy.  And  upon  such  3)  s^3'  ?i  sec. 
recommendation  they  shall  receive  a  gratuity  of  one  hun-  Title"  seamen  in 
dred  dollars  and  a  medal  of  honor,  to  be  prepared  under 
the  direction  of  the  Navy  Department. 

SEC.  1447.  When  the  case  of  any  officer  has  been  acted  Title  16>  <***>•  3- 
upon  by  a  board  of  naval  surgeons  and  an  examining  board  officers  rejected 
for  promotion,  as  provided  in  Chapter  Four  of  this  Title, 
and  he  shall  not  have  been  recommended  for  promotion  by  4>  v13- 
both  of  the  said  boards,  he  shall  be  placed  upon  the  retired 

list.  also  act  Aug.  5, 


SEC.  1458.  The  next  officer  in  rank  shall  be  promoted  to 
the  place  of  a  retired  officer,  according  to  the  established  by 
rules  of  the  service,  and  the  same  rule  of  promotion  shall  22A"gi|;  p86291s: 
be  applied  successively  to  the  vacancies  consequent  upon  Dec.  21,  i862,sX 
the  retirement  of  an  officer.  Ictfo?io^g.See 

Note  1.—  The  President  has  power  to  review  the  action  and  finding  of  a  board  of 
naval  surgeons  constituted  under  the  fourth  section  of  the  act  of  April  21,  1864. 
Both  examinations  must  precede  a  promotion,  and  the  finding  as  to  both  must  be 
approved  by  the  President.  (Op.,  XII.  347,  Dec.  30,  1867,  Stanberry.) 


104       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

Title  is,  chap.  4.     SEC.  1493.  No  officer  shall  be  promoted  to  a  higher  grade 
Physical  exam-  on  the  active  list  of  the  Navy,  except  in  the  case  provided 

inAJ)0r"'2i,  1864,  *n  tli e  next  section,  until  he  has  been  examined  by  aboard 

s.4,  v.  i3,'p.  53- of  naval  surgeons  and  pronounced  physically  qualified  to 

i'vyu?plu±:  8' perform  all  his  duties  at  sea. 

'see  note  2.  That  on  and  after  the  passage  of  this  act,  any  officer  of 

June  22, 1874.  the  Navy  who  may  be  promoted  in  course  to  fill  a  vacancy 

is  stat. L.,  i9i.  in.  the'next  higher  grade  shall  be  entitled  to  the  pay  of  the 

37Supp-  R*  S-i  p>  grade  to  which  promoted  from  the  date  he  takes  rank 
kavy  officers  therein,  if  it  be  subsequent  to  the  vacancy  he  is  appointed 

promoted, to  have +~,  ^.11 
pay  of  grade  from  tO  mi« 
date  of  rank. 

R.S.,socs.l493- 
1510.  19  C.  Cls., 
623;  116  U.S.,  396. 
17  Opins.,  393. 


Physical  dis-     SEC.  1494.  The  provisions  of  the  preceding  section  shall 
woundsatl°      ynot  exclude  from  the  promotion  to  which  he  would  other- 
idem.  wise  be  regularly  entitled  any  officer  in  whose  case  such 
medical  board  may  report  that  his  physical  disqualification 
was  occasioned  by  wounds  received  in  the  line  of  his  duty, 
and  that  such  wounds  do  not  incapacitate  him  for  other 
duties  in  the  grade  to  which  he  shall  be  promoted. 
^Examinations,     SEC.  1495.  Officers  subject  to  examination  before  promo- 
w  ei            icttion  to  a  grade  limited  in  number  by  law  shall  not  be  en- 
i  v1!?'  3|658573' 8'  titled  to  examination  in  such  a  sense  as  to  give  increase  of 
pay  until  designated  by  the  Secretary  of  the  Navy  to  fill 
vacancies  in  the  higher  grade;  and  officers  eligible  for  pro- 
motion to  a  grade  not  limited  in  number  shall  not  be  en- 
titled to  examination  until  ordered  to  present  themselves 
for  examination  or  until  a  class,  in  which  they  are  included, 
has  been  so  ordered  by  the  Secretary  of  the  Navy.     [See 
sees.  15G1  and  1102.] 
Examination     SEC.  1496.  No  line  officer  below  the  grade  of  commodore, 

of  professional         ,  />  j_i      T  ini  L-IJ.I-I 

fitness.  and  no  officer  not  of  the  line,  shall  be  promoted  to  a  higher 

1,  £  13'  p!^64' s  gra(le  on  the  active  list  of  the  Navy  until  his  mental,  moral, 

and  professional  fitness  to  perform  all  his  duties  at  sea 
have  been  established  to  the  satisfaction  of  a  board  of  ex- 
amining officers  appointed  by  the  President. 
Promotion  to     SEC.  1497.  In  time  of  peace  no  person  shall  be  promoted 

rear-admiral    in-  j/i       i  •.•./»  j  J^T  i         /?  j      •      i 

time  of  peace,  from  the  list  of  commodores  to  the  grade  of  rear-admiral, 
7  J^i26'  186584 •' on  tne  active  list,  until  his  mental,  moral,  and  professional 
Apr".  21, 1864,  v!  fitness  to  perform  all  his  duties  at  sea  has  been  established 
is,  P.  53  ag  provided  in  the  preceding  section. 

board*  mining     SEC.  1498.  Such  examining  board  shall  consist  of  not 
°Apr.  21, 1864,  K.  less  than  three  officers,  senior  in  rank  to  the  officer  to  be 

2.  v.  13,  p.  53.       examined. 

Powers  of.          SEC.  1499.  Said  board  shall  have  power  to  take  testimony 
5  j'u  ne  iS8°e  an(^  to  examine  all  matter  on  the  files  and  records  of  the 
'  Navy  Department  relating  to  any  officer  whose  case  may  be 
considered  by  them.    The  witnesses,  when  present,  shall 
be  sworn  by  the  president  of  the  board. 

Note  2. — The  acceptance  of  a  promotion  in  the  Navy  is  not  necessary  to  consum- 
mate the  appointment  of  an  officer  to  a  higher  jrradc.  [Case  of  an  officer  who  died 
before  the  appointment  promoting  him  was  received,  and  the  accounting  officers 
objected  to  crediting  him  with  the  pay  of  a  higher  grade.  ]  (Op.,  XII,  229,  Stanberry, 
Aug.  1,  1867.) 


PROMOTION  OR  ADVANCEMENT  IN  THE  NAVY.       105 

SEC.  1500.  Any  officer  whose  case  is  to  be  acted  upon  by  Title  15,  chap.  4. 
such  examining  board  shall  have  the  right  to  be  present,  if  "officer  may  be 
he  so  desires,  and  to  submit  a  statement  of  his  case  on  oath. 


Apr.  21,  1864,  a. 
3,  v.  13,  p.  53. 

SEC.  1501.  The  statement  of  such  officer,  if  made,  and    Record. 
the  testimony  of  the  witnesses  and  his  examination  shall    Idem- 
be  recorded. 

SEC.  1502.  Any  matter  on  the  files  and  records  of  the  Revision  by  the 
Navy  Department,  touching  each  case,  which  may,  in  the  p  ™denjnt' 
opinion  of  the  board,  be  necessary  to  assist  them  in  mak- 
ing up  their  judgment,  shall,  together  with  the  whole  record 
and  finding,  be  presented  to  the  President  for  his  approval 
or  disapproval  of  the  finding. 

SEC.  1503.  No  officer  shall  be  rejected  until  after  such    NO  officer  to  be 
public  examination  of  himself  and  of  the  records  of  the  examtoatl>nhout 
Navy  Department  in  his  case,  unless  he  fails,  after  having    idem. 
been  duly  notified,  to  appear  before  said  board. 

SEC.  1504.  Such  examining  board  shall  report  their  Report  of  rec- 
recommendation  of  any  officer  for  promotion  in  the  follow-  °™  ufy  w*i862  8 
ing  form:  "  We  hereby  certify  that  --  has  the  4,  v.  12,  'p.  skj 
mental,  moral,  and  professional  qualifications  to  perform  ^3'^.'  53^  juiy 
efficiently  all  the  duties,  both  at  sea  and  on  shore,  of  the  2^3^6«,  s.  i,  v.  u, 
grade  to  which  he  is  to  be  promoted,  and  recommend  him  p 
for  promotion." 

SEC.  1505.  Any  officer  of  the  Navy  on  the  active  list  below    Failing  in  ox- 
the  grade  of  commander,  who,  upon  examination  for  pro-  anjuia^i^i87o,  B. 
motion,  is  not  found  professionally  qualified,  shall  be  sus-  8-  v-  i'6'  p-'333-  ' 
pended  from  promotion  for  one  year,  with  corresponding    see  nsec.6'  1447 
loss  of  date  when  he  shall  be  re-examined,  and  in  case  of^  act  Aus-  5' 
his  failure  upon  such  re-examination  he  shall  be  dropped 
from  the  service. 

That  hereafter  in  the  examination  of  officers  in  the  Navy  June  is,  1878. 
for  promotion  no  fact  which  occurred  prior  to  the  last  exami-  20  stat.  L.,  les. 
nation  of  the  candidate  whereby  he  was  promoted,  which  19f^pp>  K*  S>1  p- 
has  been  enquired  into  and  decided  upon,  shall  be  again  in  promotions, 
enquired  into,  but  such  previous  examination,  if  approved,  ™tatp?evio1ie8cioxd 
shall  be  conclusive,  unless  such  fact  continuing  shows  the  animation  not  to 
unfitness  of  the  officer  to  perform  all  his  duties  at  sea.  ^Tsecs  illl 

1504.     18  C.  Cls.,  604.    24  C.  Cls'.,  442. 

Note  5.  —  An  officer  was  under  an  examination  for  promotion  (sees.  1493  to  1505),  and 
the  examination  was  temporarily  suspended  and  the  officer  granted  permission  to  go 
home  and  be  absent  until  notified  to  appear.  He  failed  to  receive  the  notice;  the 
examination  was  resumed  and  concluded,  the  proceedings  approved,  and  the  officer 
retired.  The  vacancy  not  having  been  tilled,  and  the  rights  of  no  other  person  hav- 
ing intervened:  Held,  That  the  action  of  the  President  could  be  revoked  and  the 
officer  allowed  a  rehearing.  (Op.,  XVI,  20,  May  29,  1878,  Tracy's  Case.) 

Note  6.  —  "Shall  be  suspended  from  promotion  for  one  year,  with  corresponding 
loss  of  date,"  does  not  mean  that  the  loss  of  date  is  to  be  contemporaneous  with  the 
term  of  suspension,  but  only  that  it  shall  agree  therewith  in  point  of  duration.  When 
an  officer  is  so  suspended,  the  loss  of  a  year  is  to  be  reckoned  from  the  occurrence 
of  the  vacancy,  the  date  from  which  he  would  have  taken  rank  had  he  been  qualified  ; 
and  the  year  of  suspension  from  the  approval  of  the  President  of  the  finding  of  the 
examining  boards.  While  under  suspension  is  ineligible  to  promotion,  and  no 
vacancy  is  to  be  kept  open  for  him.  The  officers  eligible  during  that  period  are 
entitled  to  fill  the  vacancies.  The  loss  of  date  being  one  year,  if  found  qualified,  on 
a  second  examination,  to  fill  a  vacancy  occurring  after  the  period  of  suspension,  he 
will  be  entitled,  on  promotion  thereto,  to  take  rank  one  year  from  the  date  of  the 
vacancv  which  he  would  have  originally  filled.  Will  not  be  entitled  to  the  pay  of 
the  higher  grade  from  the  ranking  date  in  his  commission.  (Op.,  XVI,  587,  Dec.  10, 
1880.  Published  in  Gen.  Order  262.) 


106       LAWS   RELATING   TO   THE   NAVY,  MARINE   CORPS,  ETC. 


^8,  1878,     gEc.  2.  The  President  of  the  United  States  may,  in  any 
cases  wherein  the  rule  herein  prescribed  has  been  violated, 
order  and  direct  the  reexamination  of  the  same. 
Aug.  6,  1882.       Whenever  on  an  inquiry  had  pursuant  to  law,  concerning 
Failure  for  mis-  the  fitness  of  an  officer  of  the  Navy  for  promotion,  it  shall 
conduct.  ^    ^^^  appear  that  such  officer  is  unfit  to  perform  at  sea  the  duties 
Seeliote'?.      '  of  the  place  to  which  it  is  proposed  to  promote  him,  by 
reason  of  drunkenness,  or  from  any  cause  arising  from  his 
own  misconduct,  and  having  been  informed  of  and  heard 
upon  the  charges  against  him,  he  shall  not  be  placed  on 
the  retired-list  of  the  Navy,  and  if  the  finding  of  the  board 
be  approved  by  the  President,  he  shall  be  discharged  with 
not  more  than  one  year's  pay. 

Title  is,  chap.  4.  gEC>  i^^  ^uy  officer  of  the  Navy  may,  by  and  with  the 
Advancement  advice  and  consent  of  the  Senate,  be  advanced,  not  exceed  - 
mAp™2ieri864,v.ing  thirty  numbers  in  rank,  for  eminent  and  conspicuous 
6,8.i3,p.54;  Jan.  conduct  in  battle  or  extraordinary  heroism;  and  the  rank 
p4'  424^'  June'  !?,'  of  officers  shall  not  be  changed  except  in  accordance  icitli  tlie 
Prov^ons  °f  existing  law,  and  by  and  with  the  advice  and 
consent  of  the  Senate. 

SEC.  1507.   Any  officer  who  is  nominated  to  a  higher 
grjan.124,ui865,  s.  grade  by  the  provisions  of  the  preceding  section,  shall  be 
2,  v.  is,  p.  424.      promoted,  notwithstanding  the  number  of  said  grade  may 
be  full;  but  no  further  promotions  shall  take  place  in  that 
grade,  except  for  like  cause,  until  the  number  is  reduced 
to  that  provided  by  law. 

^EC*  1^08.  Any  line  officer,  whether  of  volunteers  or  of 
the  regular  Navy,  may  be  advanced  one  grade,  if,  upon 
9  J?!yi26'p86584-  recommendation  of  the  President  by  name,  he  receives  the 
j'an.  24,  1865,  s.  2,'  thanks  of  Congress  for  highly  distinguished  conduct  in 
&™»&**?i,v*il  w>uftict  with  the  enemy  or  for  extraordinary  heroism  in  the 
p-222.  '  line  of  his  profession. 

Effect  of  vote     SEC.  1509.  A  vote  of  thanks  by  Congress  to  any  officer 

July  i?  1870,  of  the  Navy  shall  be  held  to  aifect  such  officer  only  ;  and 

res.,  s.  i,  V.  16,  p'.  whenever,  as  an  incident  thereof,  an  officer  who  would 

otherwise  be  retired  is  retained  on  the  active  list,  such  re- 

tention shall  not  interfere  with  the  regular  promotion  of 

others  who  would  otherwise  have  been  entitled  by  law  to 

promotion. 

ion^b^death  SEC.  161.0.  No  promotion  shall  be  made  to  fill  a  vacancy 
etc*,  of  Officers!  occasioned  by  the  final  retirement,  death,  resignation,  or 
thidemd'  dismissal  of  an  officer  who  has  received  a  vote  of  thanks, 

Note  7.  —  "  One  year's  pay  "  has  been  held  by  the  accounting  olficers  to  mean  one 
year's  "leave"  pay. 

Note  8.  —  Congress  leaves  to  the  discretion  of  the  President  the  determination  of 
•what  nets  of  heroism  should  be  recommended  to  the  Senate  for  reward,  and  in  pro- 
viding that  the  Senate  must  advise  and  consent  to  the  advancement  has  indicated 
the  only  forum  which  may  inquire  into  the  wisdom  with  which  that  discretion  lias 
been  exorcised.  It  is  not  within  the  power  of  a  Secretary  of  the  Navy  to  inquire 
into  the  acts  of  heroism  which  induced  his  predecessor  and  the  President  to  make 
an  advancement.  Their  action  is  conclusive  on  the  executive  department.  (Op. 
Apr.  23,  1881,  MacVeagh.  Stevenson's  Case.) 

By  advancement  under  section  1500  an  ensign  was  promoted  to  master  March  3, 
1879,  to  take  rank  from  November  27,  1877.  Not  having  been  "promoted  in  course  to 
fill  a  vacancy,"  not  entitled  to  the  pay  of  the  higher  grade,  under  section  1561  of  the 
Revised  Statutes,  from  the  date  he  takes  rank,  but  I'rom  the  date  of  his  appointment. 
(Op.  Mar.  29,  1882,  Brewster.  Young's  Case.) 

The  advancement  of  an  officer  under  section  1506,  when  the  advancement  is  con- 
fined to  the  same  grade  in  which  he  already  holds  a  commission,  confers  upon  him 
no  right  to  an  increase  of  compensation  over  that  which  he  is  in  receipt  of  in  virtue 
of  that  commission.  (Op.,  XI  V,  547,  Mar.  18,  1875.  Billings's  Case.) 


PROMOTION  OR  ADVANCEMENT  IN  THE  NAVY.       107 

unless  the  number  of  officers  left  in  the  grade  where  the 
vacancy  occurs  shall  be  less  than  the  number  authorized 
by  law. 

SEC.  1560.  The  pay  of  an  officer  of  the  Navy,  upon  his  Title  XY,chaP.8. 
original  entry  into  the  service,  except  where  he  is  required  Commencement 
to  give  an  official  bond,  shall  commence  upon  the  date  of  entrvy'  original 
his  acceptance  of  his  appointment;  but  where  he  is  re-  July  15, mo, s. 
quired  to  give  such  bond  his  pay  shall  commence  upon  the 7' v' 16' p' 333> 
date  of  the  approval  of  his  bond  by  the  proper  authority. 

SEC.  1561.  When  an  officer  is  promoted  in  course  to  ft 
a  vacancy,  and  is  in  the  performance  of  the  duties  of  the  cd  officers. 
higher  grade  from  the  date  he  is  to  take  rank,  he  may  be7ij".lyi6,5'p.87333; 
allowed  the  increased  pay  from  such  date.  June  5-  jgi  s  1,' 

v.  17,  p.  226. 

See    following 
act  and  note. 

That  on  and  after  the  passage  of  this  act,  any  officer  of  June22> 18?4- 
the  N  avy  who  may  be  promoted  in  course  to  fill  a  vacancy  Commencement 
in  the  next  higher  grade  shall  be  entitled  to  the  pay  of  #0£ay  on  pro 
the  grade  to  which  promoted  from  the  date  he  takes  rank1  Jum>  22^1874,8. 
therein,  if  it  be  subsequent  to  the  vacancy  he  is  appointed  '  see  nSte  9. 
to  till. 

SEC.  1562.  If  an  officer  of  a  class  subject  to  examination  Title xv,chap.s. 
before  promotion  shall  be  absent  on  duty,  and  by  reason  of   in  cases  of  de- 
such  absence,  or  of  other  cause  not  involving  fault  on  his  J?*^    oxamina- 
part,  shall  not  be  examined  at  the  time  required  by  law  or  *  jSy  is,  mo,  s. 
regulation,  and  shall  afterward  be  examined  and  found  7'seeacptju3iy22, 
qualified,  the  increased  rate  of  pay  to  which  his  promotion  1*74,  and  note! 
would  entitle  him  shall  commence  from  the  date  when  hean 
would  have  been  entitled  to  it  had  he  been  examined  and 
found  qualified  at  the  time  so  required  by  law  or  regula- 
tion ;  and  this  rule  shall  apply  to  any  cases  of  this  descrip- 
tion which  may  have  heretofore  occurred.    And  in  every 
such  case  the  period  of  service  of  the  party,  in  the  grade 
to  which  he  was  promoted,  shall,  in  reference  to  the  rate 
of  his  pay,  be  considered  to  have  commenced  from  the  date 
when  he  was  so  entitled  to  take  rank. 

Note  9.— Previous  to  the  act  of  July  15,  1870,  chapter  295,  the  increased  pay  of  a 
promoted  officer  commenced  from  the  date  of  the  signing  of  his  appointment  toper- 
form  the  duties  of  the  higher  grade,  if  before  the  date  of  his  commission,  or  from 
the  date  of  his  commission  if  no  appointment  was  previously  given.  The  seventh 
section  of  that  act  provided  that  it  should  commence  from  the  date  of  rank  as  stated 
in  his  commission.  The  act  of  June  5, 1872,  substantially  section  1561,  provided  that 
the  promotion  must  have  been  in  course  to  fill  a  vacancy,  and  the  officer  must  have 
been  in  the  performance  of  the  duties  of  the  higher  grade  from  the  date  he  takes 
rank.  Under  the  act  of  June  22, 1874,  which  now  regulates  it,  the  promotion  must 
have  been  in  "course  to  fill  a  vacancy"  to  entitle  an  officer  to  the  pay  of  the  higher 
grade  from  the  date  he  takes  rank  therein,  which  date  must  be  subsequent  to  the 
vacancy  he  is  appointed  to  fill. 


108       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 


RANK   AND   PRECEDENCE. 


Sec. 

1481.  Staff    officers    retired,    length     of 

service. 

1482.  Staff  officers  retired,   incident    to 

service. 

1483.  Graduates  at  Naval  Academy.. 

1484.  Engineer  graduates. 

1485.  Precedence  by  length  of  service. 

1486.  Length  of  service,  how  estimated. 

1487.  Quarters. 

1488.  Military  command. 

1489.  Processions,  boards,  etc. 

1490.  Ensigns. 

1491.  Warrant  officers. 

1492.  Officers  of  revenue  marine. 

1506.  Advanced  in  rank ;  rank  not  to  be 

changed,  except,  etc. 
1521.  Cadet  midshipmen  promoted. 

1601.  Commandant,  Marine  Corps. 

1602.  Staff  officers,  Marine  Corps. 

1603.  Rank  of   Marine  Corps  with  the 

Army. 

Rank  of  Judge  -  Advocate  -  General 

of  the  Navy. 

c.  1372.  When  any  assistant  surgeon  was  absent  from 
case° of* delayed  the  United  States,  on  duty,  at  the  time  when  others  of  his 
6XSrn3tir8I35  s. date  were  examined,  he  shall,  if  not  rejected  at  a  subse- 
i,  v.  4,  p.  757.  '  '  quent  examination,  be  entitled  to  the  same  rank  with  them ; 
and  if,  from  any  cause,  his  relative  rank  cannot  be  assigned 
to  him,  he  shall  retain  his  original  position  on  the  register. 
Title  is,  chap.  4.     gEC<  1466.  The  relative  rank  between  officers  of  the  N  a  vy, 
Relative  rank  whether  on  the  active  or  retired  list,  and  officers  of  the 
army  o£rs&nd  Army,  shall  be  as  follows,  lineal  rank  only  being  considered : 
July  16, 1862,  s.     The  Vice- Admiral  shall  rank  with  the  Lieutenant- Gen- 
13'T-12'"-6851;eral. 


Sec. 

1372.  Of  assistant  surgeons  delayed  in 
examination. 

1466.  Relative  rank  of  navy  and  army 

officers. 

1467.  Rank  according  to  date. 

1468.  Commanding  officers  of  vessels  and 

stations. 

1469.  Aid  or  executive  officer. 

1470.  Staff  officers,  when  to  communicate 

directly    with    commanding   offi- 
cers. 

1471.  Chiefs  of  bureaus. 

1472.  Chief   of  bureau,   below    rank    of 

commodore. 

1473.  Chief  of  bureau,  retired. 

1474.  Medical  Corps. 

1475.  Pay  Corps. 

1476.  Engineer  Corps. 

1477.  Naval  constructors. 

1478.  Civil  engineers. 

1479.  Chaplains. 

1480.  Professors  of  mathematics  and  staff 

generally. 


v.l 3,  p.  420;  July 
25, 1866,  s.  1,  v.  14, 
p.  222;  Mar.  2, 
1867,  s.  1,  v.  14,  p. 
515-  Mar.  3,  1883. 


Dec.  21, 18 

Eear-admirals  with  major-generals. 
Commodores  with  brigadier- generals. 
Captains  with  colonels. 
Commanders  with  lieutenant-colonels. 
Lieutenant  commanders  with  majors. 
Lieutenants  with  captains. 

Masters  (lieutenants  of  the  junior  grade)  with  first  lieu- 
tenants. 

Ensigns  with  second  lieutenants. 

SEC.  1467.  Line  officers  shall  take  rank  in  each  grade 
""JuTy~i67i862,  s.  according  to  the  dates  of  their  commissions. 

1,  v.  12,  p.  583; 
Apr.  21,  1864,8.7, 
v.  13,  p.  54;  Jan. 
24, 1865,  8. 1,  v.  13, 

Commanding  SEC.  1468.  Commanding  officers  of  vessels  of  war  and  of 
M?d  atotfons?8618  naval  stations  shall  take  precedence  over  all  officers  placed 
i2*vai63'  35?' s'  un(^er  their  command. 

tiv^d  or  execu"  SEC.  1469.  The  Secretary  of  the  Navy  may,  in  his  dis- 
cretion, detail  a  line  officer  to  act  as  the  aid  or  executive 
of  the  commanding  officer  of  a  vessel  of  war  or  naval  sta- 
tion, which  officer  shall,  when  not  impracticable,  be  next  in 
rank  to  said  commanding  officer.  Such  aid  or  executive 
shall,  while  executing  the  orders  of  the  commanding  officer 
on  board  the  vessel  or  at  the  station,  take  precedence  over 
all  officers  attached  to  the  vessel  or  station.  All  orders  of 
such  aid  or  executive  shall  be  regarded  as  proceeding  from 


idem. 


RANK  AND  PRECEDENCE  IN  THE  NAVY.         109 

the  commanding  officer,  and  the  aid  or  executive  shall  have 
no  independent  authority  in  consequence  of  such  detail. 

SEC.  1470.  Staff  officers,  seniors  to  the  officers  so  detailed,  oj^^8t8  of  8taff 
shall  have  the  right  to  communicate  directly  with  the  com-  °  idem'. 
manding;  officer. 

SEC.  1471.  The  chiefs  of  the  Bureau  of  Medicine  and  Sur-    chiefs  of  bu- 
gery,  Provisions  and  Clothing,  Steam  Engineering,  and  reidem. 
Construction  and  Kepair  shall  have  the  relative  rank 
commodore  while  holding  said  position,  and  shall  have,  pneeand  AC- 
respectively,  the  title  of  Surgeon  General,  Paymaster-Gen-  Cou^t88'e'c  1481 
eral,  Engineer-in-Chief,  and  Chief  Constructor. 

SEC.  1472.  When  the  office  of  chief  of  Bureau  is  filled  by  J^^J^ 
a  line  officer  below  the  rank  of  commodore,  said  officer  shall  rank  of  commo- 
have  the  relative  rank  of  commodore  during  the  time  hedofjem 
holds  said  office. 

SEC.  1473.  Officers  who  have  been  or  who  shall  be  retired  po^£dof 
from  the  position  of  chiefs  of  the  Bureau  of  Medicine  and  of  bureau. 
Surgery,  of  Provisions  and  Clothing,  of  Steam  Engineer-    Sue  of  Bureau 
ing,  or  of  Construction  and  Eepair,  by  reason  of  age 
length  of  service,  shall  have  the  relative  rank  of  commo-  toupu 

Accounts. 


SEC.  1474.  Officers  of  the  Medical  Corps  on  the  active 
list  of  the  Navy  shall  have  relative  rank  as  follows:  535. 

Medical  directors,  the  relative  rank  of  captain. 

Medical  inspectors,  the  relative  rank  of  commander. 

Surgeons,  the  relative  rank  of  lieutenant-commander  or 
lieutenant. 

Passed  assistant  surgeons,  the  relative  rank  of  lieuten-    Lieutenant  of 

the  junior  grade 

aut  or  master.  Mar.3,i883 

Assistant  surgeons,  the  relative  rank  of  master  or  en- 

Sign.  3,1883. 

SEC.  1475.  Officers  of  the  Pay  Corps  on  the  active  list  of  ^  C9°lps' 
the  Navy  shall  have  relative  rank  as  follows: 

Pay  directors,  the  relative  rank  of  captain.  See  note  1- 

Pay  inspectors,  the  relative  rank  of  commander. 

Paymasters,  the  relative  rank  of  lieutenant-commander 
or  lieutenant. 

Passed  assistant  paymasters,  the  relative  rank  of  lieuten- 
ant  or  master.  3,  im. 

Assistant  paymasters,  the  relative  rank  of  master  or  en-  mniorgradeMar 

SlgU.  3,1883. 

SEC.  1476.  Officers  of  the  Engineer  Corps  on  the  active  Corp*gi  n  e  e  r 
list  shall  have  relative  rank  as  follows  :  ibid,  s.  7,-  p. 

Of  the  chief  engineers,  ten  shall  have  the  relative  rank  ^fp^ilf'iSJ: 
of  captain,  fifteen  that  of  commander,  and  forty-five  that  s,  '1883/22  'stats.' 
of  lieutenant-commander  or  lieutenant.  L.,p,472. 

Note  I.—  Section  1475  does  not  give  to  a  pay  inspector  in  the  Navy  the  grade  of 
commander.  It  confers  upon  him  the  rank  of  commander  by  relation  (only)  to  the 
rank  of  aline  officer  of  that  grade.  The  designation  '  '  pay  inspector  '  '  expresses  both 
title  and  grade  in  the  Pay  Corps.  The  commission  of  an  officer  as  "pay  inspector," 
"with  the  relative  rank  of  commander,"  gives  the  appropriate  title  and  grade  of  the 
officer  named  therein,  and  fully  satisfies  the  requirement  of  section  1480,  R.  S. 
(Op.,  XVI,  414,  Jan.  8,  1880,  Devens.)  [For  a  definition  of  the  words  "title," 
"grade,"  and  "rank,"  see  this  opinion  and  C.  C.,  XV,  151.  The  latter  defines  the 
rank  of  staff  officers  of  the  Navy  as  usually  operative  only  in  determining  the  rela- 
tion of  the  different  officers  of  the  service  to  each  other  in  matters  of  precedence, 
privilege,  and  tlie  like,  and  is  generally  called  "relative  rank."  Grade  is  a  step  or 
degree  in  either  office  or  rank,  and  has  reference  to  the  divisions  of  the  one  or  the 
other,  or  both,  according  to  the  connection  in  which  the  word  is  employed.] 


110   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


assistant  engineers  shall  have  the  relative  rank 
of  lieutenant  or  master,  and  assistant  engineers  that  of 
lieutenant  of  the  junior  grade  or  ensign. 

SEC.  1477.  Of  the  naval  constructors,  two  shall  have  the 
toMar.  3,  i87i,  B.  relative  rank  of  captain,  three  of  commander,  and  all 
9,  v.  16,  p.  536.      others  that  of  lieutenant-commander  or  lieutenant.    Assist- 
ant naval  constructors  shall  have  the  relative  rank  of 
lieutenant  or  master. 

ST^Ts.'     SEC.  1478.  Civil  engineers  shall  have  such  relative  rank 
9,  v.io',P.'536.  '     as  the  President  may  fix. 

General  order     The  President  of  the  United  States  has  this  day,  under 
the  provisions  of  section  1478  of  the  lievised  Statutes, 
conferred  relative  rank  on  Civil  Engineers  of  the  Navy, 
and  fixed  the  same  as  follows  : 
One  with  the  relative  rank  of  captain. 
Two  with  the  relative  rank  of  commander. 
Three  with  the  relative  rank  of  lieu  ten  ant-  commander. 
Four  with  the  relative  rank  of  lieutenant. 
Civil  engineers  will  take  precedence  in  their  corps,  and 
with  other  officers  with  whom  they  hold  relative  rank,  in 
accordance  with  the  law  regulating  precedence  of  officers 
of  the  Navy. 

Marpl3aii87i         ^EC*  -^9.  Chaplains  shall  have  relative  rank  as  follows: 
9,  v.  16,  pi  536.  '  8'  Four,  the  relative  rank  of  captain;   seven,  that  of  corn- 

Dail(ier?   and  not  more  tnau  seven? 
commander  or  lieutenant. 


Professors    of     gEC.  1480.  Professors  of  mathematics  shall  have  relative 

mathematics.  ,  „  ,,  -r,.  ,  ,  ,     .  .  i        /.  ,     . 

May  si,  1872,  8.  rank  as  follows  :  Three,  the  relative  rank  of  captain  ;  four, 

Feb.'  27,'  jfel'v.  ^at  of  commander;  and  five,  that  of  lieutenant-commander 

ia,  p.  244.         '  or  lieutenant. 
16  A.  G.  op.,  p.     The  grades  established  in  the  six  preceding  sections  for 

41Sec  sec.  1475.  tne  staff  corps  of  the  Navy  shall  be  filled  by  appointment 
from  the  highest  members  in  each  corps,  according  to 
See  note  i,  p.  seniority  ;  and  new  commissions  shall  be  issued  to  the 
officers  so  appointed,  in  which  the  titles  and  grades  estab- 
lished in  said  sections  shall  be  inserted  ;  and  no  existing 
commission  shall  be  vacated  in  the  said  several  staff  corps, 
except  by  the  issue  of  the  new  commissions  required  by  the 
provisions  of  this  section  ;  and  no  officer  shall  be  reduced 
in  rank  or  lose  seniority  in  his  own  corps  by  any  change 
which  may  be  required  under  the  provisions  of  the  said  six 
preceding  sections:  Provided,  That  the  issuing  of  a  new 
appointment  and  commission  to  any  officer  of  the  Pay 
Corps  under  the  provisions  of  this  section  shall  not  affect 
or  annul  any  existing  bond,  but  the  same  shall  remain  in 
force,  and  apply  to  such  new  appointment  and  commission. 
when  retired  SEC.  1481.  Officers  of  the  Medical,  Pay,  and  Engineer 

ofr8efvice.len  Corps,  chaplains,  professors  of  mathematics,  and  construct- 
or. 3>  mi,  s.  ors>  wuo  shall  have  served  faithfully  for  forty-five  years, 
shall,  when  retired,  have  the  relative  rank  of  commodore; 
and  officers  of  these  several  corps  who  have  been  or  shall 
be  retired  at  the  age  of  sixty-two  years,  before  having 
served  for  forty-five  years,  but  who  shall  have  served  faith- 
fully until  retired,  shall,  on  the  completion  of  forty  years 


RANK  AND  PRECEDENCE  IN  THE  NAVY.         Ill 

from  their  eiitry  into  the  service,  have  the  relative  rank  of 
commodore. 

SEC.  1482.  Staff-officers,  who  have  been  or  shall  be  retired    Retire  <i  fo» 

.  ,  .,     '  ,      ,.  .     .  .       .     ,        causes     incident 

for  causes  incident  to  the  service  before  arriving  at  sixty-  to  service. 
two  years  of  age,  shall  have  the  same  rank  on  the  retired    Ibid- 
list  as  pertained  to  their  position  on  the  active  list. 

SEC.  1483.  Graduates  of  the  Naval  Academy  shall  take  N£^{J*3  °f 
rank  according  to  their  proficiency  as  shown  by  their  order  May  23,  1372,  s! 
of  merit  at  the  date  of  graduation.  i,  v.  17,  P.  153. 

SEC.  1484.  Engineer  officers  graduated  at  the  Naval  g?adSa?e6derat 
Academy  shall  take  precedence  with  all  other  officers  withlfavai  Academy. 
whom  they  have  relative  rank,  according  to  the  actual  1  ^  £  g^73'  8- 
length  of  service  in  the  Navy.  '  see  sec.  1394, 

Engineer  Corps. 


SEC.  1485.  The  officers  of  the  staff  corps  of  the  Navy  shall 
take  precedence  in  their  several  corps,  and  in  their  several    Mar.  3,  1371, 
grades,  and  witli  officers  of  the  line  with  whom  they  hold  10)  v>  16)  p>  537- 
relative  rank  according  to  length  of  service  in  the  Navy. 

SEC.  1486.  In  estimating  the  length  of  service  for  such 
purpose,  the  several  officers  of  the  staff  corps  shall,  respec-  mated. 
tively,  take  precedence  in  their  several  grades  and  with  i^\\  p?: 
those  officers  of  the  line  of  the  Navy  with  whom  they  hold  Mar.  3,  i88i,V.  21, 
relative  rank  who  have  been  in  the  naval  service  six  years  Fei>10;258eei88i| 
longer  than  such  officers  of  said  staff  corps  have  been  in  Gen-  Order264. 
said  service;  and  officers  who  have  been  advanced  or  lost 
numbers  on  the  Navy  llegister  shall  be  considered  as  hav- 
ing gained  or  lost  length  of  service  accordingly:  Provided, 
That  nothing  in  this  section  shall  be  so  construed  as  to  give  to 
any  officer  of  the  staff  corps  precedence  of,  or  a  higher  relative 
rank  than  that  of,  another  staff  officer  in  the  same  grade  and 
corps,  and  iclwse  commission  in  such  grade  and  corps  ante- 
dates that  of  such  officer. 

SEC.  1487.  No  staff  officer  shall,  in  virtue  of  his  relative  Sa^Tiim,  a. 
rank  or  precedence,  have  any  additional  right  to  quarters.  10,  v.  is,  p.  537.' 

SEC.  1488.  The  relative  rank  given  by  the  provisions  of  JJS!*"7  com 
this  chapter  to  officers  of  the  Medical,  Pay,  and  Engineer  tU£8enA^  ar  l  °* 
Corps  shall  confer  no  authority  to  exercise  military  eom-i846,'andM'ay27,' 

timid  1847;      Aug.      5, 

mailU<  1854,  8.  4,  v.  10,  p. 

587  ;  Mar.  3,  1859, 
s,  2,  v.  11,  p.  407. 

SEC.  1489.  Iii  processions  on  shore,  or  courts-martial,  boards,^8  8i°n8' 
summary  courts,  courts  of  inquiry,  boards  of  survey,  and  12^a^3'  ^  8- 
all  other  boards,  line  and  staff  officers  shall  take  precedence 
according  to  rank. 

SEC.  1490.  Ensigns  shall  be  steerage  officers,  unless  as- 


signed  to  duty  as  watch  and  division  officers.  July  15,  1870,  s.' 

10,  v.  16,  p.  334. 

Sec.  1491.  The  President  may,  if  he  shall  deem  it  condu-  ceWammt 
cive  to  the  interests  of  the  service,  give  assimilated  rank    J^lly32'  1863'7J: 
to  boatswains,  gunners,  carpenters,  and  sail-makers,  as  fol-  MOT.  3,  isso'. 
lows  :  After  five  years'  service,  to  rank  with  ensigns,  and 
after  ten  years'  service,  to  rank  with  junior  lieutenants. 

SEC.  1492.  The  officers  of  the  revenue-cutter  service  when  0^^ne8^^ 
serving,  in  accordance  with  law,  as  a  part  of  the  Navy,  as  part  of  the 
shall  be  entitled  to  relative  rank,  as  follows  :  Captains,  with  Nayy- 


112      LAWS   RELATING   TO   THE   NAVY,  MARINE   CORPS,  ETC. 

4  1vebi22'  18664o8'  ail(*  next  after  lieutenants  commanding  in  the  Navy;  first 
Mar'.  2,  iW,  s.  98,' lieutenants,  with  and  next  after  lieutenants  in  the  Navy 5 
iVile^s.  (uAy  second  lieutenants,  with  and  next  after  junior  lieutenants  in 
v.i2,  pp. 583-585 1  the  Navy;  third  lieutenants,  with  and  next  after  ensigns 

Mar.  3, 1883.    See  • 
Title  "Revenue-111 
Cutter  Service," 
sec  1492 

officers  ad-     SEC.  1506.  Any  officer  of  the  Navy  may,  by  and  with  the 
nk'  advice  and  consent  of  the  Senate,  be  advanced,  not  exceed- 
ing thirty  numbers  in  rank,  for  eminent  and  conspicuous 
-Rank  not  to  be  conduct  in  battle  or  extraordinary  heroism ;  and  the  rank 
lte°gi      ccep  '  of  officers  shall  not  be  changed  except  in  accordance  with  the 
.  Apr. 21,  jaw,  a. provisions  of  existing  law.  and  by  and  with  the  advice  and 

6,  v.  13,p.54 ;  Jan.-*  .       /*    .  7        cv          . 

24,  ises,  s.  i,  v.  13,  consent  of  the  Senate. 

p.  424;  June  17, 
1878,  v.  20,  p.  143. 
See  BOO..  1508,  Pro- 
motion. 

Title  is,  chap  5.  SEC.  1521.  When  cadet  midshipmen  shall  have  passed 
Promotion  to  successfully  the  graduating  examination  at  the  Academy, 

™ntk8hipmen;  they  shall  receive  appointments  as  midshipmen  and  shall 
juiy  15, 1870,  s.  take  rank  according  to  their  proficiency  as  shown  by  the 

^See^ote!!4'     order  of  their  merit  at  date  of  graduation. 

Title  is,  chap  9.  SEC.  1601.  The  commandant  of  the  Marine  Corps  shall 
Rank  of  com-  have  the  rank  and  pay  of  a  colonel  in  the  Army,  and  shall 

co^pdaant  Marine  be  appointed  by  selection  by  the  President  from  the  officers  of 

Mar.  2,  1867,  s.  Said 

7,  v.   14,   p.  517; 
June  6, 1874,  v.  18, 
p.  58. 

r.  staff  rank,  Ma-  SEC.  1602.  The  adjutant  and  inspector,  the  paymaster, 
nMar01?8i847, 8.  and  the  quartermaster  shall  have  the  rank  of  major;  each 
feTiStfr^w**  assistant  quartermaster  shall  have  the  rank  of  captain. 

244. 

Relative  rank  of     SEC.  1603.  The  officers  of  the  Marine  Corps  shall  be,  in 
withtL  Ar°my.8  relation  to  rank,  on  the  same  footing  as  officers  of  similar 
June  30, 1834,  s.  grades  in  the  Armv. 

4, v. 4, p. 713.    See0  * 

sees.  1601-1603, 
Title  "Marine 
Corps." 

June  s,  1880.       That  the  President  of  the  United  States  be,  and  he  is 
Rank  of  JudgT-  hereby,  authorized  to  appoint,  for  the  term  of  four  years, 
Advocate- fie n-  by  au(i  wjth  the  advice  and  consent  of  the  Senate,  from  the 
erMar.  s,  1880,  v.  officers  of  the  Navy  or  the  Marine  Corps,  a  Judge- Advocate- 
General  of  the  Navy,  with  the  rank  pay,  and  allowances  of 
a  captain  in  the  Navy  or  a  colonel  in  the  Marine  Corps,  as 
the  case  may  be.    *    *    * 
June  s,  1896.       That  the  Act  "to  authorize  the  President  to  appoint  an 
29  stat.  L.,  251.  officer  of  the  Navy  or  the  Marine  Corps  to  perform  the 
9  SU473' E'S''vo1'  duties  of  solicitor  and  judge-advocate-general,  and  so  forth, 
"'  &avy.  and  to  fix  the  rank  and  pay  of  such  officer,"  approved  June 

cate^gen'eraTs  eighth,  eighteen  hundred  and  eighty,  is  hereby  amended 
pay.  by  inserting  in  said  Act  in  lieu  of  the  words  u  with  the  rank, 

i29a suppeR.s.,'  pay,  and  allowances  of  a  captain  in  the  Navy,  or  a  colonel 
29R's  §349       *n         Marine  Corps,  as  the  case  may  be,"  the  words  "with 
the  rank  and  highest  pay  of  a  captain  the  Navy,  or  the  rank, 

Note  2.— Section  1521  is  changed  by  the  acts  of  August  5,  1882,  and  March  3,  1883. 
Cadet  midshipmen  are  now  styled  naval  cadets  until  they  complete  the  six  years 
course,  and,  under  certain  contingencies,  are  mustered  out  or  appointed  to  other 
places.  There  are  no  midshipmen  or  cadet  midshipmen.  (See  "Naval  Academy.") 


RATIONS    IN    THE    NAVY    AND    MARINE    CORPS. 


113 


pay,  and  allowances  of  a  colonel  in  the  Marine  Corps,  as  the 
case  may  be : " 

Provided,  That  this  amendment  shall  take  effect  from—*0,  daUl  from 
July  nineteenth,  eighteen  hundred  and  ninety-two,  the  date  Became  a  law 
on  which  the  present  incumbent  entered  on  duty,  and  thatwit!\ou*  the 

,,  •   t  •  •    j_     i      i      -IT   i_  11^  i-i       President  s    ap- 

the  amount  herein  appropriated  shall  be  payable  from  the  proyai,  June  5, 
appropriation  uPay  of  the  Navy." 


RATIONS. 


Sec. 

1143.  Detachments  with  the  Army. 

1577.  llations  to  naval  cadet. 

1578.  Kations  of  other  officers. 

1579.  When  rations  not  allowed. 

1580.  Navy  ration,  constituents  of. 

1581.  Substitutions  in. 

1582.  Short  allowance. 

1583.  Rations  stopped  for  the  sick. 

1584.  Additional  ration. 


Sec. 

1585.  Commutation  price  of  ration. 

1595.  None  to  retired  officers. 

1615.  To  enlisted  marines. 

3721.  Purchases  of  butter  and  cheese. 

3726.  Preserved  meats. 

3727.  Flour  and  bread. 

4812.  Allowance  to  Navy  hospitals. 
Act  May  3, 1880.  Desiccated  tomatoes. 


SEC.  1143.  The  officers  of  the  subsistence  department  Title  14,  chap.  i. 
shall,  upon  the  requisition  of  the  naval  or  marine  officer    Navai  d 
commanding  any  detachment  of  seamen  or  marines  under  j^ 
orders  to  act  on  shore,  in  co-operation  with  the  land  troops,  AnnyWl 
and  during  the  time  such  detachment  is  so  acting  or  pro- 1  ^e°- 15^511814' 8> 
ceediug  to  act,  furnish  rations  to  the  officers,  seamen,  and 
marines  of  the  same". 

SEC.  1577.  Midshipmen  and  naval  cadets  in  the  Navy  Title  is,  chap.  8. 
shall  be  entitled  to  one  ration,  or  to  commutation  therefor.  Rations  to  na- 

val  cadets. 

July  28, 1866,  s. 
8,  v.  14,  p.  322; 
Feb.  28,  1867,  s.  2, 
v.  14,  p.  416;  Aug. 
5,  1882,  22  Stat. 
L.,  p.  285. 

That  all  enlisted  men  and  boys  in  the  Navy,  attached  to    Jan-  30> 1885> 
any  United  States  vessel  or  station  and  doing  duty  thereon,    23  stat.  L.,  287. 
and  naval  cadets,  shall  be  allowed  a  ration,  or  commutation  and  boys^  Navy 
thereof  in  money,  under  such  limitations  and  regulations  as  ?nd.  naval  cadets 

x  \.       ~T  .,  to  have  rations  or 

the  Secretary  ot  the  Navy  may  prescribe.  commutation. 

E.S.,  sees.  1577, 
1585.  Mar.  1, 
1889,  ch.  331,  p. 
669. 

SEC.  1578.  All  officers  shall  be  entitled  to  one  ration,  or  ot^e**ffi°cnr|  of 
to  commutation  therefor,  while  at  sea  or  attached  to  a  sea-  July  ie,  1862,  s. 

o-^ino-  va«cal  19'  v-  12'  P-  587: 

going  vessel.  Mar  3  1851(  8<  lf 

v.  9,  p.  631 ;  Op., 
X,  52,  July  10, 
1861.  See  "Pay, 
Rations,  and 
Mileage,"  Ma- 
rine Corps. 

SEC.  1579.  Iso  person  not  actually  attached  to  and  doing  no7aiiTwedation8 
duty  on  board  a  sea-going  vessel,  except  the  petty  officers,  i  Mar.^s,  i*n,a- 
seamen,  and  ordinary  seamen  attached  to  receiving- ships  or  Feb.' 28,'  isV  ^2! 
to  the  ordinary  of  a  navy-yard,  and  ensigns  of  the  junior  ^l^^  ^y 
grade  and  naval  cadets,  shall  be  allowed  a  ration.  P.'  322;'  Aug.'  s' 

1882 ;  Mar.  3, 1883. 

SEC.  1580.  The  Navy  ration  shall  consist  of  the  following  con^u^tfy 

daily  allowance  of  provisions  to  each  person:  One  pound    Juiyis, iwi,*. 

of  salt  pork,  with  half  a  pint  of  beans  or  pease;  or  one  ju£ ii%862, M 

pound  of  salt  beef,  with  half  a  pound  of  flour  and 

376 8 


114   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

i88oee  May  3>  ounces  °f  dried  apples,  or  other  dried  fruit;  or  three-quar- 
ters of  a  pound  of  preserved  meat,  with  a  half  pound  of 
rice,  two  ounces  of  butter,  and  one  ounce  of  desiccated 
"  mixed  vegetables  ;"  or  three-quarters  of  a  pound  of  pre- 
served meat,  two  ounces  of  butter,  and  two  ounces  of 
desiccated  potatoes;  together  with  fourteen  ounces  of  bis- 
cuit, one-quarter  of  an  ounce  of  tea,  or  one  ounce  of  coffee 
or  cocoa,  and  two  ounces  of  sugar;  and  a  weekly  allowance 
of  half  a  pint  of  pickles,  half  a  pint  of  molasses,  and  half 
a  pint  of  vinegar. 

ins  u  b  stitutions     gEO>  1581.  The  following  substitution  for  the  components 

in  July  18,1861,88.  of  the  ration  may  be  made  when  it  is  deemed  necessary  by 

ApV^Vi8&2  s64:the  seni°r  officer  present  in  command:  For  one  pound  of 

v.  12,  p.  38i.  '     '  salt  beef  or  pork,  one  pound  and  a  quarter  of  fresh  meat  or 

iafo!e    Iay  3*  three-quarters  of  a  pound  of  preserved  meat;  for  any  or  all 

of  the  articles  usually  issued  with  the  salted  meats,  vege- 

tables equal  to  the  same  in  value;  for  fourteen  ounces  of 

biscuit,  one  pound  of  soft  bread,  or  one  pound  of  flour,  or 

half  a  pound  of  rice;  for  half  a  pint  of  beans  or  pease,  half 

a  pound  of  rice,  and  for  half  a  pound  of  rice,  half  a  pint  of 

beans  or  pease.    And  the  Secretary  of  the  Navy  may  sub- 

stitute for  the  ration  of  coffee  and  sugar  the  extract  of  coffee 

combined  with  milk  and  sugar,  if  he  shall  believe  such  sub- 

stitution to  be  conducive  to  the  health  and  comfort  of  the 

Navy,  and  not  to  be  more  expensive  to  the  Government  than 

the  present  ration  :  Provided,  That  the  same  shall  be  accept- 

able to  the  men. 

jshort  allow-  gEO>  i5g2.  In  case  of  necessity  the  daily  allowance  of 
July  is,  1861,  e.  provisions  may  be  diminished  at  the  discretion  of  the  senior 
4,  v.  12,  P.  265.  officer  present  in  command;  but  payment  shall  be  made  to 
the  persons  whose  allowance  is  thus  diminished,  according 
to  the  scale  of  prices  for  the  same  established  at  the  time 
of  such  diminution.  And  every  commander  w  ho  makes  any 
diminution  or  variation  shall  give  to  the  paymaster  written 
orders  therefor,  specifying  particularly  the  diminution  or 
variation  which  is  to  be  made,  and  shall  report  to  his  com- 
manding officer,  or  to  the  Navy  Department,  the  necessity 
for  the  same. 

ib?th°en|ick>PI>ed     SEC>  158'*-  Kations  stopped  for  the  sick  on  board  vessels 
Mar.  a,  1851,  ».  shall  remain  and  be  accounted  for  by  the  paymaster  as  a 

June  22  I860  s23;Ptirt  °f  tne  provisions  of  the  VCSSCls. 
v.  12,  p.  83. 

ti<mdditional  ra      SBO-  1584'  An  additional  ration  of  tea  or  coffee  and  sugar 
May  23,  1872,  s.  shall  be  hereafter  allowed  to  each  seaman,  to  be  provided 
i,  v.  n,  P.  151.       at  his  firgt  u  turnjng  out;> 

SEC-  155-  Thirty  cents  sh  all  in  all  cases  be  deemed  the 


July  15,  i87o,8.  commutation  price  of  the  Navy  ration. 

4,  v.l  6,  p.  333. 


SEC.  1595.  Kations  shall  not  be  allowed  to  officers  on  the 

20,  v,'  12,'  p.  587.  retired  list. 

See    "Retire- 
im-ni.  '  sec.  1595. 

Title  is,  chap.  9.     SEC.  1015.  The  noil-  commissioned  officers,  privates,  and 
Rations  to  en-  musicians  of  the  Marine  Corps  shall,  each,  be  entitled  to 
Ma  receiye  oue  Navy  ration  daily. 

July  1,  1797,  s.  6,  v.  1,  p.  524;  July  11,  1798,  s.  2,  v.  1,  p.  595.    See  "Marine  Corps," 
c.  1615. 


sec 


RATIONS  IN  THE  NAVY  AND  MARINE  CORPS.       115 

No  law  shall  be  construed  to  entitle  enlisted  marines  on    Mar,  2,  isoi. 
shore  duty  to  any  rations  or  commutation  therefor  other  than   Limitof  rations 
such  as  now  are  or  may  hereafter  be  allowed  to  enlisted  sLro^Ay68   °n 
men  in  the  army.  R.s.,sec.'i6i5. 

SEC.  3721.  The  provisions  which  require^  that  supplies       Title  48. 
shall  be  purchased  by  the  Secretary  of  the  Navy  from  the    Purchases 
lowest    bidder,  after  advertisement,  shall    not  apply   to  tSemSta**1 
*     *     *     the  supplies  which  it  may  be  necessary  to  pur- 
chase out  of  the  United  States  for  vessels  on  foreign  sta- 
tions,    *     *     *     or  butter    *     *     *     destined  for  the  use 
of  the  Navy. 

*  *  *  Contracts  for  butter  *  *  *  for  the  use  of  gutter.  ^  ^ 
the  Navy  may  be  made  for  periods  longer  than  one  year,  if,  3,  v.  5,  'p.  794? 
in  the  opinion  of  the  Secretary  of  the  Navy,  economy  and  ^'p'm^Aug 
the  quality  of  the  ration  will  be  promoted  thereby.  *  *  *  3,'  is4s\  s.  ii,  v.  9] 

p.  272;  Mar.  2s, 
1865,  s.  7,  v.  13,  p. 
467. 


SEC.  3726.  The  Secretary  of  the  Navy  is  authorized  to 
procure  the  preserved  meats,  pickles,  butter,  and  desiccated    July  is^isei,  8. 
vegetables,  in  such  manner  and  under  such  restrictions  and  7)  v<  12)  p'  265' 
guarantees  as  in  his  opinion  will  best  insure  the  good  qual- 
ity of  said  articles. 

SEC.  3727.  The  Secretary  of  the  Navy  is  authorized  tobi^our  and 
purchase,  in  such  manner  as  he  shall  deem  most  advanta-    Mar.  3,  1863,  s. 
geous  to  the  Government,  the  flour  required  for  naval  use;4'v-l2'p-818- 
ui  id  to  have  the  bread  for  the  Navy  baked  from  this  flour 
by  special  contract  under  naval  inspection. 

SEC.  481'^.  For  every  Navy  officer,  seaman,  or  marine  Title  59,  chap.  i. 
admitted  into  a  Navy  hospital,  the  institution  shall  be  Allowance  of 
allowed  one  ration  per.  day  during  his  continuance  therein,  J^0^^0  ^avy 
to  be  deducted  from  the  account  of  the  United  States  with  'r?b.28,  isn,  s. 
such  officer,  seaman,  or  marine.  4,  v.  2,  p.  050. 

The  Secretary  of  the  Navy  may  substitute  for  the  ration    May  3,  isso. 
of  "two  ounces  of  desiccated  potatoes"  six  ounces  of  desic-    21  stat.  L.  SQ. 
cated  tomatoes  if  he  shall  believe  such  substitution  to  be  38f  upp-  K>  S-)  p- 
conducive  to  the  health  and  comfort  of  the  Navy,  and  not    Desiccated  to- 
to  be  more  expensive  to  the  Government  than  the  present  J3S3J"" 
ration,  provided  the  same  shall  be  acceptable  to  the  men. 
In  the  event  the  Secretary  of  the  Navy  orders  such  substi- 
tution he  is  authorized  to  have  sold  at  public  auction  any 
desiccated  potatoes  on  hand,  the  proceeds  of  which  sale 
shall  be  used  in  the  purchase  of  desiccated  potatoes  for  the 
use  of  the  Navy. 


116       LAWS   RELATING   TO   THE    NAVY,  MARINE   CORPS,  ETC. 


RETIREMENT. 


Sec. 

1443.  After  forty  years'  service. 

1444.  After  sixty-two    years  of  age  or 

forty-five  years  of  service. 

1445.  Officers  of  certain  ranks  to  be  re- 

tired only  for  disability. 

1446.  Officers  who  have  received  a  vote  of 

thanks. 

1447.  Officers  rejected  for  promotion. 
Officers  rejected  for  misconduct. 

1448.  Retiring-board. 

1449.  Powers  and  duties  of. 

1450.  Oath  of  members. 

1451.  Findings. 

1452.  Revision  by  the  President. 

1453.  Disability  by    an   incident  of  the 

service. 

1454.  Disability  by  other  causes. 

1455.  Not  to  be  retired  without  a  hearing. 

1456.  Not  to  be  retired  for  misconduct. 

1457.  Privileges  and  liabilities. 

1458.  Vacancies  by  retirement. 

1459.  Withdrawn  from  command. 


Sec. 

-    Act  Aug.  5,  1882,  prohibiting   pro- 
motion. 

1462.  Active  duty. 

1462.  Assigned  to  command  of  squadrons 
and  ships. 

1464.  Commanders    of    squadrons,  from 

what  grades  selected. 

1465.  When  restored  to  active  list. 
1473.  Retired  chiefs  of  bureaus. 

1481.  When  retired  for  age  or  length  of 

service. 

1482.  Retired  for  causes  incident  to  serv- 

ice, staff. 

1588.  Pay  of  retired  officers. 

1589.  Pay  of  certain  rear-admirals. 

1590.  Pay  of  third  assistant  engineers. 

1591.  Pay  not  increased  by  promotion. 

1592.  Pay  on  active  duty. 

1593.  Pay  of  officers  retired  on  furlough. 

1594.  Transfer  from  furlough  to  retired 

pay. 

1595.  Not  entitled  to  rations. 


service. 


Aug.  3, 1861,  s. 
21,  v.  12,  p.  290. 


Title  15,  chap.  8.     SEC.  1443.  When  any  officer  of  the  Navy  has  been  forty 
lifter  40  years'  years  in  the  service  of  the  United  States  lie  may  be  retired 
from  active  service  by  the  President  upon  his  own  appli- 
cation. 

M»r.  s,  1888.       Hereafter  there  shall  be  no  promotion  or  increase  of  pay 
Promotions  in  the  retired  list  of  the  Navy  but  the  rank  and  pay  of  offi- 
pay  'for^reSred  cers  on  the  retired  list  shall  be  the  same  that  they  are  when 
officers   prohib-  such  officers  shall  be  retired. 

ited. 

R.S.,  sees.  1443- 
1465. 


SEC.  1444.  When   any  officer  below  the  rank  of  Yice- 
serfice.  Admiral  is  sixty-two  years  old,  he  shall,  except  in  the  case 

i,  ^T'u'  P86329 i  provided  in  the  next  section,  be  retired  by  the  President 
June  25,'  1864,  si  from  active  service. 

1,  v.  13,  p.  183 ; 
Dec.  21, 1864,  s.  3, 
v.  13,  p.  420;  July 
16, 1862,  s.  8,  v.  12, 
p.  584;  Mar.  3, 
1873,  v.  17, 


SEC.  1445.  The  two  preceding  sections  shall  not  apply 


,  p.  556. 
Officers  of  cer- 

ret?rednoiniyt0for  to  any  lieutenant-commander,  lieutenant,  lieutenant  of  the 
disability  ^  junior  grade,  ensign,  passed  assistant  surgeon,  passed  as- 
6,  v/ie,  'P.  ssf;  sistant  paymaster,  passed  assistant  engineer,  assistant  sur- 
i86bp  iVSar  vs  geon>  assistant  paymaster,  or  assistant  engineer;  and  such 
1883.'  '  '  officers  shall  not  be  placed  upon  the  retired  list,  except  on 

account  of  physical  or  mental  disability. 
officers  who     gEC>  1446.  Officers  on  the  active  list,  not  below  the  grade 

have  received   ti     /»  -I-L-I  *    *•  jt  ±t 

vote  of  thanks,  of  commander,  who  have,  upon  the  recommendation  of  the 
s,  v"i2  P658462'  "'  President,  received  by  name,  during  the  Avar  for  the  sup- 
pression of  the  rebellion,  a  vote  of  thanks  of  Congress.  for 
distinguished  service,  shall  not  be  retired,  except  for  cause, 
until  they  have  been  fifty-five  years  in  the  service  of  the 
United  States. 

SBC.  1447.  When  the  case  of  any  officer  has  been  acted 
upon  by  a  board  of  naval  surgeons  and  an  examining  board 
f°r  promotion,  as  provided  in  Chapter  Four  of  this  Title, 
and  he  shall  not  have  been  recommended  for  promotion  by 
both  of  the  said  boards,  he  shall  be  placed  upon  the  retired 
list. 


and  act  of  Aug. 


RETIREMENT  OF  OFFICERS  IN  THE  NAVY.        117 

Whenever  on  an  inquiry  had  pursuant  to  law,  concerning   Aug.  s,  issa. 
the  fitness  of  an  officer  of  the  Navy  for  promotion,  it  shall    Not  to  be  re- 
appear  that  such  officer  is  unfit  to  perform  at  sea  the  duties  g*J  fo 
of  the  place  to  which  it  is  proposed  to  promote  him,  by    Aug.  5,  1882. 
reason  of  drunkenness,  or  from  any  cause  arising  from  his 
own  misconduct,  and  having  been  informed  of  and  heard 
upon  the  charges  against  him,  he  shall  not  be  placed  on  the 
retired-list  of  the  Navy,  and  if  the  finding  of  the  board  be 
approved  by  the  President,  he  shall  be  discharged  with  not 
more  than  one  year's  pay. 

SEC.  1448.  Whenever  any  officer,  on  being  ordered  toTitle?5>chap-8- 
perform  the  duties  appropriate  to  his  commission,  reports    R^tiringboard. 
himself  unable  to  comply  with  such  order,  or  whenever,  in  23,  Vuf2,  p.1!?!1.1  8> 
the  judgment  of  the  President,  an  officer  is  incapacitated  to 
perform  the  duties  of  his  office,  the  President,  at  his  discre- 
tion, may  direct  the  Secretary  of  the  Navy  to  refer  the  case 
of  such  officer  to  a  board  of  not  more  than  nine  nor  less    see  note  r. 
than  five  commissioned  officers,  two-fifths  of  whom  shall 
be  members  of  the  Medical  Corps  of  the  Navy.     Said  board, 
except  the  officers  taken  from  the  Medical  Corps,  shall  be 
composed,  as  far  as  maybe,  of  seniors  in  rank  to  the  officer 
whose  disability  is  inquired  of. 

SEC.  1449.   Said  retiring-board  shall  be  authorized  totie^er8anddu- 
in  quire  into  and  determine  the  facts  touching  the  nature    Aug.  3,1861,8. 
and  occasion  of  the  disability  of  any  such  officer,  and  shall 
have  such  powers  of  a  court-martial  and  of  a  court  of  inquiry 
as  may  be  necessary. 

SEC.  1450.  The  members  of  said  board  shall  be  sworn  in       th  of  mem- 


e 
each  case  to  discharge  their  duties  honestly  and  impartially.    Ai^g.  3,  isei, 

23,  v.  12,  p.  291. 


SEC.  1451.  When  said  retiring-board  finds  an  officer 
incapacitated  for  active  service,  it  shall  also  find  and  report 
the  cause  which,  in  its  judgment,  produced  his  incapacity, 
and  whether  such  cause  is  an  incident  of  the  service. 

SEC.  1452.  A  record  of  the  proceedings  and  decision  of 
the  board  in  each  case  shall  be  transmitted  to  the  Secretary    Mem. 
of  the  Navy,  and  shall  be  laid  by  him  before  the  President    ' 
for  his  approval  or  disapproval,  or  orders  in  the  case. 

SEC.  1453.  When  a  retiring-board  finds  that  an  officer  is 
incapacitated  for  active  service,  and  that  his  incapacity  is  service. 
the  result  of  an  incident  of  the  service,  such  officer  shall,  »^?fj!  s' 
if  said  decision  is  approved  by  the  President,  be  retired 
from  active  service  with  retired  pay,  as  allowed  by  Chapter 
Eight  of  this  Title. 

SEC.  1454.  When  said  board  finds  that  an  officer  is  in-.0£**jJ2»<  by 
capacitated  for  active  service  and  that  his  incapacity  is  not    Mem. 

Note  L—  No  power  of  review  over  the  proceedings  of  a  retiring  board  exists  by 
law  where  its  findin    has  been  once  aroved  b    the  President  and  his  "orders  in 


re  its  finding  has  been  once  approved  by  the  President  and  his  " 
"  executed.     (Op.,  XV,  p.  446,  Devena,  Feb.  8,  1878,  Rodney's  Case.) 


the  case 

Where  a  naval  retiring  board,  convened  to  inquire  into  the  nature  and  cause  of 
the  disability  of  an  officer,  has  once  finished  its  work,  rendered  a  complete  judgment 
in  the  case,  and  adjourned,  a  subsequent  reconsideration  of  its  judgment  by  the 
board,  unless  authorized  or  directed  by  proper  authority,  can  have  no  legal  effect. 
(Op.,  XVI,  p.  104,  Devens,  July  25,  1878,  Rodney's  Case.) 

Note  2.—  The  act  of  August  3,  1861,  chap.  42,  s.  23  (12  Stat  L.,  291,  now  R.  S.,  sees.      Retirement    of 

448,  1455),  applies  to  warrant  officers,  and  they  may  be  retired  as  well  as  coramis-  warrant  officers. 

sioned  officers.     The  President's  act  in  retiring  a  boatswain  in  1872  was  legal  and     C.  C.,  v.  18,  p. 

valid.    See  title  "Warrant  officers,  "sees.  1406,  1417.  537.     Browns 

Case. 


118   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

^is  A.  G.  op.,  P.  the  result  of  any  incident  of  the  service,  such  officer  shall, 
96seeAug.5,i882.  if  said  decision  is  approved  by  the  President,  be  retired 
from  active  service  on  furlough-pay,  or  wholly  retired  from 
service  with  one  year's  pay,  as  the  President  may  deter- 
mine. 

Not  to  be  re-     SEC.  1455.  No  officer  of  the  Navy  shall  be  retired  from 

hearing.ltbl      ft  active  service,  or  wholly  retired  from  the  service,  without 

idem.  a  full  and  fair  hearing  before  such  Navy  retiring-board,  if 

he  shall  demand  it,  except  in  cases  where  he  may  be  retired 

by  the  President  at  his  own  request,  or  on  account  of  age 

or  length  of  service,  or  on  account  of  his  failure  to  be 

recommended  by  an  examining  board  for  promotion. 

tii?dtfor°]nY9corn-  SEC.  145G-  No  officer  of  the  Navy  shall  be  placed  on  the 
duct.  retired  list  because  of  misconduct;  but  he  shall  be  brought 

e  vUi6,  Jfba?01 8'  t°  trial  by  court-martial  for  such  misconduct. 

1  See  '  sec.     1447 
and  act  Aug.   5, 

1882. 

liabiiuSf68  and  ^EC*  -^7.  Officers  retired  from  active  service  shall  be 
1  Jan.  1MS57,  s.  placed  on  the  retired  list  of  officers  of  the  grades  to  which 
Aug'  sSSi  1584s:  tuey  belonged  respectively  at  the  time  of  their  retirement, 
22, 23, 24, v.  12,  pp.  and  continue  to  be  borne  on  the  Navy  Register.  They  shall 
29see9notes  3,  4,  oe  entitled  to  wear  the  uniform  of  their  respective  grades, 
and*.  and  shall  be  subject  to  the  rules  and  articles  for  the  gov- 

ernment of  the  Navy  and  to  trial  by  general  court-martial. 
The  names  of  officers  wholly  retired  from  the  service  shall 
be  omitted  from  the  Navy  Register. 

retirement68   l'y     SEC<  1458'  The  next  officer  il1  rai1^  sna11  oe  promoted  to 
Aug. !? iwi,  s.  the  place  of  a  retired  officer,  according  to  the  established 

De/' 2\!' i8si!91s;  rules  °f  ^ie  service?  all<l  the  same  rule  of  promotion  shall 
6,  v.  12,  p.  330.'  be  applied  successively  to  the  vacancies  consequent  upon 

the  retirement  of  an  officer. 

frcJm  command""     SEC'  1459'  Officers  on  the  retired  list  shall  be  withdrawn 

Aug.  s,  1861, «.  from  command,  except  in  the  case  provided  in  sections 

DecV2iJ2i8^'i2?^.;^olir^een  hundred  and  sixty- three  and  fourteen  hundred 

3.4,  v.  12,  p.  329.  '  and  sixty-four,  and  from  the  line  of  promotion  on  the  active 

See  note  6.         i-   f 
See     Aug.     5,  Jlsr- 

1882. 

Active  jiuty.      SEC.  1462.  No  officer  on  the  retired  list  of  the  Navy  shall 
P.M?*'  Seeliotebe  employed  on  active  duty  except  in  time  of  wsir. 

3,  Title  "Dismissal  and  Resignation  of  Officers." 

NoteS.— An  act  of  January  30,  1875,  v.  18,  p.  304,  provided  for  difference  of  pay  for 
certain  officers  dropped,  retired,  etc.,  under  the  act  of  February  28, 1855. 

Note  4.—  The  appointment  of  a  line  officer  of  the  Navy  to  be  the  chief  of  a  bureau 
is  an  investiture  of  him  with  an  additional  office.  While  holding  that  oilier  lit-  lias 
the  relative  rank  of  commodore,  but  remains  in  his  lineal  position  in  the  Navy.  Tin- 
grade  to  which  he  belongs  for  the  purposes  of  section  1457  is  that  which  lie  holds  in 
the  Navy,  and  not  that  of  the  relative  rank  incidental  to  his  temporary  occupation 
of  anothW  and  distinct  office.  (Op.  July  8,  1881,  MacVeagh.  Whiting's  Case.  See 
also  Op.,  X,  p.  378.) 

Retirement    of     Note  .I.— Congress  may  retire  an  officer  from  active  service  and  place  him  on  the 

officers.  retired  list  with  a  rank  different  from  that  which  attaches  to  his  office  by  general 

C.  C.,  Woods'slaws,  and  may  change  the  mere  rank  of  an  officer  on  the  active  or  retired  list  at 

Case,  v.  18,  p.  761.  pleasure,  without  coming  in  conflict  with  the  Constitution.     (Decisions  of  the  C.  C., 

XV,  p.  151,  affirmed  by  Supreme  Court.) 

Note  6.— Sections  1460  and  1461,  from  the  acts  of  July  16,  1862,  s.  14,  v.  12,  p.  585; 
Aug.  15,  1876,  v.  19,  p.  204 ;  July  25,  1866,  H.  1,  v.  14,  p.  222 ;  Jan.  16,  1857,  ss.  4  and  11,  p. 
154;  Jan.  30, 1875,  v.  18.  p.  304,  and  Mar.  2,  1867,  s.  9,  v.  14,  p.  517,  contained  provisions 
for  the  promotion  of  officers  on  the  retired  list,  under  certain  conditions.  "They  were 
repealed  or  annulled  by  the  act  of  Aug.  5,  1882,  forbidding  such  promotion. 


RETIREMENT    OF    OFFICERS    IN   THE    NAVY.  119 

(1)  That  any  retired  officer  of  the  Navy  or  Marine  Corps    Mar-  2» 
may,  on  his  own  application,  be  detailed  to  service  as  a 
teacher  or  professor  in  any  school  or  college, 


teac 

but  Avhile  so  serving  such  officer  shall  be  allowed  no  —  without  '  a<iai- 
sMlditional  compensation.  <$£?******* 

SEC.  1463.  In  time  of  war  the  President,  by  and  with  00^"ia*J1ded  *° 
the  advice  and  consent  of  the  Senate,  may  detail  officers  st^adronV  an°d 
on  the  retired  list  for  the  command  of  squadrons  and  single  8hJF;  91 

*       .  •.  •*-.-.•  .   »  .         .   ,  •»,*...  .  m^  -'CC.     -  1  , 


ships,  when  he  believes  that  the  good  of  the  service  requires  3,  v.  12, 'p.  329! 

"       "   1873,  a.  1, 

•47. 

SEC.  1404.  In  making  said  details  the  President  may   Commanders  of 


that  they  shall  be  so  placed  in  command.  ^17,  j>!  54?.3 

Command 

select  any  officer  not  below  the  grade  of  commander  and  Slfflf "rades 
assign  him  to  the  command  of  a  squadron,  with  the  rankle^j[-21  ^  ^ 
and  title  of  "flag-officer;'7  and  any  officer  so  assigned  shatter.  12,  p.  320. ' 8 
have  the  same  authority  and  receive  the  same  obedience 
from  the  commanders  of  ships  in  his  squadron  holding  com- 
missions of  an  older  date  than  his  that  he  would  be  entitled 
to  receive  if  his  commission  were  the  oldest. 

SEC.  1405.  Retired  officers  so  detailed  for  the  command  when  restored 
of  squadrons  and  single  ships  maybe  restored  to  the  active 
list,  if,  upon  the  recommendation  of  the  President,  they 
shall  receive  a  vote  of  thanks  of  Congress  for  their  services 
and  gallantry  in  action  against  the  enemy,  and  not  other- 
wise. 

SEC.  1473.  Officers  who  shall  have  been,  or  who  shall  be,  Title  is,  chap.  4. 
retired  from  the  positions  of  chiefs  of  the  Bureaus  of  Med-  Retired  from 
icine  and  Surgery,  of  Provisions  and  Clothing,  of  Steam  Jf^JJ^  cllief 
Engineering,  or  of  Construction  and  Kepair,  by  reason  of  Mar.  3,  isji,  8. 
age  or  length  of  service,  shall  have  the  relative  rank  Of5.v'16>p«535- 
commodore. 

SEC.  1481.  Officers  of  the  Medical,  Pay,  and  Engineer  ^^^^ 
Corps,  chaplains,  professors  of  mathematics,  and  construct-  wheifretired^br 
ors,  who  shall  have  served  faithfully  for  forty- five  years,  *|®vl?cre  leusth  of 
shall,  when  retired,  have  the  relative  rank  of  commodore;  86Mare'3,  i87i,  8. 
and  officers  of  these  several  corps  who  have  been  or  shalllliV>16'p<537> 
be  retired  at  the  age  of  sixty-two  years,  before  having 
served  for  forty-five  years,  but  who  shall  have  served  faith- 
fully nntil  retired,  shall,  on  the  completion  of  forty  years 
from  tlieir  entry  into  the  service,  have  the  relative  rank  of 
commodore. 

SEC.  1482.  Staff-officers,  who  have  been  or  shall  be  retired    when  retired 
for  causes  incident  to  the  service  before  arriving  at  sixty-  dentSTaervic"?1" 
two  years  of  age,  shall  have  the  same  rank  on  the  retired    idem, 
list  as  pertained  to  their  position  on  the  active  list. 

SEC.  1588.  The  pay  of  all  officers  of  the  Navy  who  have  Title  15, chap.  8. 
been  retired  after  forty-five  years'  service  after  reaching    Pay  of  retired 
the  age  of  sixteen  years,  or  who  have  been  or  may  be  officers, 
retired  after  forty  years'  service,  upon  their  own  applies ^  T.  UMoTittBJ 
tion  to  the  President,  or  on  attaining  the  age  of  sixty-two  M^-  3',?££3' 8>1' 
years,  or  on  account  of  incapacity  resulting  from  long  andv< 
faithful  service,  from  wounds  or  injuries  received  in  the  line 
of  duty,  or  from  sickness  or  exposure  therein,  shall,  when 
not  on  active  duty,  be  equal  to  seventy-five  per  centum  of 


120   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

'  8'  tne  sea  Pay  Provi(iecl  by  this  chapter  for  the  grade  or  rank 
which  they  held,  respectively,  at  the  time  of  their  retire- 
ment. The  pay  of  all  other  officers  on  the  retired  list  shall, 
when  not  on  active  duty,  be  equal  to  one-half  the  sea-pay 
provided  by  this  chapter  for  the  grade  or  rank  held  by 
them,  respectively,  at  the  time  of  their  retirement. 

Junea5di872al8      SEC-  1589>  ^ear-admirals  on  the  retired  list  of  the  Navy, 

1,  A-. 'n,'  p.  226 J  who  were  retired  as  captains  when  the  highest  grade  in  the 
^17,  p!  MS?'  "'^Navy  was  captain,  at  the  age  of  sixty-two  years,  or  after 

forty-five  years'  service,  and  who,  after  their  retirement, 
were  promoted  to  the  grade  of  rear-admiral,  and  performed 
the  duties  of  that  grade  in  time  of  war,  shall  be  considered 
as  having  been  retired  as  rear-admirals. 

en^iet?8s.8i8taTlt     SEC- 1590-  Officers  who  have  been  retired  as  third  assist- 
Mar.  3, 1859,  s.  2,  ant  engineers  shall  continue  to  receive  pay  at  the  rate  of 
t&ft^t^'four  hundred  dollars  a  year. 

p.  290;' July,  1862', 
s.  20,  v.  12,  p.  587 ; 
Apr.  21, 1864,  8.  7, 
v.  13,  p.  54;  July 
15, 1870,8.5,  v.  16, 

Pay  not  i»-  SEC.  1591.  No  officer,  heretofore  or  hereafter  promoted 
motfon!  by  pr°"upon  the  retired  list,  shall,  in  consequence  of  such  promo- 
o  ^ari'42'  1865i78'  ti°n?  ke  entitled  to  any  increase  of  pay. 

July  15,'  1870,  s.  5, 
v.  16,  p.  333. 

Aug.  6, 1882.       Hereafter  there  shall  be  no  promotion  or  increase  of  pay 

22  stat.  L.,  p.  in  the  retired  list  of  the  Navy  but  the  rank  and  pay  of  offi- 

28^v  cers  on  the  retired  list  shall  be  the  same  that  they  are  when 

JN o  promotion,  -         -^  _      __  _  - 

etc.,  of  retired  such  officers  shall  be  retired. 

officers. 

17  A.  G.  op.,  p. 
495. 

Title  is,  chap.  8.     SEC.  1592.  Officers  on  the  retired  list,  when  on  active 
Pay  on  active  duty,  shall  receive  the  full  pay  of  their  respective  grades. 

duty. 

June  1, 1860,  s. 
5,v.l2,p.27;Mar. 

2,  1867,  s.  9,  v.  14, 
p.  517. 

officers  retired     gEC>  1593.  Officers  placed  on  the  retired  list,  on  furlough 

on  furlough  pay.  in  -  -r  i      i«»      /»   <i  1-1.1 

Mar.  3, 1835,  s.  pay,  shall  receive  only  one-half  of  the  pay  to  which  they 
t  iT'9a'iaiU'L69;  would  have  been  entitled  if  on  leave  of  absence  on  the 

r  el),  *o,  loDO,  8.  Z,  . 

v.  10,  p.  616;  Jan.  active  Ust. 

16, 1857,  s.  l,v.  11, 

p.  154;  Aug.  3,  1861,  s.  23,  v,12,  p.  291 ;  July  28,  18G6,  s.  2,  v.  14,  p.  345;  Jan.  30, 1875, 

v.  18,  p.  304. 


Note  7.— Sections  1588,  1590,  and  1593,  which  contain  provisions  both  of  a  general 
and  special  character  prescribing  the  compensation  of  naval  retired  officers,  and  em- 
bracing within  their  scope  all  such  officers,  whether  of  the  line  or  staff,  superseded 
all  provisions  in  force  at  the  adoption  of  the  Revised  Statutes  by  which  that  com- 
pensation was  previously  regulated,  and  those  sections  thereafter  fnrnished  the  only 
law  upon  the  subject.  (Op.,  XV,  p.  316,  Devens,  June  18,  1877.) 

Note  8.— The  first  clause  of  section  1588  simply  limits  its  application  to  officers 

who,  after  having  attained  the  age  of  sixteen  years,  render  forty-five  years  service 

and  are  then  retired.    An  officer  entering  the  Navy  at  fifteen  years  of  age,  would 

have  to  serve  forty-six  years  before  becoming  entitled  to  the  benefits  of  the  sect  i<m. 

C.  C.,  v.  18,  p.     Note  P.— The  word  "grade"  in  sec.  1588,  R.  S.,  refers  to  the  divisions  of  officers 

339.      R  u  t  h  e  r-  into  five-year  periods  of  service.    An  officer  retired  in  the  third  period  of  five  years' 

ford's  Case.  service  is  entitled  to  75  per  cent  of  the  sea  pay  of  that  pay  grade,  and  not  to  the 

highest  pay  of  a  chief  engineer  who  has  served  over  twenty  years.     [Use  of  words 

"  grade  '7  and  ' '  rank  "  in  the  several  statutes  relative  to  the  Navy  is  discussed  in  this 

opinion.] 

Longevity  pay.     Note  10.— Longevity  pay  for  officers  of  the  Navy  was  first  established  by  law  in 

C.  C.,  v.  18,  p.  J835.    It  was  then  allowed  only  to  surgeons.    Officers  of  the  Navy  on  the  retired  list 

111,  1883;  Thorn-  are  not  entitled  to  increase  of  pay  by  reason  of  longevity  while  on  that  list.    The 

ley's  Ca»e:  also,  periods  of  five  years'  service  mentioned  in  R.  S.,  sec.  1556,  for  increase  of  pay  are 

p.    537,   Brown's  "grades"  within  the  meaning  of  R.  S.,  sec.  1588. 


SECRETARIES  AND  CLERKS  IN  THE  NAVY. 


121 


SEC.  1594.  The  President,  by  and  with  the  advice  and  f. . 
consent  of  the  Senate,  may  transfer  any  officer  on  the  retired  tired  pal. 
list  from  the  furlough  to  the  retired-pay  list.  3  ^aniil6' 185i54 ' 

July  10,  1862,  s. 
20,  v.  12,  p.  587; 
Jan.  30,  1875,  v. 
18,  p.  304.  See 
notes  under  Pay, 
Furlough,  a  lid 
Dismissal  and 
Resignation  of 
Officers. 

SEC.  1595.  Rations  shall  not  be  allowed  to  officers  on  the    Rations. 

<r  Jnl^  16' 1862'  8' 

st.  20,  v.  12,  p.  537. 

See     "Rations," 

RETIREMENT  in   MARINE   CORPS    (see   MARINE  CORPS, 
Division  II). 


SECRETARIES  AND  CLERKS. 


Sec. 

1556.  Secretary  at  Naval  Academy. 
-    Clerks  at  Naval  Academy. 

1386.  Clerks  to  paymasters. 

1387.  Wben  not  allowed  to  paymasters. 

1388.  Clerks    to    passed     assistant     and 

assistant  paymasters. 


Sec. 

1556.  Pay  of  same. 

1556.  Clerks  to  commandants. 

1416.  Discontinuance  of,  at  yards. 

No  more  appointments  from  civil 

life. 

Officers  as  secretaries  and  clerks. 


Secretary  of  the  Naval  Academy,  one  thousand  eight  July  15,  mo,  s. 
hundred  dollars.  »,  v.  ie,  P.  m 

SEC.  1386.  Paymasters  of  the  fleet,  paymasters  on  ves-  Title  is,  chap.i. 
sels  having  complements  of  more  than  one  hundred  and  clerks  to  pay- 
seventy-five  persons,  on  supply-steamers,  store- vessels,  and  mas*ers,  °f,  the 

.     y  ,  ^  ,.  ,       ,    ,,       ...f         ,  fleet  and  others. 

receiving  ships,  paymasters  at  stations  and  at  the  Naval  Juiyi4,i862,s. 
Academy,  and  paymasters  detailed  at  stations  as  inspectors  ^ay  262>  is6456v. 
of  provisions  and  clothing,  shall  each  be  allowed  a  clerk,  is,  p.  92.' 

SEC.  1387.  No  paymaster  shall  be  allowed  a  clerk  in  a    when  not  ai 
vessel  having  the  complement  of  one  hundred  and  seventy-  l°Mady  26, 1864,  v. 
five  persons  or  less,  excepting  in  supply  steamers  and13'?-92- 
store-vessels. 

SEC.  1388.  Passed  assistant  paymasters  and  assistant  cierka  of  passed 
paymasters  attached  to  vessels  of  war  shall  be  allowed  SnT^payn.as- 
clerks,  if  clerks  would  be  allowed  by  law  to  paymasters  so*6™. 

,  .         •«         i  M  ;ir.   o,  loOc>,  8. 

attached.  5,  v.  12,  p.  sis. 

SEC.  1556.  *     *    *     Clerks  to  paymasters  at  navy-yards,  Title  15,  chap,  s. 
Boston,  New  York,  Philadelphia,  and  Washington,  one  "cierks  to    a^ 
thousand  six  hundred  dollars;  Kittery,  Norfolk,  and  Pensa- 
cola,  one  thousand  four  hundred  dollars;  Mare  Island,  one 
thousand  eight  hundred  dollars. 

Clerks  to  paymasters,  at  other  stations,  one  thousand 
three  hundred  dollars. 

Clerks  to  paymasters  of  receiving-ships  at  Boston,  New    cierks  to  pay. 
York,  and  Philadelphia,  one  thousand  six  hundred  dollars j^ibi^s, etc.  v 
at  Mare  Island,  one  thousand  eight  hundred  dollars;  of 
other  receiving-ships,  one  thousand  three  hundred  dollars. 

Clerks  to  paymasters  on  vessels  of  the  first  rate,  one    cierks  to  pay- 
thousand  three  hundred  dollars;  on  vessels  of  the  second ££. 
rate,  one  thousand  one  hundred  dollars;  on  vessels  of  the 
third  rate,  and  supply- vessels  and  store-ships,  one  thousand 
dollars. 


122   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


aCma8ters  Awt     ^^er^s  *o  fleet  paymasters,  one  thousand  one  hundred 


ISy-     Clerks  to  paymasters  at  the  Naval  Academy  and  Naval 
inm  and  Acad-  Asylum,  one  thousand  three  hundred  dollars. 

emy. 

speetors  to  in'     Clerks  *°  inspectors  in  charge  of  provisions  and  clothing, 

July  15,  1870,  a.  at  navy-yards,  Boston,  New  York,  Philadelphia,  and  Wash 

3'  sec\ote3i.'      ington,  one  thousand  six  hundred  dollars;  to  inspectors  in 

like  charge  at  other  inspections,  one  thousand  three  hun- 

dred dollars. 

^y-  SEC.  1550.  *    *    *    First  clerks  to  commandants  of  navy- 

'  '  uiy  lo.  io  M  ',  s.  •.  .  -,  ,      ,          i  t         i     i     1  1 

3,  v.  16,  p.  332.      yards,  one  thousand  five  hundred  dollars. 

Second  clerks  to  commandants  of  navy-yards,  one  thou- 
sand two  hundred  dollars. 

Clerk  to  commandant  of  navy-yard  at  Mare  Island,  one 
thousand  eight  hundred  dollars. 

Clerks  to  commandants  of  naval  stations,  one  thousand 
five  hundred  dollars. 

Title  is,  chap,  i.     gEC>  141(5.  The  Secretary  of  the  Navy  is  authorized,  when 

cierks  at  yards  in  his  opinion  the  public  interest  will  permit  it,  to  discoii- 

Sedbe         "'tinue  the  office  or  employment  of    *     *     *     any  clerk  of 

Aug.  10,  1846,  s.  the  yard,  clerk  of  the  commandant,  clerk  of  the  store- 

keeper, clerk  of  the  naval  constructor.    *    *    * 

May  4,  1878.        Qn  an(j  a,fter  the  first  day  of  July,  eighteen  hundred  and 
secretaries  and  seventy-eight,  there  shall  bo  no  appointments  made  from 

clerks  from  civil     .     .  ,    ,.«/,      ^  ,  ,      ,  x   ,  1         A    -,      .      ,  -^T. 

life  not  to  heap-  civil  life  ot  secretaries  or  clerks  to  the  Admiral,  or  Vice- 

P°i)et1iiiao?atofli  Admirals,  when  on  sea  service,  commanders  of  squadrons, 

cers  to  perform  or  of  clerks  to  commanders  of  vessels;  and  an  officer  not 

^May^'ms,  v.  above  the  grade  of  lieutenant  shall  be  detailed  to  perform 

20^/50;'  Mar!  s,  the  duties  of  secretary  to  the  Admiral  or  Vice-  Admiral, 

when  on  sea  service,  and  one  not  above  a  lieutenant  of  the 

junior  grade  to  perform  the  duties  of  clerk  to  a  rear-admiral 

or  commander,  and  one  not  above  the  grade  of  ensign  to 

perform  the  duties  of  clerk  to  a  captain,  commander,  or 

lieutenant-commander  when  afloat.     *     *     * 

Note  1.  —  The  clerk  of  a  paymaster  in  the  Navy  is  subject  to  the  jurisdiction  of  a 
court-martial,  and  may  be  arrested  and  tried  for  an  offense  committed  while  in  the 
service,  even  after  his  connection  with  it  lias  been  legally  severed.  (Ex  parte  Bogart, 
17  Int.  Rev.  Rec.,  155.) 

Under  the  act  of  Mar.  2,  1863,  a  paymaster's  clerk  is  a  person  in  the  military 
service,  and  liable  to  trial  by  court-martial.  (United  States  v.  Bogart,  3  Benedict 
II.,  257.) 

A  regularly  appointed  clerk  of  a  paymaster  in  the  Navy  is  a  "person  in  the  naval 
service  of  the  United  States"  within  the  meaning  of  article  14,  section  1624,  of  tlie 
Revised  Statutes,  and  lor  a  violation  of  its  provisions  is  subject  to  be  tried,  con- 
victed, and  sentenced  by  a  naval  general  court-martial.  (Otto,  S.  0.,  100,  p.  13,  Oct., 
1879.)  See  same,  case  of  Reed,  paymaster's  clerk,  tried  by  court-martial,  where,  on 
habeas  corpus,  the  Supreme  Court  decided  that  the  court-martial  had  jurisdiction 
and  was  competent  to  pass  the  sentence  of  which  he  complained. 

A  paymaster's  clerk  in  the  Navy,  regularly  appointed,  and  assigned  to  duty  on  a 
receiving  ship,  is  a  person  in  the'naval  service  of  the  United  States,  subject  i<>  In 
tried  and  convicted,  and  to  bo  sentenced  to  imprisonment,  by  a  general  court-mart  ial, 
for  a  violation  of  section  1624  of  the  Revised  Statutes.  (Johnson  v.  Sayn-,  ir.s  IT.  s., 
p.  109.) 


SEAMEN   IN    THE    NAVY.  123 

SEAMEN  IN  THE  NAVY. 


See. 

.  Apprentices  of  the  Xavy. 

1407.  Promotion  of  seamen. 

1408.  Seamen  rated  as  mates. 

1409.  Not  discharged  from  enlistment  by 

being  rated  mates. 

1410.  Petty  ollicers. 

1417.  Enlisted  men,  number  of. 

1418.  Term  of  enlistment. 

1419.  Consent  of  parents  and  guardians. 

1420.  Persons  not  to  be  enlisted. 

1421.  Transfer    from   military    to    naval 

service. 

1422.  Men    sent    home   at  expiration    of 

term. 

1423.  Subject  to  regulations,  etc. 

1424.  Limit  of  detention. 

1425.  What  to  be  contained  in  shipping 

articles. 

1426.  Honorable    discharge,     to    whom 


Sec. 

1427.  Form  of  honorable  discharge. 

1429.  Men  entitled  to  honorable  discharge. 

1430.  Sale  of  wages  and  pri/e  money. 

1431.  Duty  as  to  granting  leave  and  lib- 

erty. 

lf>G9.  Pay  of  enlisted  men. 

1570.  Additional  pay  for  serving  as  fire- 
men, etc. 

lf>72.  Detention  beyond  term  of  enlist- 
ment. 

1573.  Bounty -pay  for  reenlisting. 

1574.  Crews  of  lost  or  wrecked  vessels. 

1575.  Crews  taken  by  an  enemy. 

1576.  Assignment  ot  wages. 

Act  February  9, 1889.  Petty  officers  and 
seamen' may  deposit  savings,  etc. 

4878.  Burial  of  seamen  in  national  ceme- 
teries. 

Machinists  in  the  Navy. 


granted. 

That  the  Secretary  of  the  Navy  be,  and  he  is  hereby,  APril  24» 1896- 
authorized  to  establish  a  training  station  for  naval  appren-     9s*at 
tices  on  the  island  of  Yerba  Buena,  (or  Goat  Island),  in  th 
harbor  of  San  Francisco,  California;  and  said  Secretary 
authorized  to  designate  two  officers  of  the  Navy,  and  the  turn  established. 
Secretary  of  War  is  authorized  to  designate  one  officer  of 
the  Army,  said  three  officers  to  constitute  a  board,  who 
shall  select  and  assign  so  much  of  said  island  as  may  be 
necessary  for  the  purpose  of  establishing  said  naval  train- 
ing station;  and  the  site  so  selected,  when  approved  by  the 
President,  shall  be,  by  virtue  of  this  Act,  transferred  to 
the  Navy  Department  for  the  purposes  of  said  naval  train- 
ing  station. 

SEC.  2.  That  all  apprentices  of  the  Navy,  whether  at  a 
training  station  or  on  board  an  apprentice  training  ship,  limit  of  enlisted 
shall  be  additional  to  the  number  (1)  of  enlisted  persons  n™?.'s.,  §  1417. 
allowed  by  law  for  the  Navy. 

SEC.  1407.  Seamen  distinguishing  themselves  in  batttle,  Title  is,  chap,  i. 
or  by  extraordinary  heroism  in  the  line  of  their  profession,    Promotion  of 
may  be  promoted  to  forward  warrant  officers,  upon  the  ?ant"omclrswa 
recommendation  of  their  commanding  officer,  approved  by    May  1?,  isw,  »• 
the  flag-officer  and  Secretary  of  the  Navy.    And  upon  such '  'sjJnote  2. 
recommendation  they  shall  receive  a  gratuity  of  one  him-  Tfff08a™promc0: 
dred  dollars  and  a  medal  of  honor,  to  be  prepared  under  turn  or  Advance- 
the  direction  of  the  Navy  Department.  ment." 

SEC.  1408.  Mates  may  be  rated,  under  authority  of  tfoeJJg^JJJg^6 
Secretary  of  the  Navy,  from  seamen  and  ordinary  seamen  '  May  17,  isei/s. 
who  have  enlisted  in  the  naval  service  for  not  less  than  two  MarT;  3*186?;  8793; 
years.  v- 13.  P-  539- 

SEC.  1409.  The  rating  of  an  enlisted  man  as  a  mate, 
his  appointment  as  a  warrant  officer,  shall  not  discharge  enlistment. 
him  from  his  enlistment. 

Note.  I.— This  number  is  fixed  by  1893,  March  3,  ch.  212,  par.  8,  ante,  p.  131,  at  9,000 ; 
though  by  1895,  March  2,  ch.  18(5,  par.  1,  ante,  p.  426,  the  enlistment  of  1,000  addi- 
tional seamen  is  authorized  in  the  discretion  of  the  Secretary  of  the  Navy. 

Note  2.— The  seventh  section  of  the  act  of  December  21,  1861,  vol.  12,  p.  329,  author- 
ized the  Secretary  of  the  Navy  to  prepare  medals  of  honor,  with  suitable  emblematic 
devices,  to  be  bestowed  upon  such  petty  officers,  seamen,  landsmen,  and  marines  as 
should  inost  distinguish  themselves  by  their  gallantry  in  action,  and  other  seaman- 
like  qualities  during  the  war  of  the  rebellion.  Appropriations  have  since  been  made. 
for  such  medals,  which  are  bestowed  in  meritorious  cases,  although  no  promotion 
takes  place. 


124   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


gEc.  1410.  All  officers  not  holding  commissions  or  war- 
is,  v.  12,  p.  6io.'  '  rants,  or  who  are  not  entitled  to  them,  except  such  as  are 
temporarily  appointed  to  the  duties  of  a  commissioned  or 
warrant  officer,  and  except  secretaries  and  clerks,  shall  be 
deemed  petty  officers,  and  shall  be  entitled  to  obedience, 
in  the  execution  of  their  offices,  from  persons  of  inferior 
ratings. 

Mar.  3,  1893.       S'EG.  1417.  And  the  number  of  persons  who  may  at  one 

Number  of  en-  time  be  enlisted  into  the  Navy  of  the  United  States,  includ- 

at  Itooo"611     ed  ing  seamen,  ordinary  seamen,  landsmen,  mechanics,  firemen, 

See  note  3.       anc[  coai  heavers,  and  including  one  thousand  five  hundred 

June  10,  189G.  apprentices  and  boys,  hereby  authorized  to  be  enlisted 

vo?  2PP517R'  s''  annually,  shall  not  exceed  nine  thousand.     *    *    »     And 

v°29sPat.L'.,36i.the  Secretary  of  the  Navy  is  hereby  authorized  to  enlist 

Additional  sea  at  anv  time  aft.er  ^e  passage  of  this  Act  as  many  addi- 

men.     Mar.  a,  tional  men  as  in  his  discretion  he  may  deem  necessary, 

88p3'i3h  212'par-  not  to  exceed  one  thousand.     Provided,  That  in  the  appoint- 


Subttitutefor   ment  of  wcbrrawt-offic&rs  in  the  naval  service  of  the  United 
Apprentices,  States,  preference  shall  be  given  to  men  who  have  been  honor- 
fenedhiappoint'  ably  discharged  upon  the  expiration  of  an  enlistment  as  an 
mentof  warrant-  apprentice  or  boy,  to  serve  during  minority,  and  reenlisted 
Promotion   ^within  three  months  after  such  discharge,  to  serve  during  a 
seamen  as  war-  term  of  'three  or  more  years  :  Provided  further,  That  nothing 
affected?06      oi  in  this  act  [section]  shall  be  held  to  abrogate  the  provisions  of 
?>s''?e?^407:  section  fourteen  hundred  and  seven  of  the  Revised  Statutes 

v  11H6  /,  lotM,  V.         _      _          _*         9         _      -^ 

13,  p.  120  ;  June  of  the  United  States. 

17,  1868,8.  2,  v.  15, 
p.  72;  May  12. 
1879,  v.  21,  p.  3; 
June  30,  1876,  v. 
19,  p.  66. 

Term  of  enlist-  SEC.  1418.  Boys  between  the  ages  of  fourteen  and  eight'* 
mMar.  2,  1837,  s.  een  years  may  be  enlisted  to  serve  in  the  Navy  until  they 
M  v'  12  P879153'  sna11  arrive  at  the  a£e  of  twenty-one  years;  other  persons 
2iap.  3;'  Feb.'  23,'  may  be  enlisted  to  serve  for  a  period  not  exceeding  five 
18seeVnotep4  331'  7ears?  unless  sooner  discharged  by  direction  of  the  Pres- 
ident. 

That  section  fourteen  hundred  and  eighteen  be  amended 
so  as  to  read  as  follows  : 

Mayi2,  1879,21     "  SEC.  1418.  Boys  between  the  ages  of  fifteen  (5)  and 
Ktas.',p.'263Supp'  eighteen  years  may  be  enlisted  to  serve  in  the  Navy  until 
rs1^0^  sna^  arrJve  at  the  age  of  twenty-one  years;  other 
for  persons  may  be  enlisted  to  serve  for  a  period  not  exceed- 
E.S.,§  HIP.       jug  five  vearS)  unless  sooner  discharged  by  direction  of  the 

President." 
-between  ages     Th&t,  section  fourteen  hundred  and  nineteen  be  amended 


of  15  and  18  years  _  .. 

so  as  to  read  as  follows  : 

substitute  for     <'  SEC.  1419.  Minors  between  the  ages  of  fifteen  (5)  and 
eighteen  years  shall  not  be  enlisted  for  the  naval  service 
without  the  consent  of  their  parents  or  guardians." 
areVb'?ohpbH°eci     r^na*;  section  fourteen  hundred  and  twenty  be  amended 
fromperniistinge(  so  as  to  read  as  follows: 

"  SEC.  1420.  No  minor  under  the  age  of  fifteen  (5)  years, 


NoteS.—  The  number  of  enlisted  men  in  tbe  Navy  M;IS  lixcil  by  R.  S.,  sec.  1417,  at 
8,500.  This  was  reduced  by  1876,  Juno  30,  ch.  159  (incorporated  in  second  edition  of 
R.  S.,  19  Stat.  L.,66),  to  7,500;  increased  by  1879,  May  12,  ch.  5  (1  Supp.  R.  S.,  263),  to 
8,250,  and  by  the  above  act  to  9,000. 

Note  4.—  The  original  statute  limiting  the  age  to  sixteen,  was  amended  by  act  of 
May  12,  1879,  to  fifteen,  and  by  Stat.  L.,  v,  21,  p.  338.  changed  in  fourteen. 

Note  5.—  Changed  to  "fourteen  "  by  1881,  Feb.  23,  ch.  73,  §  2,  p.  318. 


SEAMEN,  LANDSMEN,  AND  BOYS  IN  THE  NAVY.      125 

no  insane  or  intoxicated  person,  and  no  deserter  from  the 
naval  or  military  service  of  the  United  States,  shall  be 
enlisted  in  the  naval  service." 

SEC.  1419.  Minors  between  the  ages  of  fourteen  and  eight-  e 
eeu  years  shall  not  be  enlisted  for  the  naval  service  with-  fans. 
out  the  consent  of  their  parents  or  guardians.  l  ^ar52'p183^|: 

Mar.'3,  i865',  s.18,' 
v.  13,  p.  490;  May 
12,  1879,  v.  21,  p.  3; 
Feb.  23,  1881,  v. 

SEC.  1420.  No  minor  under  the  age  of  fourteen  years,  no  Persons  not  to 
insane  or  intoxicated  person,  and  no  deserter  from  the  b6Mar!83?di865,  8. 
naval  or  military  service  of  the  United  States,  shall  beJJ  y-  13-  •  P-  4>9°; 
enlisted  in  the  naval  service.  2i,ap.  3;'  Feb.'  23,' 

1881,  v.  21,  p.  331. 
See  note  6. 

That  in  order  to  encourage  the  enlistment  of  boys  as    Mar.  i,  isso. 
apprentices  in  the  United  States  Navy,  the  Secretary  of  25Stat.L.,78i. 
the  Navy  is  hereby  authorized  to  furnish  as  a  bounty  to    Naval  appren- 
each  of  said  apprentices  after  his  enlistment,  and  when  bounty  ^ut^  on 
first  received  on  board  of  a  training-ship,  an  outfit  of  enlistment. 
clothing  not  to  exceed  in  value  the  sum  of  forty-five  dollars,  j^b8"  8ec8-1417~ 

May  12,  1879, 
ch.  5,  p.  263  ;  Feb. 
23,  1881.ch.73,  8. 
2,  p.  318. 

And  fraudulent  enlistment,  and  the  receipt  of  any  pay  or    Mar.  3,  1393. 
allowance  thereunder,  is  hereby  declared  an  offense  against    27  stat.  L.,  715. 
naval  discipline  and  made  punishable  by  general  court  ^-Sof'8''1892" 
martial,  under  article  twenty-two  of  the  articles  for  the  'Punishment 
government  of  the  Navy  5  Siata±lent 

R.S.,  sees.  1417- 
1420,  1624,  arts. 
19,  22. 

but  this  provision  shall  not  take  effect  until  sixty  daysefiec£en  takea 
after  the  passage  of  this  act. 

The  register  of  wills  shall  hereafter  prepare  papers  in    Mar.  3,  i89i. 
connection  with  appointment  of  guardians  to  enable  indi- 


ment  papers  to  be  prepared  free. 


Note  6.  —  United  States  courts  can  inquire  into  the  validity  of  enlistments  on 
habeas  corpus,  and  thereupon  discharge  enlisted  persons  in  proper  cases.  This 
power  can  not  legally  be  exercised  by  State  courts.  (Winthrop's  Digest,  pp.,  250, 
280,  with  authorities  given.)  Subject  discussed.  (Also  Op  ,  XII,  259.) 

It  has  generally  been  held  that  the  enlistment  of  minors  in  the  Navy,  over  18,  was 
legal.  The  circuit  court  of  the  United  States,  district  of  Massachusetts,  however, 
January  30,  1883,  ordered  the  discharge  of  a  minor,  basing  its  action  on  a  decision  of 
Judge  Lowell  in  1870,  which  was  that  Oongress  had  the  right  to  pass  a  law  making 
legal  the  enlistment  of  a  minor,  but  not  having  done  so  by  explicit  statute  the  com 
mon  law  of  the  State  must  rule  —  the  services  of  a  minor  belonging  to  its  legal 
guardian. 

The  United  States  are  empowered  to  raise  and  maintain  a  Navy,  and  have  a  right     A.  G.  O.  Apr. 
to  prescribe  the  rules  and  conditions  under  which  voluntary  or  compulsory  services  16,  1896. 
are  to  bo  rendered  by  citizens.    The  periods  at  which  persons  reach  their  majority 
and  become  sui  juris  with  respect  to  the  ordinary  affaiis  of  life  cannot  abridge  this 
power  of  the  General  Government.    A  minor  over  18  years  of  age  can,  by  enlistment, 
bind  himself  during  his  minority,  and  there  is  no  reason  why  he  cannot  bind  him- 
self for  a  further  period.    A  minor  who,  at  the  age  of  19,  enlisted  in  the  Navy  is 
bound  by  such  enlistment,  even  though  it  extends  beyond  the  date  on  which  he 
becomes  of  age. 

The  executive  department  has  discretionary  authority  to  discharge  before  the 
term  of  service  has  expired,  but  has  no  power  to  vary  the  contract  of  enlistment. 
(Op.,  IV,  538;  XV,  362.) 

Enlistment  '•'•for  three  years  or  during  the  war"  means  three  years  from  date  of 
muster,  if  war  should  last  so  long,  and  if  it  should  not,  then  until  it  should  end. 
Reference  to  duration,  a  restriction,  not  an  extension.  Can  not  be  legally  retained 
over  three  years,  although  the  war  may  extend  beyond  that  period.  (Winthrop,  p. 
252.)  Refers  to  decision  of  supreme  court  of  Pennsylvania  and  other  authorities. 

An  alien  can  be  enlisted  in  the  naval  service  or  the  Marine  Corps,  and  >s  bound  the 
same  as  a  citizen  to  serve  for  his  term  of  enlistment.  (Op.,  Ill,  671  ;  IV,  350  ;  VI,  474, 
607.)  A  minor  is  not  bound  by  his  contract,  although  entered  into  with  the  consent 
of  his  guardian,  after  he  becomes  of  age.  (Op.,  IV,  350.) 


126   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

see  not*  7.       gent  boys  to  enlist  in  tbe  United  States  Navy  as  provided 
by  law,  without  making*  any  charge  therefor.     *     *     * 

^EC*  -^1.  Any  person  enlisted  in  the  military  service  of 
the  United  States  may,  on  application  to  the  Navy  Depart- 
p  3424'  s  ment?  approved  by  the  President,  be  transferred  to  the 
Navy  or  Marine  Corps,  to  serve  therein  the  residue  of  his 
term  of  enlistment,  subject  to  the  laws  and  regulations  for 
the  government  of  the  Navy.  But  such  transfer  shall  not 
release  him  from  any  indebtedness  to  the  Government,  nor, 
without  the  consent  of  the  President,  from  any  penalty 
incurred  for  a  breach  of  military  law. 

at  expSl*  SEO'  1422'  That  ifc  slian  be  the  duty  of  *he  commanding 
of  term  of  officer  of  any  fleet,  squadron,  or  vessel  acting  singly,  when 
on  service,  to  send  to  an  Atlantic  or  to  a  Pacific  port  of  the 
United  States,  as  their  enlistment  may  have  occurred  on 
either  the  Atlantic  or  Pacific  coast  of  the  United  States,  in 
some  public  or  other  vessel,  all  petty-officers  and  persons  of 
inferior  ratings  desiring  to  go  there  at  the  expiration  of 
their  terms  of  enlistment,  or  as  soon  thereafter  as  may  be, 
be"un^ess>  in  his  opinion,  the  detention  of  such  persons  for  a 
longer  period  should  be  essential  to  the  public  interests,  in 
which  case  he  may  detain  them,  or  any  of  them,  until  the 
vessel  to  which  they  belong  shall  return  to  such  Atlantic 
Persons  enlist- or  Pacific  port.  All  persons  enlisted  without  the  limits  of 

ert  without  limits  ,-.        -.--,-     .,      -r  ,-*.     ,  .         -..      ,  ,  ,, 

of  United  states,  the  United  btates  may  be  discharged,  on  the  expiration  ot 

their  enlistment,  either  in  a  foreign  port  or  in  a  port  of  the 

United  States,  or  they  may  be  detained  as  above  provided 

beyond  the  term  of  their  enlistment;  and  that  all  persons 

sent  home,  or  detained  by  a  commanding  officer,  according 

Men  subject**)  to  the  provisions  of  this  act,  shall  be  subject  in  all  respect 

™TufnTrUd\vto  the  laws  aild  regulations  for  the  government  of  the 

charge.  Navy  until  their  return  to  an  Atlantic  or  Pacific  port  and 

their  regular  discharge;  and  all  persons  so  detained  by 

such  officer,  or  re-entering  to  serve  until  the  return  to  an 

Atlantic  or  Pacific  port  of  the  vessel  to  which  they  be- 

HOW  long  held  long,  shall  in  no  case  be  held  in  service  more  than  thirty 

arrival™     **** days  after  their  arrival  in  said  port;  and  that  all  persons 

who  shall  be  so  detained  beyond  their  terms  of  enlistment 

or  who  shall,  after  the  termination  of  their  enlistment, 

voluntarily  re-enter  to  serve  until  the  return  to  an  Atlantic 

Additional  pay  or  Pacific  port  of  the  vessel  to  which  they  belong,  and  their 

f0TM8*8°ction  to  regular  discharge  therefrom,  shall  receive  for  the  time  clur- 

be  contained  in  ing  which  they  are  so  detained,  or  shall  so  serve  beyond 

eio8PIU  ! "  their  original  terms  of  enlistment,  an  addition  of  one-fourth 

nJ  vlyi27'  1866io'  °^  their  former  pay :  Provided,  That  the  shipping-articles 

MarT's,  1875%.  i8,;  shall  hereafter  contain  the  substance  of  this  section. 

p.  484.     See  see. 
1572 

subject  to  reg-     SBC.  1423.  All  persons  sent  home,  or  detained  by  a  coin- 
sent1  homeWor1deemau(l^n?  officer,  according  to  the  provisions  of  the  preced- 
tajueid''i7 1862     *n^  secti°u?  shall  be  subject  in  all  respects  to  the  laws  and 
17,  v.Ji2,  p.  eid  *'  regulation  s  for  the  government  of  the  Navy,  until  their 
return  to  an  Atlantic  port  and  their  regular  discharge. 

Note  7.— Similar  provisions  occur  in  1891,  Mar.  3,  ch.  546,  par.  1  (1  Supp.  R.  S.,  931). 
The  introduction  or  the  word  "hereafter"  determines  the  character  of  UM  legislation 
as  genenil  ;m<l  permanent,  as  explained  in  note  (9)  to  1893,  Feb. 27, eh.  1Q8,  par. 7, 
Supp.  R.  S.  1892-95,  p.  93. 


SEAMEN,  LANDSMEN,  AND    BOYS    IN    THE    NAVY.  127 

SEC.  1424.  Persons  so  detained  by  a  commanding  officer, 
or  re-entering  to  serve  until  the  return  to  an  Atlantic  port     dem. 
of  the  vessel  to  which  they  belong,  shall  in  no  case  be  held 
in  service  more  than  thirty  days  after  their  arrival  in  said 
port. 


SEC.  1425.  The  shipping  articles  shall  contain  the  sub-  t^a 
stance  of  the  three  sections  next  preceding  and  of  section  ping  articles. 
fifteen  hundred  and  seventy-two.  "•• 

SEC.  1426.  Honorable  discharges  may  be  granted  to  sea-    Honorable  dis- 
inen,  ordinary  seamen,  landsmen,  firemen,  coal-heavers,  and  granted.10 
boys  who  have  enlisted  for  three  years.  *  \**io2>  1»85o27- 

June  7,  1864,  v.  13, 
p.  120. 

SEC.  1427.  Honorable  discharges  shall  be  granted  accord-    Feb-  7»  189°- 
iug  to  a  form  prescribed  by  the  Secretary  of  the  Navy.          2estat.L.,6. 

That  from  and  after  the  passage  of  this  act,  whenever  abu?dfc°harge°r" 
satisfactory  proof  is  furnished  at  the  Navy  Department    idem. 
that    any    commissioned    officer,    regular    or    volunteer, 
appoiuted  or  enlisted  man  who  served  in  the  Navy  or  thecharsB.in 
Marine  Corps  of  the  United  States  in  the  war  of  eighteen  wh^Sg 
hundred  and  twelve,  the  Mexican  war,  or  the  war  of  thelojj-s  8ec8l426 
rebellion,  has  lost  his  certificate  of  discharge,  or  the  same  1427?  ' 
has  been  destroyed  without  his  privity  or  procurement,  the^^p.^.1890' 
Secretary  of  the  Navy  shall  be  authorized  to  furnish  to 
such  commissioned  officer,  regular  or  volunteer,  appointed 
or  enlisted  man,  a  certificate  of  discharge  in  lieu  thereof. 

Provided,  That  such  certificate  shall  not  be  accepted  as-uot  f°  \*.  ovi- 
a  voucher  for  the  payment  of  any  claim  against  the  United 
States  for  pay,  bounty,  or  any  other  allowance,  or  as  evi- 
dence in  any  other  case. 

That  the  Secretary  of  War  and  the  Secretary  of  the  APr-  14*  189°- 
Navy  be,  and  they  are  hereby,  authorized  and  required  to    26  stat,  L.,  55. 
issue  certificates  of  discharge  or  orders  of  acceptance  of  71SuPP-  R-  s-.  P- 
resignation,  upon  application  and  proof  of  identity,  in  the    Army  and 
true  name  of  such  persons  as  enlisted  or  served  under  Navy- 
assumed  names,  while  minors  or  otherwise,  in  the  Army  HoSSrJtnlJaS 
and  Navy  during  the  war  of  the  rebellion,  and  were  honor-  ors  ,who  enii»ted 
ably  discharged  therefrom.  «*«••«** 

U.S.,  sees.  1342, 
art.  4,  1426,  1427. 

Applications  for  said  certificates  of  discharge  or  amended    APPlications- 
orders  of  resignation  may  be  made  by  or  on  behalf  of  per- 
sons entitled  to  them; 

But  no  such  certificate  or  order  shall  be  issued  where  a    E*ception. 
name  was  assumed  to  cover  a  crime  or  to  avoid  its  conse- 
quence. 

and  in  time  of  peace  the  President  may  in  his  discretion,    «"•-  s,  is»3. 
and  under  such  rules  and  upon  such  conditions  as  he  may    27  stat.  L.,  715. 
prescribe,  permit  any  enlisted  man  to  purchase  his  dis-  f5upP-  J3'0S-'  1892~ 
charge  from  the  Navy  or  the  Marine  Corps,  the  amountr  .Purchase  of 
recei  ved  therefrom  to  be  covered  i  n  to  the  Treasury.    *    *    *  SS^m^I  e<Jf 

Navy  and  Marine  Corps.    K.  S.,  sees.  1426,  1427.    See  note  8. 

Note  8.—  Similar  provision  as  to  the  Army  is  contained  in  1890.  June  16,  ch.  426,  sec. 
4<Supp.R.S.,757). 


128   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Title  is, chap.:!.     SEC.  1429.  It  shall  be  the  duty  of  every  commanding 
Report  of  men  officer  of  a  vessel,  on  returning  from  a  cruise,  and  iuiine- 
abie^^har0^"  diately  on  his  arrival  in  port,  to  forward  to  the  Secretary 
Mar.  2, 1855,  s.  of  the  Navy  a  list  of  the  names  of  such  of  the  crew  who 
i,  v.  10,  p.  627.      eniisted  for  three  years  as,  in  his  opinion,  on  being  dis- 
charged, are  entitled  to  an  " honorable  discharge77  as  a  tes- 
timonial of  fidelity  and  obedience;  and  he  shall  grant  the 
same  to  the  persons  so  designated. 

Feb.  8, 1889.       That  the  Secretary  of  the  Navy  be,  and  he  is  hereby, 
25  stat.  L.,  657.  authorized  to  permit  any  person  receiving  the  honorable 
in^a^rhon^a- discnar8'e  authorized  by  section  fourteen   hundred   and 
biy  discharged,  twenty-nine  of  the  Revised  Statutes  to  elect  a  home  on 
board  of  any  of  the  United  States  receiving-ships,  during 
for^three  anv  portion  of  the  three  months  granted  by  law  as  the 
R   s.',e  sees,  limit  of  time  within  which  to  receive  the  pecuniary  benefit 
U29,i573.          of  such  discharge,  the  men  so  choosing  a  home  to  be  enti- 
tled to  one  ration  per  day  for  their  keeping  while  furnished 
with  such  home,  but  not  to  pay,  other  than  that  authorized 
by  section  fifteen  hundred  and  seventy-three  of  the  Revised 
Statutes  of  the  United  States  upon  re-enlistment : 
—amenable  to     Provided,  That  the  persons  so  furnished  with  a  home 
shall  be  amenable  to  such  regulations  as  may  be  prescribed 
by  the  Secretary  of  the  Navy  or  other  competent  authority. 
sa£°  ofTr!"* f!     SEC.  1430.  Every  commanding  officer  of  a  vessel  is  re- 
money  or  wages,  quired  to  discourage  his  crew  from  selling  any  part  of  their 
Priz^-money?  bounty-money,  or  wages,  and  never  to  attest 
any  power  of  attorney  for  the  transfer  thereof  until  he  is 
satisfied  that  the  same  is  not  granted  in  consideration  of 
monev  given  ^or  *ne  purchase  of   prize-money,  bounty- 
iv '  money,  or  wages. 

ranting  a!eate  ^EC.  1431'  **  slia11  be  tbe  duty  of  commanding  officers 
and  liberty.  of  vessels,  in  granting  temporary  leave  of  absence  and 
3  ^10  p'628755'8>  liberty  on  shore,  to  exercise  carefully  a  discrimination  in 

favor  of  the  faithful  and  obedient. 
Title  is, chap. s.     SEC.  1569.  The  pay  to  be  allowed  to  petty  officers,  ex- 

Pay  of  enlisted  cep  ting  m  at  68,  and  the  pay  and  bounty  upon  enlistment 
mA  >r  is  1814  8  °f  seamen?  ordinary  seamen,  firemen,  and  coal-heavers,  in 

1,  v.  3,  'p.  136;' the  naval  service,  shall  be  fixed  by  the  President:  Pro- 
vf9?p3'i73*7juiy  vided,  That  the  whole  sum  to  be  given  for  the  whole  pay 
i,'  1864,  s.  4,  v.  is,  aforesaid,  and  for  the  pay  of  officers,  and  for  the  said  bouu- 
Fsel,4!' 2,^ai3,  p!  ties  upon  enlistments  shall  not  exceed,  for  anyone  year, 
539« '  the  amount  which  may,  in  such  year,  be  appropriated  for 

such  purposes. 

Additional  pay  SEC.  1570.  Every  seaman,  ordinary  seaman,  or  landsman 
fireme^aXoai8  who  performs  the  duty  of  a  fireman  or  coal-heaver  on  board 
heMa6rr8i  1869  s  °^  an^  vessel  °f  war  shall  be  entitled  to  receive,  in  addition 

2,  v,  15, p'. 280. '     to  his  compensation  as  seaman,  ordinary  seaman,  or  lands 

man,  a  compensation  at  the  rate  of  thirty-three  cents  a  day 
for  the  time  he  is  employed  as  fireman  or  coal-heaver. 
Detention  be      SEC.  1572.  All  petty  officers  and  persons  of  inferior  rat- 
KtnUnt"1      n"  iugs  who  are  detained  beyond  the  terms  of  service,  according 
i  ^i^'  ew2>  8'  *°  *^e  Provisi°ns  °f  section  fourteen  hundred  and  twenty- 
two,  or  who,  after  the  termination  of  their  service,  volun- 
tarily re-enter,  to  serve  until  the  return  to  an  Atlantic  port 
of  the  vessel  to  which  they  belong,  and  until  their  regular 


SEAMEN,  LANDSMEN,  AND  BOYS  IN  THE  NAVY.      129 

discharge  therefrom,  shall,  for  the  time  during  which  they 
are  so  detained  or  so  serve  beyond  their  original  terms  of 
service,  receive  an  addition  of  one-fourth  of  their  former  pay. 

SEC.  1573.  If  any  seaman,  ordinary  seaman,  landsman,  re^unty  pay  for 
fireman,  coal-heaver,  or  boy,  being  honorably  discharged,  rejunl  ?u?864,  v. 
shall  re-enlist  for  three  years,  within  three  months  thereafter,  Jg^'g12^  ;vMf0r>  2' 
e  shall,  on  presenting  his  honorable  discharge,  or  on  account-  627.  '  8' 
;ig  in  a  satisfactory  manner  for  its  loss,  be  entitled  to  pay, 
during  the  said  three  months,  equal  to  that  to  Avhich  he  would 
have  been  entitled  if  he  had  been  employed  in  actual  service. 

SEC.  1574.  When  the  crew  of  any  vessel  of  the  United    C'®^8     of  ' 
States  are  separated  from  such  vessel,  by  means  of  her  wreck,  ( 


loss,  or  destruction,  the  pay  and  emolumentsof  such  of  her  of-  j/vlli217'  eo?'8' 

ficers  and  men  as  shall  appear  to  the  Secretary  of  the  Navy, 

by  the  sentence  of  a  court-martial  or  court  of  inquiry,  or  by 

other  satisfactory  evidence,  to  have  done  their  utmost  to  pre- 

serve her,  and,  after  said  wreck,  loss,  or  destruction,  to  have 

behaved  themselves  agreeably  to  the  discipline  of  the  Navy, 

shall  go  on  and  be  paid  them  until  their  discharge  or  death. 

SEC.  1575.  The  pay  and  emoluments  of  the  officers  and    Crews  of  ves- 
men  of  any  vessel  of  the  United  States  taken  by  an  enemy  Sem^ker 
who  shall  appear,  by  the  sentence  of  a  court-martial  or  other-  60Jdem'  »•  15>  P- 
wise,  to  have  done  their  utmost  to  preserve  and  defend  their 
vessel,  and,  after  the  taking  thereof,  to  have  behaved  them- 
selves agreeably  to  the  discipline  of  the  Navy,  shall  go  on 
and  be  paid  to  them  until  their  exchange,  discharge,  or  death. 

SEC.  1576.  Every  assignment  of  wages  due  to  per  son  sof^8a8ifnment8 
enlisted  in  the  naval  service,  and  all  powers  of  attorney,  or    Juneso,  i864,s. 
other  authority  to  draw,  receipt  for,  or  transfer  the  same,  12)  v<  13)  p-  310> 
shall  be  void,  unless  attested  by  the  commanding  officer 
and  paymaster.    The  assignment  of  wages  must  specify 
the  precise  time  when  they  commence. 

SEC.  4878.  All  soldiers,  sailors,  or  marines,  dying  in  the  Title  59,  chap.  e. 
service  of  the  United  States,  or  dying  in  a  destitute  con-    wiio  may  be 
dition,  after  having  been  honorably  discharged  from  the  ^^ir1?en8a*ional 
service,  or  who  served  during  the  late  war,  either  in  the    July  17,  ises,  a. 
regular  or  volunteer  forces,  may  be  buried  in  any  national  junei^i&S'vIn! 
cemetery  free  of  cost.    The  production  of  the  honorable  P-  202';  Mar.  3' 
discharge  of  a  deceased  man  shall  be  sufficient  authority  1S  3'  Vl  17)  p'  ° 
for  the  superintendent  of   any  cemetery  to  permit  the 
interment. 

All  men  now  serving  in  the  Navy  who  may  be  discharged    June  16>  18SO» 
as  machinists,  with  continuous-  service  certificates  entitling    Machinists  in 
them  to  honorable  discharge,  and  those  discharged  in  the  chargfof;  e'tcdl8 
said  rating  with  such  certificates  since  the  twentieth  day    June  IG,'  isso,  v. 
of  November,  eighteen  hundred  and  seventy-nine,  shall  ^istat.  L.,  290. 
receive  one-third  of  one  year's  pay  as  a  machinist  for  each  30|upp>  E-  SM  p- 
good  conduct  badge  they  have  received,  or  may  receive,    Machinists 
not  exceeding  three  in  number  under  the  said  certificates,  chnarge^  from 
the  said  gratuity  to  be  received  in  lieu  of  re-enlistment  as  Navy  since  NO- 
a  machinist  under  such  certificate,  and  to  be  in  full  and  in  to  receive  ^ne- 
lieu  of  all  claims  against  the  United  States  in  connection  tlair(linofliju3ar0| 
therewith,  for  extra  pay  for  re-enlisting,  or  for  continuous  oSfe/extras^etc. 
service,  or  for  enlistment  as  a  petty  officer;  and  the  amount 
necessary  to  carry  out  the  provisions  of  this  act  is  hereby 
376  -  9 


130   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


23C.cis.R.,74 


appropriated,  out  of  any  money  in  the  Treasury  not  other- 
wise appropriated:  Provided,  That  nothing  herein  con- 
tained shall  be  so  construed  as  to  prevent  the  re-enlistment 
of  machinists  in  the  Navy. 

R.  s.,     That  the  Secretary  of  the  Navy  be,  and  he  is  hereby, 
v°Aiio?nient  of  authorized  to  permit  officers  of  the  Navy  and  the  Marine 
ma^6  allotments  from  their  pay,  under  such  reg- 
illations  as  he  may  prescribe,  for  the  support  of  their  faini- 
jjes  or  reiatives,  for  their  own  savings,  or  for  other  proper 
purposes,  during  such  time  as  they  may  be  absent  at  sea, 
on  distant  duty,  or  under  other  circumstances  warranting 
such  action. 

Feb.  9,  1889.        That  any  enlisted  man  or  appointed  petty  officer  of  the 

25  stat.  L.,  657.  Navy  may  deposit  his  savings,  in  sums  not  less  than  five 

^Supp.  R.  s.,  pp.  dollars,  with  the  paymaster  upon  whose  books  his  account 

Petty  officers  is  borne;  and  he  shall  be  furnished  with  a  deposit-book,  in 

Skv/nia^depoV  whicli  the  said  paymaster  shall  note,  over  his  signature, 

il&  "masters  ^19  ^e  amoun^j  date,  and  place  of  such  deposit. 

Opins.,  616. 

Money  deposi-  The  money  so  deposited  shall  be  accounted  for  in  the 
eddforbaaCpubncSame  manner  as  other  public  funds,  and  shall  pass  to  the 
funds.  credit  of  the  appropriation  for  "  Pay  for  the  Navy,"  and  shall 

not  be  subject  to  forfeiture  by  sentence  of  court-martial, 
but  shall  be  forfeited  by  desertion,  and  shall  not  be  per- 
mitted to  be  paid  until  final  payment  on  discharge,  or  to 
the  heirs  or  representatives  of  a  deceased  sailor,  and  that 
such  deposit  be  exempt  from  liability  for  such  sailor's  debts  : 
Liability  of  Provided,  That  the  Government  shall  be  liable  for  the 
amount  deposited  to  the  person  so  depositing  the  same. 

SEC.  2.  That  for  any  sums  not  less  than  five  dollars  so 
deposited  for  the  period  of  six  months  or  longer,  the  sailor, 
on  his  final  discharge,  shall  be  paid  interest  at  the  rate  of 
four  per  centum  per  annum. 

gEC>  3.  That  the  system  of  deposits  herein  established, 
shall  be  carried  into  execution  under  such  regulations  as 
may  be  established  by  the  Secretary  of  the  Navy. 


Government! 
Interest. 


VESSELS  OF  THE  NAVY. 


Sec. 

1428.  Officers  of  vessels  to  be  citizens  of 

the  United  States. 
1437.  Officers    to  inspect  vessels    under 

War  Department. 

1529.  Four  classes;  their  coinmaiiders. 

1530.  How  rated. 

1531.  Rule  for  naming. 

1532.  Two  vessels  not  to  bear  the  same 

name. 

1533.  Names  of  purchased  vessels. 

1534.  Vessels  kept  in  service  in  time  of 

peace. 

1535.  How  officered  and  manned. 

1536.  Cruising  to  assist  distressed  navi- 

gators. 

1537.  Patented  articles   connected  with 

marine  engines. 

1538.  Repairs  on  hull  and  spars. 

1539.  Repairs  on  sails  and  rigging. 


Sec. 

1540.  Sale  of  vessels  until  ti>  Ite  repaired. 

1541.  Sale   of  unserviceable  vessels  and 

materials. 

Unfit    for   service;    removal    from 

Register. 

Sale  of  vessels  stricken  from  Reg- 

ister. 

Restriction  on  repairs. 

1552.  Coal  depots  for  vessels. 
429I5.  Suppression  of  piracy. 
468C.  Employment  on  coast  survey. 
Act  June  20,  1874.  Marine  schools. 

Act  June  14,  1879.  Hulks  for  quaran  tint- 
purposes. 

Act  Aug.  5,  1882.  Steam  cruisers  for  the 
Navy. 

Ibid.  Double-tnrreted  monitors. 

Act  June  20,  1874.  Accidents  to  vessels. 


Title  is,  chap.  2.     SEC.  1428.  The  officers  of  vessels  of  the  United  States 
officers  to  be  shall  in  all  cases  be  citizens  of  the  United  States. 

citizens  of  United  States.    June  28, 1864,  s.  1,  v.  13,  p.  201. 


VESSELS   OF   THE    NAVY.  131 

SEC.  1437.  The  President  may  detail,  temporarily,  three  iCe^cferWar8  DV~ 
competent  naval  officers  for  the  service  of  the  War  Depart-  PCartment.ar 
ineiit  in  the  inspection  of  transport  vessels,  and  for  such  12Feb3-3^2' 1862' v- 
other  services  as  may  be  designated  by  the  Secretary  of 
War. 

SEC.  1529.  The  vessels  of  the  Navy  of  the  United  States  Title  is,  chap,  e. 
shall  be  divided  into  four  classes,  and  shall  be  commanded  Four  classes; 
as  nearly  as  may  be  as  follows :  *^ir  command- 

First  rates,  by  commodores;  second  rates,  by  captains;    July  IG,  1862,  s. 
third  rates,  by  commanders ;  fourth  rates,  by  lieutenant- 3>  Vt  12' p •583p 
commanders. 

SEC.  1530.  Steamships  of  forty  guns  or  more  shall  be    j^ 
classed  as  first  rates,  those  of  twenty  guns  and  under  forty  5, vlrf 
as  second  rates,  and  all  those  of  less  than  twenty  guns  as 
third  rates. 

SEC.  1531.  The  vessels  of  the  Navy  shall  be  named  by  Rule  for  nam- 
the  Secretary  of  the  Navy,  under  the  direction  of  the  Presi-  m|iar.  3, 1319, 8. 
dent,  according  to  the  following  rule :  i,v.;j  P.538;  June 

Sailing-vessels  of  the  first  class  shall  be  named  after  thep  319  '     '      ' 
States  of  the  Union,  those  of  the  second  class  after  the 
rivers,  those  of  the  third  class  after  the  principal  cities 
and  towns,  and  those  of  the  fourth  class  as  the  President 
may  direct. 

Steamships  of  the  first  class  shall  be  named  after  the 
States  of  the  Union,  those  of  the  second  class  after  the 
rivers  and  principal  cities  and  towns,  and  those  of  the  third 
class  as  the  President  may  direct. 

SEC.  1532.  Care  shall  be  taken  that  not  more  than  one  TWO  vessels 
vessel  in  the  Navy  shall  bear  the  same  name.  samename* 

Idem. 

SEC.  1533.  The  Secretary  of  the  Navy  may  change  the  Names  of  pur- 
names  of  any  vessels  purchased  for  the  Navy  by  authority  clTug.7i86i  8 

Of  law.  2,v.l!,p.'316.  ' 

SEC.  1534.  The  President  is  authorized  to  keep  in  actual    Vessels  kept  m 
service  in  time  of  peace,  such  of  the  public  armed  vessels          " 
as,  in  his  opinion,  maybe  required  by  the  nature  of  the  2 
service,  and  to  cause  the  residue  thereof  to  be  laid  up  in 
ordinary  in  convenient  ports. 

That  the  Secretary  of  the  Navy  be,  and  is  hereby,  author-   Aug.  a,  1894. 
ized  and  empowered  to  loan  temporarily  to  any  State,  upon    28  stat.  L.,  219. 
the  written  application!  of  the  governor  thereof,  a  vessel    vewdT'et'c' 
of  the  Navy,  to  be  selected  from  such  vessels  as  are  not  may  be  lent  to 
suitable  or  required  for  general  service,  together  with  such  ?tc.to8 
of  her  apparel,  charts,  books,  and  instruments  of  naviga-    B.  s.,  sec.  1534. 
tion  as  he  may  deem  proper;  Ch.U339  (fVuJp 

K.S.,25). 

said  vessel  to  be  used  only  by  the  regularly  organized -howtobeu8ed- 
naval  militia  of  the  State  for  the  purposes  of  drill  and 
instruction: 

Provided,  That  when  the  organization  of  the  naval  militia  " to  be 
of  such  State  shall  be  abandoned,  or  when  the  interests  of 
the  naval  service  shall  so  require,  such  vessel,  together  with 
her  apparel,  charts,  books,  and  instruments  of  navigation, 
shall  be  immediately  restored  to  the  custody  of  the  Secre- 
tary of  the  Navy : 


132       LAWS   RELATING    TO   THE   NAVY,  MARINE    CORPS,  ETC. 


bedeane  Prov^e^  further,  That  when  such  loan  is  made  to 

_to  be  add  i-  the  governor  of  any  State,  the  Secretary  of  the  Navy  is 
allowed  by  la™  "  authorized  to  detail  from  the  enlisted  force  of  the  Navy  a 
Mar.  3,  i893,  ch.  sufficient  number  of  men.  not  exceeding  six  for  any  vessel, 
P!lhpar-  8l  an*'  as  ship-keepers, 

the  men  so  detailed  to  be  additional  to  the  number  of 
enlisted  men  allowed  by  law  for  the  naval  establishment, 
-how  to  be  BC-     and  in  making  details  for  this  service  preference  shall  be 
given  to  those  men  who  have  served  twenty  years  or  more 
in  the  Navy. 

HOW  officered  SEC.  1535.  Vessels  in  actual  service,  in  time  of  peace,  shall 
l>e  officered  and  manned  as  the  President  may  direct,  sub- 
ject to  the  provisions  of  section  fifteen  hundred  and  twenty- 
nine. 

Cruising  to  as-     SEC.  1536.  The  President  may,  when  the  necessities  of 

navigators!  •*  *  the  service  permit  it,  cause  any  suitable  number  of  public 

5  De°-g22'  1*37'  v<  vessels  adapted  to  the  purpose  to  cruise  upon  the  coast  in 

the  season  of  severe  weather  and  to  afford  such  aid  to  dis- 

tressed navigators  as  their  circumstances  may  require;  and 

such  public  vessels  shall  go  to  sea  fully  prepared  to  render 

such  assistance. 

Patented  arti-     SEC.  1537.  No  patented  article  connected  with  marine 

wit^marine^n-  engines  shall  hereafter  be  purchased  or  used  in  connection 

sijei^i8  i86i  s  w*kh  ailv  steani-vessels  of  war  until  the  same  shall  have 

3,  Vui2,  p.268.  )8'beeu  submitted  to  a  competent  board  of  naval  engineers, 

and  recommended  by  such  board,  in  writing,  for  purchase 

and  use. 

supp.  R.  s.,voi.     For  making  plans,  examining  and  preparing  the  ground 

2'  Model  tank  for  and  other  ,preliminary  work  toward  the  construction  of  a 

experiments,      model  tank,  with  all  buildings  and  appliances,  to  be  built 

upon  the  grounds  of  the  navy  yard  at  Washington,  District 

of  Columbia,  under  the  Bureau  of  Construction  and  Repair 

of  the  Navy  Department,  which  shall  conduct  therein  the 

work  of  investigating  and  determining  the  most  suitable 

and  desirable  shapes  and  forms  to  be  adopted  for  United 

States  naval  vessels,  seven  thousand  five  hundred  dollars: 

Experiments     Provided,  That  upon  the  authorization  of  the  Secretary 

e*™™          ld'of  the  Navy  experiments  may  be  made  at  this  establish- 

ment for  private  shipbuilders,  who  shall  defray  the  cost  of 

material  and  of  labor  of  per  diem  employees  for  such  experi- 

ments: 

—results  conn-  And  provided  further,  That  the  results  of  such  private 
experiments  shall  be  regarded  as  confidential  and  shall  not 
be  divulged  without  the  consent  of  the  shipbuilder  for  whom 
they  may  be  made.  *  * 

Repairs  on  hull     SEC.  3538.  Not  more  than  three  thousand  dollars  shall 

alFebp2i8'i86i,  s.  be  expended  at  any  navy-yard  in  repairing  the  hull  and 

llA''i^!kn47'  5  8Par8  °f  anv  vessel»  until  the  necessity  and  expediency  of 

i882,6and  Mar.  3^  such  repairs  and  the  probable  cost  thereof  are  ascertained 

and  reported  to  the  Navy  Department  by  an  examining 

board,  which  shall  be  composed  of  one  captain  or  com- 

mander in  the  Navy,  designated  by  the  Secretary  of  the 

Navy,  the  naval  constructor  of  the  yard  where  such  vessel 

may  be  ordered  for  repairs,  and  two  master  workmen  of 

said  yard,  or  one  master  workman  and  an  engineer  of  the 


VESSELS    OF    THE    NAVY.  133 

Navy,  according  to  the  nature  of  the  repairs  to  be  made. 
Said  master  workmen  and  engineer  shall  be  designated  by 
the  head  of  the  Bureau  of  Construction  and  Eepair. 

SEC.  1539.  Not  more  than  one  thousand  dollars  shall  be  a  Repairs  on  sails 
expended  in  repairs  on  the  sails  and  rigging  of  any  vessel,  aialmging' 
until  the  necessity  and  expediency  of  such  repairs  and  the18^ean^^r  •>• 
estimated  cost  thereof  have  been  ascertained  and  reported  isssl 
to  the  Navy  Department  by  an  examining  board,  which 
shall  be  composed  of  one  naval  officer,  designated  by  the 
Secretary  of  the  Navy,  and  the  master  rigger  and  the  master 
sail-maker  of  the  yard  where  such  vessel  may  be  ordered. 

SEC.  1540.  The  President  may  direct  any  armed  vessel  un|atle  t°0f  ^eeasfe8 
of  the  United  States  to  be  sold  when,  in  his  opinion,  such  paired.^ 
vessel  is  so  much  out  of  repair  that  it  will  not  be  for  the  3) ^PJ,'  p!'^06' 8' 
interest  of  the  United  States  to  repair  her.  £ee?ote,Koo 

066  -A.Uff.5,  1KS'_, 

and  Mar.  3,  1883. 

SEC.  1541.  The  Secretary  of  the  Navy  is  authorized  and  ices£eof  ™|£J 
directed  to  sell,  at  public  sale,  such  vessels  and  materials  and  materials, 
of  the  United  States  Navy  as,  in  his  judgment,  cannot  be  2,^17 '.p^iw!2' 8< 
advantageously  used,  repaired,  or  fitted  out;  and  he  shall,  18|f  fnf  M|^  | 
at  the  opening  of  each  session  of  Congress,  make  a  full  igs-T. an 
report  to  Congress  of  all  vessels  and  materials  sold,  the  p^ert  Sand°niaf 
parties  buying  the  same,  and  the  amount  realized  there- teriais,"  sec. 
from,  together  with  such  other  facts  as  may  be  necessary3618- 
to  a  full  understanding  of  his  acts. 

It  shall  also  be  the  duty  of  the  Secretary  of  the  Navy,    Aug.  5,  issa. 
as  soon  as  may  be  after  the  passage  of  this  act,  to  cause  to    Examination 
be  examined  by  competent  boards  of  officers  of  the  Navy,  ^.JJJJiTBfta 
to  be  designated  by  him  for  that  duty,  all  vessels  belong-  stat.H.,'  p.  m 
ing  to  the  Navy  not  in  actual  service  at  sea,  and  vessels  at  ationaactp]propri 
sea  as  soon  as  practicable  after  they  shall  return  to  the 
United  States,  and  hereafter  all  vessels  on  their  return 
from  foreign  stations,  and  all  vessels  iri  the  United  States 
as  often  as  once  in  three  years,  when  practicable;  and  said 
boards  shall  ascertain  and  report  to  the  Secretary  of  the 
Navy,  in  writing,  which  of  said  vessels  are  unfit  for  further 
service,  or,  if  the  same  are  unfinished  in  any  navy-yard, 
those  which  cannot  be  finished  without  great  and  dispro- 
portionate expense,  and  shall  in  such  report  state  fully  the 
grounds  and  reasons  for  their  opinion.    And  it  shall  be 
the  duty  of  the  Secretary  of  the  Navy,  if  he  shall  concur 
in  opinion  with  said  report,  to  strike  the  name  of  such 
vessel  or  vessels  from  the  Navy  .Register  and  report  the 
same  to  Congress. 

It  shall  be  the  duty  of  the  Secretary  of  the  Navy  to  cause    Mar.  3,  isss. 
to  be  appraised,  in  such  manner  as  may  seem  best,  all  ves-    22  stat.  L.,  582. 
sels  of  the  Navy  which  have  been  stricken  from  the  Navy 
Register  under  the  provisions  of  the  act  making  appropria- 
tious  for  the  naval  service  for  the  fiscal  year  ending  Junech.  391, 3.2. 
thirtieth,  eighteen  hundred  and  eighty-three,  and  for  other 
purposes,  approved  August  fifth,  eighteen  hundred  and 
eighty- two.    And  if  the  said  Secretary  shall  deem  it  for  the 
best  interest  of  the  United  States  to  sell  any  such  vessel  or 

Note  l.—A  vessel  condemned  for  naval  purposes  can  not  be  exchanged  for  another, 
notwithstanding  the  change  might  be  of  advantage  to  the  public  service.  (Op., 
XIV,  368.) 


134   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

veSSs01  s  n  f' h  vessels,  he  shall,  after  such  appraisal,  advertise  for  sealed 
k  s.',  sees.  1540,  proposals  for  the  purchase  of  the  same,  for  a  period  uot  less 
than  three  months,  in  such  newspapers  as  other  naval  ad- 
vertisements are  published,  setting  forth  the  name  and 
location  and  the  appraised  value  of  such  vessel,  and  that 
the  same  will  be  sold,  for  cash,  to  the  person  or  persons  or 
corporation  or  corporations  offering  the  highest  price  there- 
for above  the  appraised  value  thereof;  and  such  proposals 
shall  be  opened  on  a  day  and  hour  and  at  a  place  named  in 
said  advertisement,  and  record  thereof  shall  be  made.  The 

fc£rink5S?nt8  Secretary  of  the  Navy  shall  require  to  accompany  each  bid 
or  proposal  a  deposit  in  cash  of  not  less  than  ten  per  centum 
of  the  amount  of  the  offer  or  proposal,  and  also  a  bond, 
with  two  or  more  sureties  to  be  approved  by  him,  condi- 
tioned for  the  payment  of  the  remaining  ninety  per  centum 
of  the  amount  of  such  offer  or  proposal  within  the  time  fixed 
in  the  advertisement.  And  in  case  default  is  made  in  the 
payment  of  the  remaining  ninety  per  centum,  or  any  part 
thereof,  the  Secretary,  within  the  prescribed  time  thereof, 

—toj>e  resold  in  shall  advertise  and  resell  said  vessel  under  the  provisions 
of  this  act.  And  in  that  event  said  cash  deposit  of  ten  per 

-deposit  to  bo  centum  shall  be  considered  as  forfeited  to  the  Government, 
and  shall  be  applied,  first,  to  the  payment  of  all  costs  and 
expenditures  attending  the  advertisement  and  resale  of 
said  vessel;  second,  to  the  payment  of  the  difference,  if  any, 
between  the  first  and  last  sale  of  said  vessel;  and  the  bal- 

-without  prej  a- ance,  if  any,  shall  be  covered  in  to  the  Treasury:  Provided, 
however,  That  nothing  herein  contained  shall  be  construed 
to  prevent  a  suit  upon  said  bond  for  breach  of  any  of  its  con- 
ditions. Any  vessel  sold  under  the  foregoing  provisions 
when  to  be  de- ghall  be  delivered  to  the  purchaser  upon  the  full  payment 

chaser. to  pur"to  the  Secretary  of  the  Navy  of  the  amount  of  such  pro- 
posal or  offer;  and  the  net  proceeds  of  such  sale  shall  be 
covered  into  the  Treasury.  But  no  vessel  of  the  Navy 
shall  hereafter  be  sold  in  any  other  manner  than  herein 
provided,  or  for  less  than  such  appraised  value,  unless 
the  President  of  the  United  States  shall  otherwise  direct 
Removal  of  con-  iu  writing.  [In  case  any  vessel  now  in  process  of  coustruc- 

demned  vessel*.    ...  -i    -i  i  •      ««•<•« 

Mar.  3. 1883,  s.  tion  in  any  navy-yard  has  been  or  shall  be  found  to  be 
p.  unwOrthy  of  being  completed,  and  has  been  and  shall  be 
condemned  under  the  provisions  of  said  act,  and  cannot 
properly  be  sold,  and  it  becomes  necessary  to  remove  the 
same,  the  cost  of  such  removal  shall  be  paid  out  of  the 
net  proceeds  derived  from  the  sale  of  other  vessels  hereby 
authorized  to  be  sold.] 

That  no  part  of  this  sum  [appropriation  for  preservation 
vessels.  of  vessels,  etc.]  shall  be  applied  to  the  repairs  of  any  wooden 

statarL3;  'jfVe2  sniP  when  the  estimated  cost  of  such  repairs,  to  be  appraised 
[Naval  a'ppropri- by  a  competent  board  of  naval  officers,  shall  exceed  twenty 
per  centum  of  the  estimated  cost,  appraised  in  like  manner, 
of  a  new  ship  of  the  same  size  and  like  material :  Provided 
further,  That  nothing  herein  contained  shall  deprive  the 
Secretary  of  the  Navy  of  the  authority  to  order  repairs  of 
ships  damaged  in  foreign  waters  or  on  the  high  seas,  so  far 
as  may  be  necessary  to  bring  them  home. 


VESSELS    OF    THE    NAVY. 

That  no  part  of  said  sum  [appropriation  for  repairs  of   Restriction  on 
machinery,  etc.|  shall  be  applied  to  the  repair  of  engines  J?SeV,retc.ot 
and  machinery  of  wooden  ships  where  the  estimated  costs  stJJlL  ^/J??' 22 
of  such  repair  shall  exceed  teii  per  centum  of  the  estimated 
cost  of  new  engines  and  machinery  of  the  same  character 
and  power,  but  nothing  herein  contained  shall  prevent  the 
repair  or  building  of  boilers  for  wooden  ships,  the  hulls  of 
which  can  be  fully  repaired  for  ten  per  centum  of  the  esti- 
mated cost  of  a  new  ship  of  the  same  size  and  material. 

SEC.  1552.  The  Secretary  of  the  Navy  may  establish,  atTltlel5>chaP-7- 
such  places  as  he  may  deem  necessary,  suitable  depots  of   coal  depots, 
coal,  and  other  fuel,  for  the  supply  of  steamships  of  war.    7,  v^5gP3577842' 8' 

SEC.  4293.  The  President  is  authorized  to  employ  so  Title  48,  chap,  s. 
many  of  the  public  armed  vessels  as  in  his  judgment  the  public  vessels 
service  may  require,  with  suitable  instructions  to  the  com-  JJc8U^™pfraJy" 
manders  thereof,  in  protecting  the  merchant- vessels  of  the  sfcve  Trade,  etc.! 
United  States  and  their  crews  from  piratical  aggressions131^0"1^  8 
and  depredations.  i,v.  s,  p.  510 ;  Jan! 

30,  1823,  v.  3,  p. 
721.  See  also  act 
of  Aug.  C,  1894, 
amending  sec. 
5365  and  5366,  Ti- 
tle  Merchant 
Vessels,  denning 
crimes  at  sea. 

SEC.  4686.  The  President  is  authorized,  for  any  of  the  Title  w- 
purposes  of  surveying  the  coast  of  the  United  States,  to  Power  to  em- 
cause  to  be  employed  such  of  the  public  vessels  in  actual  pXbveioei807,  s. 
service  as  he  deems  it  expedient  to  employ,  and  to  give3,v.2,p.4i4;Apr. 
such  instructions  for  regulating  their  conduct  as  he  deems  P4425  8>1'v' 3' 
proper,  according  to  the  tenor  of  this  Title. 

vey,  Division  IV. 

The  Secretary  of  the  Navy,  to  promote  nautical  educa-  Jnne  2°> 1874- 
tion,  is  hereby  authorized  and  empowered  to  furnish,  upon    is  sta^L.,  121. 
the  application  in  writing  of  the  Governor  of  the  State,  a25Supp-  R<  Si>p- 
suitable  vessel  of  the  Navy,  with  all  her  apparel,  charts,    Secretary    of 
books,  and  instruments  of  navigation,  provided  the 
can  be  spared  without  detriment  to  the  naval  service,          oo8 
be  used  for  the  benefit  of  any  nautical  school,  or  school  or  8Csee  8'  Naval 
college  having  a  nautical  branch,  established  at  each  or  any  ^ndiemy'  Divi" 
of  the  ports  of  New  York,  Boston,  Philadelphia,  Baltimore, 
Norfolk,  San  Francisco,  Wilmington,  Charleston,  Savannah, 
Mobile,  New  Orleans,  Baton  Rouge,  Galveston,  and  in  Nar- 
ragansett  Bay,  upon  the  condition  that  there  shall  be  main-    condition. 
tained,  at  such  port,  a  school  or  branch  of  a  school  for  the 

Note 2. — In  naval  "parlance,"  " cruise "  means  the  whole  period  between  the  time 
when  a  vessel  goes  to  sea  and  when  she  returns  to  the  place  where  her  crew  is  paid 
off  ami  she  is  put  out  of  commission.  (Op.,  IX,  375,  July  27,  1859,  Black.) 

Government  vessels  are  not  required  to  employ  and  pay  branch  pilots  upon  enter- 
ing the  ports  and  harbors  of  the  United  States.  The  exemption  extends  to  all  pub- 
lic vessels,  whether  armed  or  not.  (Op.,  IV,  532,  Sept.  9,  1846,  Mason.) 

The  penalties  imposed  by  State  laws  for  piloting  vessels  without  due  license  from 
the  State  have  no  application  to  persons  employed  as  pilots  on  board  public  vessels 
of  the  United  States,  the  latter  vessels  being  within  the  exclusive  jurisdiction  of  the 
United  States.  (Op.,  XVI,  647,  Oct.  22,  1879.) 

The  term  "public  vessels"  does  not  apply  to  vessels  of  the  Navy  alone.  Within 
the  meaning  of  the  inspection  and  navigation  laws  public  vessels  are  those  owned 
by  the  United  States  and  those  used  by  them  for  public  purposes.  Those  laws  war 
rant  no  distinction  between  public  vessels  under  the  control  of  the  Navy  Depart- 
ment and  public  vessels  under  the  control  of  any  other  Department  of  the  Government. 
Unlicensed  pilots  and  engineers  can  bo  lawfully  employed  on  them.  (Op.,  XIII,  p. 
249,  Hoar,  June  1,  1870.) 


136       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

instruction  of  youths  in  navigation,  seamanship,  marine 
enginery  and  all  matters  pertaining  to  the  proper  construc- 
tion, equipment  and  sailing  of  vessels  or  any  particular 
branch  thereof:  And  the  President  of  the  United  States 
is  hereby  authorized,  when  in  his  opinion  the  same  can  be 
officersof Navy  done  without  detriment  to  the  public  service,  to  detail 
I say  hfatewJtors!  proper  officers  of  the  Navy  as  superintendents  of,  or  in- 
etc.,  for  nautical  gtructors  in,  such   schools :    Provided,    That  if  any  such 
Bwton&km  of  school  shall  be  discontinued,  or  the  good  of  the  naval  serv- 
vesc^ooisnotforice  shall  require,  such  vessels  shall  be  immediately  restored 
penal  purposes,  to  th e  Secretary  of  the  Navy,  and  the  officers  so  detailed 
i8Jpni2i?'Mlr.'  si  recalled:  And  provided  further,  That  no  person  shall  be 
1881,' v.2i,  p.  505.'  sentenced  to,  or  received  at,  such  schools  as  a  punishment 

or  commutation  of  punishment  for  crime. 

June  14, 1879.      That  the  Secretary  of  the  Navy  be,  and  he  is  hereby, 
vessels  or  authorized,  in  his  discretion,  at  the  request  of  the  National 
fc»itoforqmaMB-3oara  of  Health,  to  place  gratuitously,  at  the  disposal  of 
1  Ju5ei^i879,v.  the  commissioners  of  quarantine,  or  the  proper  authorities 
21,  P.  50.  at  any  Of  the  ports  of  the  United  States,  to  be  used  by 

them  temporarily  for  quarantine  purposes,  such  vessels  or 
hulks  belonging  to  the  United  States  as  are  not  required 
for  other  uses  of  the  national  government,  subject  to  such 
restrictions  and  regulations  as  the  said  Secretary  may  deem 
necessary  to  impose  for  the  preservation  thereof. 
jane  20, 1874.     *    *    *     «  whenever  any  vessel  of  the  United  States  has 
Eeport  of  acci-  sustained  or  caused  any  accident  involving  the  loss  of  life, 
vessels etc''  to  tne  material  loss  of  property,  or  any  serious  injury  to  any 
june2o,  1874,  s.  person,  or  has  received  any  material  damage  affecting  her 
10see1notes fand  seaworthiness  or  her  efficiency,  the  managing  owner,  agent, 
4.  or  master  of  such  vessel,  shall  within  five  days  after  the 

happening  of  such  accident  or  damage,  or  as  soon  there- 
after as  possible,  send,  by  letter  to  the  collector  of  customs 
of  the  district  wherein  such  vessel  belongs  or  of  that  within 
which  such  accident  or  damage  occurred,  a  report  thereof, 
signed  by  such  owner,  agent,  or  master,  stating  the  name 
and  official  number  (if  any)  of  the  vessel,  the  port  to  which 
she  belongs,  the  place  where  she  was,  the  nature  and  prob- 
able occasion  of  the  casualty,  the  number  and  names  of 
those  lost,  and  the  estimated  amount  of  loss  or  damage  to 
the  vessel  or  cargo 5  and  shall  furnish,  upon  the  request  of 
either  of  such  collectors  of  customs,  such  other  information 
concerning  the  vessel,  her  cargo,  and  the  casualty  as  may 
be  called  for;  and  if  he  neglect  or  refuse  to  comply  with 
the  foregoing  requirements  after  a  reasonable  time,  he  shall 
incur  a  penalty  of  one  hundred  dollars."  *  *  * 

Note  3.— The  above  act  is  regarded  as  applying  to  vesselH  of  the  Navy,  and  a  report 
should  be  made  as  indicated,  in  case  of  loss  or  accident,  to  the  collector,  from  whom 
the  necessary  blanks  can  be  procured. 

Note  4.  —  Where  the  fault  is  wholly  on  one  side,  the  party  in  fault  must  bear  his 
own  loss,  and  compensate  the  other  party,  if  such  party  have  sustained  any  damage. 
If  neither  be  in  fault,  neither  is  entitled  to  compensation  from  the  other.  If  both 
are  in  fault,  the  damages  will  be  divided.  (Otto,  S.  C.,  102,  p.  203.) 


THE    VOLUNTEER    SERVICE. 


137 


VOLUNTEER  SERVICE. 


Sec.  Sec. 

1411.  Acting  assistant  surgeons.  Acting  assistant  surgeons  allow 

1412.  Credit  for  volunteer  service.  only  in  case  of  war. 

1559.  Pay  of  volunteer  service.  —  Credit  for  continuous  service. 

1600.  Credit  to  marine  officers  for  volun- 
teer service. 

SEC.  1411.  The  Secretary  of  the  Navy  may  appoint,  for  Title  is,  chap,  i. 
temporary  service,  such  acting  assistant  surgeons  as  the.  Acting  assist- 
exigencies  of  the  service  may  require,  who  shall  receive  the  "j^^JgTQ  8 
compensation  of  assistant  surgeons.  13,  v.yi6,'p.  sal- 

Mar.  3,  1865,  s.  6, 
v.  13,  p.  539.  See 
Feb.  15.  1879. 


SEC.  1412.  Officers  who  have  been,  or  may  be,  transferred 
from  the  volunteer  service  to  the  Regular  Navy  shall  be  i 
credited  with  the  sea  service  performed  by  them  as  volunteer  3)  J;  g' 8- 
officers,  and  shall  receive  all  the  benefits  of  such  duty  in  'seeAug.5,i882, 
the  same  manner  as  if  they  had  been,  during  such  service, aD  r' 8>  1883' 
in  the  Regular  Navy. 

SEC.  1559.  When  a  volunteer  naval  service  is  authorized  Title  15, chap. 8. 
by  law,  the  officers  therein  shall  be  entitled  to  receive  the  Pay  volunteer 
same  pay  as  officers  of  the  same  grades,  respectively,  in  the  sejuiy°i6, 1862,  s. 
Eegular  Navy.  20,  v.  12,  p.  587.' 

SEC.  1600.  All  marine  officers  shall  be  credited  with  the Titiei5, chap. 9. 
length  of  time  they  may  have  been  employed  as  officers  or  credit  to  ma- 
enlisted  men  in  the  volunteer  service  of  the  United  States.  ri^af^e™-67  s 

3,  v.  14^  p]  516.  ' 

That  from  and  after  the  passage  of  this  act,  the  Secre-  Feb- 15> 1879- 
tary  of  the  Navy  shall  not  appoint  acting  assistant  sur-    Acting 


geons  for  temporary  service,  as  authorized  by  section  four-  U£iy  in 
teen  hundred  and  eleven,  Revised  Statutes,  except  in  case  ™-e  nc 
of  war. 

And  all  officers  of  the  Navy  shall  be  credited  with  the  Mar.  3,  isss. 
actual  time  they  may  have  served  as  officers  or  enlisted  creditfo 
men  in  the  regular  or  volunteer  Army  or  Navy,  or  both, 
and  shall  receive  all  the  benefits  of  such  actual  service  in  Aug.  5,1882^22 
all  respects  in  the  same  manner  as  if  all  said  service  hadS;  sTdfes?^ 
been  continuous  and  in  the  Regular  Navy  in  the  lowest  s^^&pof^-'ine 
grade  having  graduated  pay  held  by  such  officer  since  last  for1  regular  53u 
entering  the  service:  Provided,  That  nothing  in  this  clause  u^[creand other 
shall  be  so  construed  as  to  authorize  any  change  in  the  19  c.'cu.,  eii, 
dates  of  commission  or  in  the  relative  rank  of  such  officers:  lll^c'.wl'uo'- 
Provided  further,  That  nothing  herein  contained  shall  be  fco»£cta.,9o,'i8ij 
construed  as  to  give  any  additional  pay  to  any  such  officer  issu.'i.',^.249' 
during  the  time  of  his  service  in  the  volunteer  army  or  navy.  See  ™t6  2- 

Note  1.— An  act  approved  Feb.  15, 1879,  v.  20,  p.  294,  abolished  the  volunteer  Navy  of 
the  United  States;  providing  for  the  transfer  of  some  of  them  to  the  Regular  Navy. 
Mates  were  not  considered  as  coming  within  its  provisions. 

Note  2.— Credit  for  volunteer  service  under  section  1412  of  the  Revised  Statutes 
"as  an  acting  third  assistant  engineer,  is  of  no  benefit  to  the  officer,  so  far  as  regards 
promotion  to,  or  pay  in,  the  grade  of  passed  assistant  engineer  in  the  Regular  Navy ; " 
can  not  be  used  to  make  up  the  period  of  sea  service  required  for  promotion  from  the 
grade  of  second  or  assistant  engineer  to  that  of  first  or  passed  assistant.  (Op.,  June, 
1882.  Webster's  Case.) 

This  provision  (sec.  1412)  was  designed  to  give  the  transferred  officers  the  free 
benefit  of  their  former  sea  service,  in  so  far  as  it  might  go  to  complete  the  period  of 
such  service  required  in  their  respective  grades  previous  to  examination  for  promo- 
tion, and  in  so  far  as  it  ought  properly  to  be  taken  into  account  in  the  matter  of 
assignment  to  duty,  and  it  confers  no  advantages  beyond  these.  A  volunteer  officer 


138       LAWS   RELATING   TO   THE   NAVY,  MARINE    CORPS,  ETC. 

'WARRANT  OFFICERS. 


Sec. 

1405.  Number  and  appointment  of. 

1406.  Title. 

1407.  Promotion  of  seamen  to  warrant 

officers. 

1409.  Not  to  discharge  from  enlistment. 
1416.  Gunners  as  keepers  of  magazines. 


Sec. 

1417.  Preference  to  enlisted  boys. 

1438.  As  naval  storekeepers. 

1439.  Bonds  as  storekeepers. 
1491.  Rank. 

1556.  Pav. 


Title  15,  chap.  i.      SEC.  1405.  The  President  may  appoint  for  the  vessels  in 

Nnmbe7aild  actual  service,  as  many  boatswains,  gunners,  sailmakers, 

appointment  of.  and  carpenters  as  may,  in  his  opinion,  be  necessary  and 

3,  Avpr22J'p18°369o8;  proper. 

Aug.  4,  1842,  s.  1, 
v.  5,  p.  500;  Mar. 
3,1847,s.l,v.9,p. 
172. 

juiv  2  1864  s      SEC.  1406.  Boatswains,   gunners,  carpenters,  and   sail- 
2,  v.  13,  p.  373.  '     makers  shall  be  known  and  shall  be  entered  upon  the  Naval 
-  Register  as  "  warrant  officers  in  the  naval  service  of  the 


cers,  Title  "Re-  United  States." 

tirement. 

seainen0ttonwarf     ^EC.  1407.  Seamen  distinguishing  themselves  in  battle, 

rant  officers.       or  by  extraordinary  heroism  in  the  line  of  their  profession, 

3)^iJ)p%19864'8-may  be  promoted  "to  forward  warrant  officers,  upon  tlie 

recommendation  of  their  commanding  officer,  approved  by 

the  flag-  officer  and  Secretary  of  the  Navy.    And  upon  such 

recommendation  they  shall  receive  a  gratuity  of  one  hun- 

dred dollars  and  a  medal  of  honor,  to  be  prepared  under  the 

direction  of  the  Navy  Department. 

dSl?|e.not  to     SEC-  I409-  Tlie  rating  of  an  enlisted  man  as  a  mate,  or 
May  i7,'i864,  s.  his  appointment  as  a  warrant  officer,  shall  not  discharge 
Mar.'?,1  ikes,'  873,;  him  from  his  enlistment. 

v.  13,  p!  539.  ' 

ke?perseof  maag8     SEC.  1416.  The  Secretary  of  the  Navy  is  authorized,  when 

azines.  in  his  opinion  the  public  interest  will  permit  it,  to  discon- 

i,^9fP109'81846'8'  tinue  the  office  or  employment  of    *    *     *     the  keeper  of 

the  magazine  employed  at  any  navy-yard,  and  to  require 

the  duties  of  the  keeper  of  the  magazine  to  be  performed 

by  gunners. 

Preference  in     gEC>  1417.    *     *     *     In    the  appointment  of   warrant 
to  ap°  officers  in  the  naval  service  of  the  United  States,  preference 
2  etiC879  sual*  be  give11  to  men  wno  nave  been  honorably  discharged 
v.2i,p.3.  '        '  upon  the  expiration  of  an  enlistment  as  an  apprentice  or 
boy,  to  serve  during  minority,  and  re-enlisted  within  three 
eenotei.       montn8  after  such  discharge,  to  serve  during  a  term  of 
three  or  more  years  :  Provided  further.  That  nothing  in  this 
act  shall  be  held  to  abrogate  the  provisions  of  section  four- 
teen hundred  and  seven  of  the  Revised  Statutes  of  the 
United  States. 

transferred  to  the  Regular  Navy  is  not  entitled  to  hold  a  commission  dated  ns  of  the 
date  of  his  volunteer  commission,  but  he  must  take  his  place  upon  the  Register  accord- 
ing to  the  rank  given  him  by  his  commission  as  an  officer  of  the  Regular  Navy.  (Op., 
XIV,  191,  358,  and  A  up.  11,  1881;  Gen.  Order  275.) 

Toentitle  an  officer  to  credit  for  sea  service,  under  the  act  of  March  2,  1867,  he  must 
have  been  in  the  volunteer  Navy  at  the  time  <>t  his  appointment  to  the  Regular  Navy. 
Where  he  ceased  to  be  an  officer  in  the  volunteer  Navy  prior  to  such  appointment, 
however  brief  the  interval,  he  does  not  come  within  the  provisions  referred  to.  (Op., 
XIV,  142,  Nov.  20,  1872.  Gray's  Case.) 

The  act  of  March  3,  1883,  supra,  is  to  be  considered  in  connection  with  the  fore- 
going opinions  which  were  rendered  prior  to  its  passage. 

Note  1.—  See  act  August  1,  1894,  extending  provisions  of  law  relating  to  retirement 
of  warrant  officers  to  officers  now  serving  as  mates  in  Navy,  Title  "Mates." 


WARRANT    OFFICERS    IN    THE    NAVY.  139 

SEC.  14°)8.  The  Secretary  of  the  Navy  shall  order  a  suit-  Title  is,  chap. 2. 
able  commissioned  or  warrant  officer  of  the  Navy,  except  Acting  as  store- 
in  the  case  provided  in  section  fourteen  hundred  and  four-  kjJ2"i71  ig44 
teen,  to  take  charge  of  the  naval  stores  for  foreign  squad-  *•  1,  v.  5,  p.  700 \ 
rons  at  each  of  the  foreign  stations  where  such  stores  may  ^S^'nlf7' 8' 3' 
be  deposited,  and  where  a  store-keeper  may  be  Iiecessary-u^1eel?ena1*1ai 

storekeepers, 

SEC.  1439.  Every  officer  so  acting  as  store-keeper  on  a    jJJJjJ8";- 18 
foreign  station  shall  be  required  to  give  a  bond,  in  such  8. i.'^s, p*. Too.44' 
amount  as  may  be  fixed  by  the  Secretary  of  the  Navy,  for 
the  faithful  performance  of  his  duty. 

SEC.  1491.  The  President  may,  if  he  shall  deem  it  con-  Title  is,  chap.  4. 
ducive  to  the  interests  of  the  service,  give  assimilated  rank    Rank, 
to  boatswains,  gunners,  carpenters,  and  sailmakers,  as  f bl-  ^"l?  13^'p  /JJ |{: 
lows:  After  five  years' service,  to  rank  with  ensigns,  and. Mar. 3, ISSS/P.K! 
after  ten  years7  service  to  rank  with  lieutenants  of  the  junior   '' p>  472' 
grade. 

SEC.  1556.  *  *  *  Boatswains,  gunners,  carpenters,  and  Title  is, chap. 8. 
sail-makers,  during  the  first  three  years  after  date  of  ap-  Pay. 
pointment,  when  tit  sea,  one  thousand  two  hundred  dollars;  3ivUi6, p5'338270'8 
on  shore  duty,  nine  hundred  dollars;  on  leave,  or  waiting- 
orders,  seven  hundred  dollars;  during  the  second  three 
years  after  such  date,  when  at  sea,  one  thousand  three  hun- 
dred dollars;  on  shore  duty,  one  thousand  dollars;  onleave, 
or  waiting  orders,  eight  hundred  dollars;  during  the  third 
three  years  after  such  date,  when  at  sea,  one  thousand  four 
hundred  dollars;  on  shore  duty,  one  thousand  three  hun- 
dred dollars;  on  leave,  or  waiting  orders,  nine  hundred 
dollars ;  during  the  fourth  three  years  after  such  date,  when 
at  sea,  one  thousand  six  hundred  dollars;  on  shore  duty, 
one  thousand  three  hundred  dollars;  on  leave,  or  waiting 
orders,  one  thousand  dollars;  after  twelve  years  from  such 
date,  when  at  sea,  one  thousand  eight  hundred  dollars;  on 
shore  duty,  one  thousand  six  hundred  dollars;  on  leave,  or 
waiting  orders,  one  thousand  two  hundred  dollars. 


140       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 


DIVISION   II. 


MATURE    CORPS. 


ORGANIZATION,  ETC. 


Sec. 

1135.  Camp    equipage    of    detachments 

serving  with  the  Army. 
1143.  Rations    to    detachments    serving 

with  Army. 
1342.  Art.  of  War  78.    Association  with 

Army  on  courtsinartial. 
1342.  Art.  of  War  122.    Command  when 

different  corps  join. 
1421.  Transfer    of    enlisted    men    from 

Army. 

1596.  Xumber  of. 

1597.  What  commissions  and  promotions 

not  affected  by  number  fixed. 

1598.  Staff1. 

1599.  QualificatioTis  for  appointment. 

1600.  Credit  for  volunteer  service. 

1601.  Rank  of  commandant. 

1602.  Staff  rank. 

1603.  Relative  rank  with  the  Army 
Judge-Advocate-Geueral. 


Sec. 

1604.  Brevets.     [1209-11-12-04,  Army.] 

1605.  Advancement  in  number. 

1606.  Promotion  when  grade  is  full. 

1607.  Promotion  for  gallantry. 

1608.  Enlistments. 

1609.  Oath. 

1342.  Art.  2.    Oath. 

1610.  Exemption  from  arrest. 

1611.  Companies  and  detachments. 

1616.  Services  on  armed  vessels. 

1617.  Marine    officers    not   to    command 

navy-yards  or  vessels. 

1618.  Marines  substituted  for  landsmen. 

1619.  Duty  on  shore. 

1620.  Regulations. 

1621.  Subject  to  laws  governing  the  Xavy, 

except  when   serving    with    the 

Army. 

Act  Jan.  28,  1893.     Post-traders. 

1624.  Desertion  by  resignation. 


Title  14, chap,  i.      SEC.  1135.  The  officers  of  the  Quartermaster's  Depart 
supplies  Toment  shall,  upon  the  requisition  of  the  naval  or  marine 

deUcVnnents1"10  on^cer  commanding  any  detachment  of  seamen  or  marines 
Dec.  15, ISM, ss.  under  orders  to  act  on  shore,  in  co-operation  Avith  land 

i,2,v.3,p.i5i.  troops,  and  during  the  time  such  detachment  is  so  acting 
or  proceeding  to  act,  furnish  the  officers  and  seamen  with 
camp  equipage,  together  with  transportation  for  said  offi- 
cers, seamen,  and  marines,  their  baggage,  provisions,  and 
cannon,  and  shall  furnish  the  naval  officer  commanding 
any  such  detachment,  and  his  necessary  aids,  with  horses, 
accouterments,  and  forage. 

taSfmSta^fth     SEC'  1143<  The  officers  of  tlie  Subsistence  Department 
the  Army.         shall,  upon  the  requisition  of  the  naval  or  marine  officer 

Dec.  15, 1814, 


1,  v.  3,  p.  151. 


commanding  any  detachment  of  seamen  or  marines  under 
orders  to  act  on  shore,  in  co-operation  with  the  land  troops 
and  during  the  time  such  detachment  is  so  acting  or  pro- 
ceeding to  act,  furnish  rations  to  the  officers,  seamen,  and 
marines  of  the  same. 

Title  14, chap. 5.      SEC.  1342.  ART.  of  WAR   78.     Officers   of  the   Marino 

Marine  and  Corps,  detached  for  service  with  the  Army  by  order  of  the 

offirer8ra8\oIc^^>res^den^'  may  ^e  associated  with  officers  of  the  Regular 

ated  on  courts.    Army  on  courts-martial  for  the  trial  of  offenders  belonging 

8.2,uv!4,p°7i:{8'{4' to  tne  Regular  Army,  or  to  forces  of  the  Marine  Corps  so 

detached  j  and  in  such  cases  the  orders  of  the  senior  officer 

of  either  corps,  who  may  be  present  and  duly  authorized, 

shall  be  obeyed. 

3. 1342.  ART.  of  WAR  122.  If,  upon  marches,  guards, 


happen  to  join,    or  in  quarters,  different  corps  of  the  Army  happen  to  join 

27 ,  "'12,  p8G736! or  do  duty  to£ethcr>  the  officer  highest  in  rank  of  the 'line 

Mar.  3, 1863,'s-  25,'  of  the  Army,  Marine  Corps,  or  Militia,  by  commission,  there 

on  duty  or  in  quarters,  shall  command  the  whole,  and  give 

orders  for  what  is  needful  to  the  service,  unless  otherwise 

specially  directed  by  the  President,  according  to  the  nature 

of  the  case. 


MARINE    CORPS,  ORGANIZATION,  ETC.  141 

SEC.  1421.  Any  person  enlisted  in  the  military  service  of Title  15>  chaP«  *• 
the  United  States  may,  on  application  to  the  Navy  Depart-    Transfer  from 
ment,  approved  by  the  President,  be  transferred  to  the  "erSy  to  naval 
Navy  or  Marine  Corps,  to  serve  therein  the  residue  of  his    July 'i,  1864, 8. 
term  of  enlistment,  subject  to  the  laws  and  regulations  for1'  V-13-P-342- 
the  government  of  the  Xavy.     But  such  transfers  shall  not 
release  him  from  any  indebtedness  to  the  Government,  nor, 
without  the  consent  of  the  President,  from  any  penalty 
incurred  for  a  breach  of  military  law. 

SEC.  1596.  The  Marine  Corps  of  the  United  States  shall  "tie  is,  chap,  e. 
consist  of  one  commandant,  icith  the  rank  and  pay  of  a  colo-    Number  of. 
nel,  one  colonel,  two  lieutenant-colonels,  four  majors,  one^^'p86^,?: 
adjutant  and  inspector,  one  paymaster,  one  quartermaster,  M«r.  2,  jje?,^^ 
two  assistant  quartermasters,  twenty  captains,  thirty  first  e,  1874,  v.  ;i8™p! 
lieutenants,  thirty  second  lieutenants,  one  sergeant-major,  58seenotei 
one  quartermaster-sergeant,  one  drum-major,  one  principal 
musician,  two  hundred  sergeants,  two  hundred  and  twenty 
corporals,  thirty  musicians  for  a  band,  sixty  drummers, 
sixty  fifers,  and  twenty-five  hundred  privates. 

*     *     *     Provided,  That  the  office  of  commandant  of  the   JuneC> 187*- 
Marine  Corps  having  the  rank  of  a  brigadier-general  of  the    is  stat.  L.,  ss. 
Army  shall  continue  until  a  vacancy  shall  occur  in  the  same,  ioSupp' K<  s>1  p* 
and  no  longer ;  (2)  and  when  such  vacancy  shall  occur  in  said  •h^^Ka^ftof 
office,  immediately  thereupon  all  laws  and  parts  of  lawsKepeafofiawflx- 
creating  said  office  shall  become  inoperative,  and  shall,  by  Sdfer*generairiK" 
virtue  of  this  act,  from  thenceforth  be  repealed.  see  note  2. 

SEC.  1597.  The  provisions  of  the  preceding  section  shall 
not  preclude  the  advancement  of  any  officer  to  a  higher  Ky  promotion.8 
grade  for  distinguished  conduct  in  conflict  with  the  enemy,  2  r  * 
or  for  extraordinary  heroism  in  the  line  of  his  profession,  j* 
as  authorized  by  sections  sixteen  hundred  and  five  and  six-  JV'ises,6?  ;2,av. 
teen  hundred  and  seven.  islp.424.  ' 

And  from  and  after  the  passage  of  this  act  there  shall  be    Jan.  so,  isss. 
no  appointments,  except  by  promotion,  to  fill  vacancies    supp.,  1374- 
occurring  in  the  list  of  commissioned  officers  of  the  Marine  ^Appointments 
Corps  until  the  number  of  such  officers  shall  have  been  in  the  Marine 
reduced,  by  casualties  or  otherwise,  below  seventy-five  as  c jrunell3o,tei876, 
fixed  by  the  act  approved  June  thirtieth,  eighteen  hundred ch- l^  u»  stat'. 
and  seventy-six ;  and  after  the  number  of  officers  shall  b#  iS»  repeals 
reduced  as  above  provided,  the  whole  number  of  commis- 8ec- 160L 
sioned  officers  on  the  active  list  in  the  Marine  Corps  shall 
not  exceed  seventy-five. 

SEC.  1598.  The  staff  of  the  Marine  Corps  shall  be  sepa-    f£f-2  1847  8 
rate  from  the  line.  3,  v.  9,  V  154'; 

June  30, 1834,  s.  6, 
v.  4,  p.  713. 

SEC.  1599.  [Superseded  by  act  of  August  5,  1882,  as  fol-   ^JESSR 
lows :]  All  the  undergraduates  at  the  Naval  Academy  shall  i,o(22  stat.  L./P. 

Note  I.— The  commandant  is  stationed  at  the  headquarters  of  the  Marine  Corps, 
Washington,  D.  C. ;  is  responsible  to  the  Secretary  of  the  Navy  for  the  general  effi- 
ciency and  discipline  of  the  corps,  aud  under  his  direction  issues,  through  the  office 
of  the  adjutant  and  inspector  of  the  corps,  orders  for  the  movement  of  officers  and 
troops,  and  such  general  orders  and  instructions  for  their  guidance  as  may  be  neces- 
sary. In  the  absence  of  the  commandant  on  duty,  the  business  of  his  office  is  con- 
ducted by  the  adjutant  and  inspector,  as  "by  order  of  the  commandant;"  in  case  of 
his  absence  on  leave,  disability,  retirement,  or  death,  his  duties  are  performed  by 
the  adjutant  and  inspector,  as  "by  direction  of  the  Secretary  of  the  .Navy." 

Note  2. — The  office  became  vacant  November  1,  1876,  and  the  commandant  A\  as 
appointed  as  provided  by  this  act. 


285. 


142       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 


hereafter  be  designated  and  called  "naval  cadets";  and 
cadets,"  not  from  those  who  successfully  complete  the  six  years'  course 
shall  hereafter  be  made  as  it  is  necessary  to 


signed  yearly  to  till  vacancies  in  the  lower  grades  of  the  line  and  engineer 
;°rp8'  corps  of  the  Navy  and  of  the  Marine  Corps:  And  provided 
further,  That  no  greater  number  of  appointments  into  these 
grades  shall  be  made  each  year  than  shall  equal  the  num- 
ber of  vacancies  which  has  occurred  in  the  same  grades 
during  the  preceding  year;  such  appointments  to  be  made 
from  the  graduates  of  the  year  at  the  conclusion  of  their 
six  years'  course,  in  the  order  of  merit,  as  determined  by 
the  academic  board  of  the  Naval  Academy  ;  the  assignment 
to  the  various  corps  to  be  made  by  the  Secretary  of  the 
Navy  upon  the  recommendation  of  the  academic  board. 

JSSStitSS^     SEC-  1609-  A11  marine  officers  shall  be  credited  with  the 

Mar.  2,  1867,  s.  length  of  time  they  may  have  been  employed  as  officers  or 

3>seeAug55,i882,  enlisted  men  in  the  volunteer  service  of  the  United  States. 

Division!,  under 
Volunteer  Serv- 
ice. 


n       SEC.  1601.  The  commandant  of  the  Marine  Corps  shall 
w  have  the  rank  and  pay  of  a  colonel,  and  shall  be  appointed 
Itat  LL2935;  22by  selection  by  the  President  from  the  officers  of  said  corps. 

Mar.  2,  1867,  s. 
7,  v.  14,  p.  517; 
June6,  1874,  v.  18, 
p.  58.  See  note  3. 

staff  rank.  SEC.  1602.  The  adjutant  and  inspector,  the  paymaster, 
^9?  p.'  154?'  Feb.  and  the  quartermaster  shall  have  the  rank  of  major;  each 
27,  is??,  v.  19,  p.  24.  assistant  quartermaster  shall  have  the  rank  of  captain. 

Relative^  rank  SEC.  1603.  The  officers  of  the  Marine  Corps  shall  be,  in 
Wjune  C3o  'mi  re^ation  to  rank,  011  the  same  footing  as  officers  of  similar 
s.  4,  v.  4,  p.  Vis.  '  grades  in  the  Army. 

See  1466,  Kank  & 
and  Precedence, 
Division  I. 

June  8,1880.        That  the  President  of  the  United  States  be,  and  he  is 

judge-advo-  hereby,  authorized  to  appoint,  for  the  term  of  four  years, 

cate-generai.       fov  ail(j  with  the  advice  and  consent  of  the  Senate,  from 

the  officers  of  the  Navy  or  the  Marine  Corps,  a  judge-advo- 

cate-general of  the  Navy,  with  the  rank,  pay,  and  allow- 

ances of  a  captain  in  the  Navy  or  a  colonel  in  the  Marine 

Corps,  as  the  case  may  be.    And  the  office  of  the  said 

^  office  in  the  judge-  advocate-general  shall  be  in  the  Navy  Department, 

menT  '*"  where  he  shall,  under  the  direction  of  the  Secretary  of  the 

2iJpni664  ch8  129  ^avv>  receive,  revise,  and  have  recorded  the  proceedings 

'  of  all  courts-martial,  courts  of  inquiry,  and  boards  for  the 

examination  of  officers  for  retirement  and  promotion  in  the 

naval  service,  and  perform  such  other  duties  as  have  here- 

tofore been  performed  by  the  solicitor  and  naval  judge- 

advocate-general. 

.1  mi.-  5,  1896.       That  the  Act  "  to  authorize  the  President  to  appoint  an 

29stat.  L.,25i.  officer  of  the  Navy  or  the  Marine  Corps  to  perform"  the 

^supp.  vol.  '2,  p.  duties  of  solicitor  and  judge-advocate-general,  and  so  forth, 

Navy.  and  to  fix  the  rank  and  pay  of  such  officer,"  approved  June 

cat^-lene^aVs6^0^'  eighteen  hundred  and  eighty,  is  hereby  amended 

pay.  by  inserting  in  said  Act  in  lieu  of  the  words  "with  the  rank, 

.      NoUS.—  See  act  of  January  30,  1885,  which  practically  repeals  this  section. 


MARINE    CORPS,  ORGANIZATION,  ETC.  143 

pay,  and  allowances  of  a  captain  in  the  Navy,  or  a  colonel  cbjlj»«  (18'slf80' 
in  the  Marine  Corps,  as  the  case  may  be,"  the  words  "  with  K.S.,  290). 
the  rank  and  highest  pay  of  a  captain  the  Navy,  or  the    R-s-»§349. 
rank,  pay,  and  allowances  of  a  colonel  in  the  Marine  Corps, 
as  the  case  may  be  :  " 

Provided,  That  this  amendment  shall  take  effect  from    _to  date  from 
July  nineteenth,  eighteen  hundred  and  ninety-two,  the  date  i«»2. 
on  which  the  present  incumbent  entered  on  duty,  and  that    Became  a  law 
the  amount  herein  appropriated  shall  be  payable  from  the  June  5'  1896- 
appropriation  "  Pay  of  the  Navy." 

SBC.  1604.  Commissions  by  brevet  may  be  conferred  upon  ™     lo*chap'9t 
commissioned  officers  of  the  Marine  Corps  in  the  same    ?revet,8- 

,  .    .  ...        .  ,  Apr.    ID,    1814, 

cases,  upon  the  same  conditions,  and  in  the  same  manner  H.  3,  v.  3,  P.  124; 
as  are  or  may  be  provided  by  law  for  officers  of  the  Army.  ^vjyjJiJi 

30,  1834,  s.  9,  v.  4, 
p.  713;  July  6, 
1812,  s.  4,  v.  2,  p. 
785;  Mar.  1,  1869, 
s.  2,  v.  15,  p.  281  ; 
Mar.  3,  1869,  s.  7, 
v.  15,  p.  318;  July 
15,  1870,  8.-16,  v. 

The  following  are  the  sections  relating  to  the  conferring  Title  14,'  chap.  i. 
of  brevets  in  the  Army  :  Brevets. 

6'188 


SEC.  1209.  The  President,  by  and  with  the  advice  and  4(     yp  7'85Ap8r: 
consent  of  the  Senate,  may,  in  time  of  war,  confer  commis-  iM8i8^.2,  v^p. 
sions  by  brevet  upon  commissioned  officers  of  the  Army,  8.2;v.i5,'p.'28i.  ' 
for  distinguished  conduct  and  public  service  in  presence 
of  the  enemy. 

SEC.  1210.  Brevet  commissions  shall  bear  date  from  the  2  Ma£  1,  ises,  s. 
particular  action  or  service  for  which  the  officers  were  ' 
brevetted. 

SEC.  1211.  Officers  maybe  assigned  to  duty  or  command  8  ^  sfp/Sf- 
according  to  their  brevet  rank  by  special  assignment  of  Mar.  3,'  iseo,  ».i', 
the  President;  and  brevet  rank  shall  not  entitle  an  officer  v-]5'p>318> 
to  precedence  or  command  except  when  so  assigned. 

SEC.  1212.  No  officer  shall  be  entitled,  on  account  of   J»iy  is,  ISTO, 
having  been  brevetted,  to  wear,  while  on  duty,  any  tini-8'    >v'    'p' 
form  other  than  that  of  his  actual  rank:  and  no  officer 
shall  be  addressed  in  orders  or  official  communications  by 
any  title  other  than  that  of  his  actual  rank. 

SEC.  1264.  Brevets  conferred  on  commissioned  officers  Title  ie,  chap.  s. 
.shall  not  entitle  them  to  any  increase  of  pay.  Mar.  3.  isea", 

v.  12,  pi  758;  Mar. 
3,  1865,  s.  9,  v.  13, 
p.  488. 

Officers  of  the  Army  shall  only  be  assigned  to  duty  or    Mar.  s,  isss. 
command  according  to  their  brevet  rank  when  actually  ~Mar.  3,  ms,  s. 
engaged  in  hostilities.  457stat8'  L-*  p- 

SEC.  1605.  Any  officer  of  the  Marine  Corps  may,  by  and  Title  15,  chap.  9. 
with  the  advice  and  consent  of  the  Senate,  be  advanced  Advancement 
not  exceeding  thirty  numbers  in  rank,  for  eminent  and  injnanmb24'  1865 
conspicuous  conduct  in  battle  or  extraordinary  heroism,  s.  i,v!  13,  P.  424'; 

Apr.  21,  1864,  s.  6, 
v.  13,  p.  54. 

SEC.  1600.  Any  officer  who  is  nominated  to  a  higher 
grade  by  the  provisions  of  the  preceding  section  shall  be 


144   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

s  ^a°  is24'  41465'  Prom°ted,  notwithstanding  the  number  of  said  grade  may 
be  full,  but  no  further  promotion  shall  take  place  in  that 
grade,  except  for  like  cause,  until  the  number  is  reduced  to 
that  provided  by  law. 

J^motion  lor     Q^c.  1607.  Any  officer  of  the  Marine  Corps  may,  by  and 
gajuiy  iu,'i862,s.  with  the  advice  and  consent  of  the  Senate,  be  advanced 
jaiT'^isJs  ft' one  £rade,  if>  upon  recommendation  of  the  President  by 
v.ia,  pi  424.'     '  name,  he  receives  the  thanks  of  Congress  for  highly  distin- 
guished conduct  in  conflict  with  the  enemy,  or  for  extraor- 
dinary heroism  in  the  line  of  his  profession. 

Enlistments.        SEC.  1608.  Enlistments  into  the  Marine  Corps  shall  be 

July    11,    1870,  ,,  ,  ,    ,  .,  ,, 

res.  106  v.  16,  p.  for  a  period  not  less  than  five  years. 

387. 
See  notes  4  and 

'oath.  SEC.  1609.  The  officers  and  enlisted  men  of  the  Marine 

4,  v!lif  p"!'59598'8'  Corps  shall  take  the  same  oaths,  respectively,  which  are 
provided  by  law  for  the  officers  and  enlisted  men  of  the 
Army. 

Title  u,  chap.  5.     gEC>  13^  ART.  2.  "  I,  A  B,  do  solemnly  swear  (or  affirm) 

oath  for   en  that  I  will  bear  true  faith  and  allegiance  to  the  United 

Il8ja?i.n29,ni8i3 .s.  States  of  America;   that  I  will  serve  them  honestly  and 

13,  v.  2,  V  796 .faithfully  against  all  their  enemies  whomsoever;  and  that 

fi"v.i32,  p828i).8'  I  will  obey  the  orders  of  the  President  of  the  United  States, 

and  the  orders  of  the  officers  appointed  over  me,  according 

to  the  rules  and  articles  of  war."    This  oath  may  be  taken 

before  any  commissioned  officer  of  the  Army. 

Title  15, chap.  9.      SEC«.  1610.  Marines  shall  be  exempt,  while  enlisted  in 
Exempt  ion  said  service,  from  all  personal  arrest  for  debt  or  contract. 

from  arrest. 

June  30, 1834,s. 
3,  v.  4,  p.  713; 
July  11, 1798,  8.5, 

'companies  and  SEC.  1611.  The  Marine  Corps  may  be  formed  into  as 
deju?y TUTU'S,  s.  many  companies  or  detachments  as  the  President  may 
i,  v.  i,  p.  594.  direct,  with  a  proper  distribution  of  the  commissioned  and 

non-commissioned  officers  and  musicians  to  each  company 

or  detachment. 

Title  is,  chap. ».     SEC.  1616.  Marines  may  be  detached  for  service  on  board 
Service  on  the  armed  vessels  of  the  United  States,  and  the  President 
arjuiyvi Jfei798,  may  detach  and  appoint,  for  service  on  said  vessels,  such 
88.1.3,  v.i/p.  595-  of  the  officers  of  said  corps  as  he  may  deem  necessary. 

v.Vp.523.    ' 

Note  4.— It  is  not  in  the  power  of  the  Secretary  [of  War]  to  suspend  the  enlist- 
ment of  a  soldier,  retaining  the  right  to  resume  his  proper  control  over  him  as  an 
enlisted  man  at  any  definite  or  indefinite  period.  He  may  discharge  him  from  the 
service  according  to  the  contract  which  is  made  by  enlistment,  but  the  right  to  sus- 
pend the  contract  does  not  exist  upon  the  part  ot  the  Secretary,  even  with  the  con- 
sent of  the  soldier.  To  use  the  language  of  Attorney-General  Clifford  (Op.  4,  538), 
"The  executive  department  has  discretionary  authority  to  discharge  before  tin-  term 
of  service  has  expired,  but  has  no  power  to  vary  the  contract  of  enlistment."  (Op., 
XV.  362,  Devens,  Sept.  4,  1877.) 

Note  5.— Enlisted  men  serving  within  the  United  States  can  be  discharged  by 
order  of  the  commandant  on  expiration  of  enlistment,  in  pursuance  of  the  sentence 
of  a  general  or  summary  court-martial,  or  by  reason  of  unfitneas  for  service  from 
causes  properly  ascertained.  Special  discharges  are  not  issued  by  the  commandant 
except  in  cases  of  urgent  necessity,  and  when,  in  his  opinion,  such  discharge  will 
not  be  prejudicial  to  the  interests  of  the  service. 

The  regulations  for  the  recruiting  service  of  the  Army  are  applied,  as  far  as  prac- 
ticable, to  the  recruiting  service  of  the  Marine  Corps.  No  person  is  enlisted  or 
reenlisted  other  than  as  private,  drummer,  fifer,  or  apprentice.  Marines  will  not  be 
enlisted  or  discharged  on  foreign  stations. 


MARINE    CORPS,  ORGANIZATION,  ETC.  145 

SEC.  1617.  No  officer  of  the  Marine  Corps  shall  exercise  mjj 
command  over  any  navy-yard  or  vessel  of  the  United  States,  vee 

June  30, 1834,  a. 
4,  v.  4,  p.  713. 

SEC.  1618.  The  President  may  substitute  marines  for  ^JS^lS08  a* 
landsmen  in  the  Navy,  as  far  as  he  may  deem  it  for  the  '  M&r.a, 1349, 8. 
good  of  the  service.  *• v>  9' p- 377> 

SEC.  1619.  The  Marine  Corps  shall  be  liable  to  do  duty 
in  the  forts  and  garrisons  of  the  United  States,  on  the  sea-  6,  v.  i',  p.  we. 
coast,  or  any  other  duty  on  shore,  as  the  President,  at  his 
discretion,  may  direct. 

SEC.  1620.  The  President  is  authorized  to  prescribe  such 
military  regulations  for  the  discipline  of  the  Marine  Corps 
as  he  may  deem  expedient. 

SEC.  1621.  The  Marine  Corps  shall,  at  all  times,  be  sub- 
ject  to  the  laws  and  regulations  established  for  the  govern-  1834  g 

nient  of  the  Navy,  except  when  detached  for  service  with2,v.Tp.7i3;juiy 
the  Army  by  order  of  the  President;  and  when  so  detached  p1^98' 8l  4' v>  1( 
they  shall  be  subject  to  the  rules  and  articles  of  war  pre- 
scribed for  the  government  of  the  Army. 

Every  military  post  may  have  one  trader,  to  be  appointed  July  24>  1876t 
by  the  Secretary  of  War,  on  the  recommendation  of  the    jjf1*^8^ 
council  of  administration,  approved  by  the  commanding^  19,  p.  97.' 
officer,  who  shall  be  subject  in  all  respects  to  the  rules  and    see  note  6. 
regulations  for  the  government  of  the  Army. 

That  where  a  vacancy  now  exists  or  hereafter  occurs  in  Jan-  28> 1893- 
the  position  of  post  trader  at  any  military  post  it  shall  2^stat.  L.,  426. 
not  be  filled,  and  the  authority  to  make  such  appointment  Po8tyt'rader- 

ie  TiArphv  f  fvrmirmfpfl  •  ships —vacancies 

3DVT  not  to  be  filled. 

Provided,  That  in  the  event  of  the  death  of  a  post  trader 
his  personal  representative  shall  be  allowed  by  the  Secre- 
tary  of  War  a  reasonable  time  in  which  to  close  the  busi- 
ness. 

That  hereafter  promotions  to  every  grade  of  commis-  July  28,  1*92. 
sioned  officers  in  the  Marine  Corps  below  the  grade  of '  ^statL.,321 
Commandant  shall  be  made  in  the  same  manner  and  under  {,."56?.'' 
the  same  conditions  as  now  are  or  may  hereafter  be  pre- 
scribed,  in  pursuance  of  law,  for  commissioned  officers  o 

fho    A  rm  v  R.  S.,  sec.  1621. 

t  tie  Army.  See  note  8. 

Provided,  That  examining  boards  which  maybe  organ- bo~ J^JU^1^ 
ized  under  the  provisions  of  this  act  to  determine  the  fit- gamzed. 
ness  of  officers  of  the  Marine  Corps  for  promotion  shall  in  Pi24033f  *  G'  Op" 
all  cases  consist  of  not  less  than  five  officers,  three  of  whom 

Note  6. — The  Secretary  of  the  Navy  determines  at  what  marine  posts  traders  shall 
be  allowed,  and  appoints  them  on  the  recommendation  of  the  council  of  administra- 
tion, formed  under  Army  Regulations,  approved  by  the  commanding  officers  of  the 
post  and  the  commandant  of  the  station. 

Post  traders  are  governed  by  the  Army  Regulations,  and  such  orders  as  the  com- 
mandant of  the  Marine  Corps  may  issue.  They  can  not  keep,  have,  or  sell  spirituous 
liquors.  (Order  of  the  Secretary  of  the  Navy,  Mar.  16, 1883.) 

Post  traders  are  subject  to  the  regulations  of  the  Army  applicable  to  the  occupa- 
tion or  business  carried  on  by  them,  in  like  manner,  and  to  the  same  extent,  that 
sutlers  were.  (Op.,  XVI,  658,  Feb.  2, 1880.  Phillips.) 

Note  7. — Trading  establishments  at  military  posts  are  authorized  by  R.  S.,  §  1113. 

By  1876,  July  24,  §  3  (1  Supp.  R.  S.,  113),  each  post  is  to  have  one  trader. 

As  to  post  gardens  and  canteens — now  known  as  exchanges — see  1890,  June  13,  ch. 
423,  pars.  23(1  Supp.  R.  S.,  757),  and  1892,  July  16,  ch.  195,  par.  3,  p.  37. 

Note 8. — Examination,  for  promotion  in  the  Army  are  regulated  by  1890,  Oct.  1,  ch. 
1241  (1  Supp.  R.  S.,  811),  as  amended  by  1892,  July  27,  ch.  269,  p.  52. 

376 10 


146       LAWS   KELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 

shall,  if  practicable,  be  officers  of  the  Marine  Corps,  seiiior 
to  the  officer  to  be  examined,  and  two  of  whom  shall  be 
medical  officers  of  the  Navy: 
officers     Provided  further.  That  when  not  practicable  to  detail 

detailed,      _,,  „    .,•'      _  _.       .  '       f^  i_  .£»  i  •     • 

officers  of  the  Marine  Corps  as  members  ot  such  examining 
boards,  officers  of  the  line  in  the  Navy  shall  be  so  detailed. 
Title  15,  chap.io.     SEC.  1624,  ART.  10.  Any  commissioned  officer  of  the 
Navy  or  Marine  Corps  who,  having  tendered  his  resigna- 
>  Quits  his  post  or  proper  duties  without  leave,  and  with 


may  b 

when. 


Sec.  1624. 


. 

Aug.  5,  1861,  s.  intent  to  remain  permanently  absent  therefrom,  prior  to 
2,  v.  12,  p.  3i6.      ^ue  no£jce  of  ^-jie  acceptance  of  such  resignation,  shall  be 
deemed  and  punished  as  a  deserter. 

RETIREMENT. 


Sec. 

1622.  Retirement,  as  in  the  Army. 


Sec. 

1623.  Composition  of  board. 


RETIREMENT   IN   THE   ARMY. 


Sec. 

1243.  Retirement  upon  officer's  own  ap- 

plication. 

1244.  After  forty-five  years,  or  at  the  age 

of  sixty-two. 

Act  June  30, 1882,  Retirement  after 

forty    years'    service.     Amend- 
ments. 

1245.  For  disability. 

1247.  Oaths  of  members. 

1248.  Powers  and  duties. 

1249.  Findings. 

1250.  Revision  by  the  President. 


Sec. 

1251.  Finding  of  disability  by  incident 

of  service. 

1252.  Disability  not  by  an    incident  of 

service. 

1253.  Officers  entitled  to  a  hearing. 

1254.  Retired  rank. 

1255.  Status  of  retired  officers. 

1256.  Rights  and  liabilities. 

1257.  Vacancies  by  retirement. 
1274.  Pay 

In 


1275.  Wholly  retired. 
Act  March  3, 1875. 


Rank  and  pay. 


Title  is,  chap.  9.  SEC.  1622.  The  commissioned  officers  of  the  Marine  Corps 
Retirement,  shall  be  retired  in  like  cases,  in  the  same  manner,  and  with 
Aug.  3,  i86i',88.  the  same  relative  conditions,  in  all  respects,  as  are  pro- 

289;juiyi7j862',  vided  for  officers  of  the  Army,  except  as  is  otherwise 

8.12,  v.  12  p.  596;  provided  in  the  next  section. 

Jan.  21,  187U,  8.  1,  •*• 
v.  16,  p.  62;  July 
15,  1870,  s.  4,  v.  16, 
p.  317;  June  10, 
1872,  s.  l.v.17,  p. 
378. 


Title  14,  ch«p.  2. 


1623«  In  cas6  of  an  officer  of  the  Marine  Corps,  the 
Aug.  3,  1861,  s.  retiring  board  shall  be  selected  by  the  Secretary  of  the  Navy, 
under  the  direction  ot  the  President.    Two-fifths  of  the 
board  shall  be  selected  from  the  Medical  Corps  of  the  Navy, 
and  the  remainder  shall  be  selected  from  officers  of  the 
Marine  Corps,  senior  in  rank,  so  far  as  maybe,  to  the  officer 
whose  disability  is  to  be  inquired  of. 
The  following  sections  relate  to  retirement  in  the  Army: 

®EC<  1243'  w^en  ai1  officer  has  served  forty  consecutive 
years  as  a  commissioned  officer,  he  shall,  if  he  makes  appli- 
j5uiy'i52'i87o2S:ca^ou  therefor  to  the  President,  be  retired  from  active 
4,  5,  v.  i6,  p.  si?,  'service  and  placed  upon  the  retired  list.  When  an  officer 
i882,eandUMar.33,'  nas  been  thirty  years  in  service,  he  may,  upon  his  own 
less!  '  aplicatiou,  in  the  discretion  of  the  President,  be  so  retired, 

and  placed  on  the  retired  list. 

Note  I.—  Retirement  in  the  Marine  Corps  is  governed  by  sees.  1622,  1623,  R.  S.  ; 
i.e.,  officers  are  to  be  retired  in  like  cases  and  in  the  same  manner  and  "  with  the 
same  relative  conditions  in  all  respects  "  as  officers  of  the  Army.  Wholly  retired, 
to  receive  one  year's  pay  and  emoluments  ;  otherwise  retired,  75  per  cent,  of  the  pay 
of  the  "actual  rank  '  held  by  them  at  the  time  of  retirement.—  (Op.,  XV,  p.  442, 
Deveus,  Jan.  31,  1878.  Welles  Case.) 


MARINE    CORPS,  ORGANIZATION,  ETC.  147 


SBC.  1244.  When  any  officer  has  served  forty-five  years  orven 
as  a  commissioned  officer,  or  is  sixty-  two  years  old,  he  may  °juiyeli7i8G2, 
be  retired  from  active  service  at  the  discretion  of  the  Presi-  12see12june6'3o 

dent.  1882,  and  Mar.  3,' 

1883. 

On  and  after  the  passage  of  this  act  when  an  officer  has  June  so,  issa. 
served  forty  years  either  as  an  officer  or  soldier  in  the  reg-    Retirement  af- 
ular  or  volunteer  service,  or  both,  he  shall,  if  he  makeiceinyoewn8aT)pH- 
application  therefor  to  the  President,  be  retired  from  active  cation. 
service  and  placed  on  the  retired  list,  and  when  an  officer  compulsory  aetn64 
is  sixty  -four  years  of  age,  he  shall  be  retired  from  active  ^J*^*6^ 
service  and  placed  on  the  retired  list.  ch.254%.i'. 

Nothing  contained  in  the  above  "  shall  be  so  construed    Mar>  3>  1888* 
as  to  prevent,  limit  or  restrict  retirements  from  active  serv-  93^ar{ 
ice  in  the  Army,  as  authorized  by  law  in  force  at  the  date  L.',  p.  457. 
of  the  approval  of  said  act,"  retirement  under  the  provi- 
sions thereof  "  being  in  addition  to  those  theretofore  au- 
thorized by  law." 

That  all  officers  who  have  been  appointed  to  any  corps  July  26,  1894. 
of  the  Navy  after  service  in  a  different  branch  of  the  Navy,    23  stat.  L.,  123. 
shall  have  all  the  benefits  of  their  previous  service  in  the  is^^o6-wff~ 
same  manner  as  if  said  appointments  were  a  re-entry  into  N»vy  longevity 
the  Navy.  paMar.  3,  isss,  cb. 

97,  par.  5  (1  Supp. 
E.  S.,  401)  ;  151  U. 
S.,362;  152  U.S., 
384. 
See  note  2. 

SEC.  1245.  When  any  officer  has  become  incapable  of   I^figS^: 
performing  the  duties  of  his  office,  he  shall  be  either  retired  ie,  v.  12,  p.  289.' 
from  active  service,  or  wholly  retired  from  the  service,  by 
the  President,  as  hereinafter  provided. 

SEC.  1247.  The  members  of  said  board  shall  be  sworn    Board     and 

,  .  ,  ,      .        ,       .          ,  ,  powers  and   du- 

m    every  case   to  discharge    their  duties  honestly  and  ties  of. 
impartially. 

SEC.  1248.  A  retiring  board  may  inquire  into  and  deter- 
mine the  facts  touching  the  nature  and  occasion  of  the 
disability  of  any  officer  who  appears  to  be  incapable  of  per- 
forming the  duties  of  his  office,  and  shall  have  such  powers 
of  a  court  martial  and  of  a  court  of  inquiry  as  may  be 
necessary  for  that  purpose. 

SEC.  1249.  When  the  board  finds  an  officer  incapacitated 
for  active  service,  it  shall  also  find  and  report  the  cause 
which,  in  its  judgment,  has  produced  his  incapacity,  and 
whether  such  cause  is  an  incident  of  service. 

SEC.  1250.  The  proceedings  and  decision  of  the  board 
shall  be  transmitted  to  the  Secretary  of  War,  and  shall  be 
laid  by  him  before  the  President  for  his  approval  or  disap- 
proval and  orders  in  the  case. 

SEC.  1251.  When  a  retiring  board  finds  that  an  officer  is 
incapacitated  for  active  service,  and  that  his  incapacity 
is  the  result  of  an  incident  of  service,  and  such  decision  is 
approved  by  the  President,  said  officer  shall  be  retired  from 
active  service  and  placed  on  the  list  of  retired  officers. 


Note  2.— See  Titles  "Line  officers,"  "Engineer  Corps,"   "Medical  Corps,"  and 
1  Pay  Corps." 


148   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

SEC.  1252.  When  the  board  finds  that  an  officer  is  inca- 
pacitated for  active  service,  and  that  his  incapacity  is  not 
the  result  of  any  incident  of  service,  and  its  decision  is 
approved  by  the  President,  the  officer  shall  be  retired  from 
active  service,  or  wholly  retired  from  the  service,  as  the 
President  may  determine.  The  names  of  officers  wholly 
retired  from  the  service  shall  be  omitted  from  the  Army 
Kegister. 

t°?hearinntitled     ^EC*  1253.  Except  in  cases  where  an  officer  may  be  re- 

t()Aug.a3mil6i,  s.  tried  by  the  President  upon  his  own  application,  or  by 

17,  v.  12,  p.  290.     reason  of  his  having  served  forty-five  years,  or  of  his  being 

sixty-  two  years  old,  no  officer  shall  be  retired  from  active 

service,  nor  shall  an  officer,  in  any  case,  be  wholly  retired 

from  the  service,  without  a  full  and  fair  hearing  before  an 

Army  retiring  board,  if,  upon  due  summons,  he  demands  it. 

j^fnekio  1872,  v.  SEC.  1254.  Officers  hereafter  retired  from  active  service 
17,  p.  378;'  Mar.  3,  shall  be  retired  upon  the  actual  rank  held  by  them  at  the 
^J&Sti**.  date  of  retirement. 

AutU3  1861  s  ^EC*  ^55.  Officers  retired  from  active  service  shall  be 
16,  v.ffi2,'  p.  289  j  withdrawn  from  command  and  from  the  line  of  promotion. 

July  17,  1862,  s. 
12,  v.  12,  p.  596. 

biiffi?8  and  lia"     SEC<  1256<  Officers  retired  from  active  service  shall  be 

Aug.  8,  1861,  s.  entitled  to  wear  the  uniform  of  the  rank  on  which  they 

is,  v.  12,  p.  290.     mav  ke  retired.     They  shall  continue  to  be  borne  on  the 

Army  Eegister,  and  shall  be  subject  to  the  rules  and  articles 

of  war,  and  to  trial  by  general  court-martial  for  any  breach 

thereof. 

y,^™1?!-          SEC.  1257.  When  any  officer  in  the  line  of  promotion  is 

Ibid.,  8.  16.  ,.-!/.  ,  .  •  /v>  •  1          -i        n    i 

retired  from  active  service,  the  next  officer  in  rank  shall  be 
promoted  to  his  place,  according  to  the  established  rules  of 
the  service;  and  the  same  rule  of  promotion  shall  be  ap- 
plied ,  successively,  to  the  vacancies  consequent  upon  such 
retirement. 

utie  14,  chap.  s.  gEC<  1274.  Officers  retired  from  active  service  shall  re- 
Pav.  ceive  seventy-five  per  centum  of  the  pay  of  the  rank  upon 

2/  "  i65'p873°2o8:  which  they  are  retired. 

Mar.3,1875,'v.l8', 
p.  512. 

See  Mar.3,  1875. 

See  note  3. 


uis      SEC.  1275.  Officers  wholly  retired  from  the  service  shall 
17,  v.  12,  p.  290.'    be  entitled  to  receive,  upon  their  retirement,  one  year's  pay 
and  allowances  of  the  highest  rank  held  by  them,  whether 
by  staff  or  regimental  commission,  at  the  time  of  their 
retirement. 

Mar,  s,  1875.       That  all  officers  of  the  Army  who  have  been  heretofore 

Rank  and  pay  retired  by  reason  of  disability  arising  from  wounds  received 

couditione8!ta[niii  action  shall  be  considered  as  retired  upon  the  actual 

rank  held  by  them,  whether  in  the  regular  or  volunteer 

service,  at  the  time  when  such  wound  was  received,  and 

shall  be  borne  on  the  retired  list  and  receive  pay  hereafter 

Note  3.—  An  officer  of  the  Army  who  is  "retired  from  active  service"  is  still  in  the 
military  service  of  the  United  States,  and,  in  addition  to  the  percentage  of  pay  of  the 
rank  on  which  he  was  retired,  is  entitled  to  the  10  per  cent  allowed  by  R.  S.  1262, 
1263  for  each  term  of  live  years'  service.  (Otto,  105,  244,  Tyler  v.  U.  S.  ;  C.  C.,  XVI,  223.) 


PAY,  RATIONS,  AND    MILEAGE    OF    MARINE    CORPS.  149 

accordingly;  and  this  section  shall  be  taken  and  construed 
to  include  those  now  borne  on  the  retired  list  placed  upon 
it  on  account  of  wounds  received  in  action:  Provided,  That 
no  part  of  the  foregoing  act  shall  apply  to  those  officers 
who  had  been  in  service  as  commissioned  officers  twenty-  S3s™g  Sd  4o?V' 
five  years  at  the  date  of  their  retirement;  nor  to  those  kar.asu895,'8. 
retired  officers  who  had  lost  an  arm  or  leg,  or  has  an  arm  2)  seJ>8iu>te  42' 
or  leg  permanently  disabled  by  reason  of  resection,  on 
account  of  wounds,  or  both  eyes  by  reason  of  wounds 
received  in  battle ;  and  every  such  officer  now  borne  on  the 
retired  list  shall  be  continued  thereon  not  withstanding  the 
provisions  of  section  two  [one],  chapter  thirty-eight,  act  of 
March  thirty,  eighteen  hundred  and  sixty-eight  [§  1223] : 
And  be  it  also  provided,  That  no  retired  officer  shall  be 
affected  by  this  act,  who  has  been  retired  or  may  hereafter 
be  retired  on  the  rank  held  by  hiui  at  the  time  of  his  retire- 
ment; and  that  all  acts  or  parts  of  acts  inconsistent  here- 
with be,  and  are  hereby,  repealed. 


PAY,  RATIONS,  AND  MILEAGE  OF  THE  MARINE  CORPS. 


Sec. 

1612.  Pay  of  officers  and  enlisted  mon. 

1613.  Pay  of  the  band. 


Sec. 

1615.  Rations. 

Pay  table. 


SEC.  1612.  The  officers  of  the  Marine  Corps  shall  be  enti-  Title  is,  chap.  9. 
tied  to  receive  the  same  pay  and  allowances,  and  the    Pay  of  Marine 

_____ Corps. 

Note  4. — Under  section  1253  an  officer  is  entitled  to  appear  before  the  board  (with 
counsel,  if  desired),  and  to  introduce  testimony  of  his  own,  and  cross-examine  the 
witnesses  examined  by  the  board,  including  the  medical  members  of  the  board  who 
may  have  taken  part  in  the  medical  examination  and  have  stated  or  reported  to  the 
board  the  result  of  the  same.  If  the  officer  does  not  elect  to  appear  before  the  board 
when  summoned,  he  waives  the  right  to  a  hearing,  and  can  not  properly  take  exception 
to  a  conclusion  arrived  at  in  his  absence.  (Winthrop's  Digest,  p.  432.) 

A  retired  officer  in  the  Army  may  draw  his  pay  as  sucn,  and  may  also  draw  the 
salary  of  a  civil  office  which  he  may  hold  under  the  Government  (not  diplomatic  or 
consular),  assuming  always  that  the  duties  of  the  civil  office  are  performed  under 
and  by  virtue  of  a  commission  appointhighim  to  that  office  which  he  holds  in  addi- 
tion to  his  rank  as  a  retired  officer.  (Op.,  XV,  p.  306,  June  11, 1877,  Devens.  See  Op., 
XV,  p.  407,  Dec.  11, 1877,  on  the  subject  of  retired  officers  accepting  positions  in  the 
diplomatic  or  consular  service.) 
the  service  only  by  a  new  appointment.  He  can  not  be  reappointed  to  the  retired 

An  officer,  on  being  wholly  retired,  becomes  a  civilian,  and  can  be  readmitted  to 
list,  but  must  first  be  appointed  on  the  active  list  to  a  certain  rank.  None  but  a  com- 
missioned officer  on  the  active  list  of  the  Army  can  be  placed  on  the  retired  list.  A 
civilian  can  not.  (Winthrop's  Digest,  p.  433;  Op.,  XIV,  506.) 

The  finding  of  a  retiring  board  under  sec.  1521  is  in  the  nature  of  a  recommenda- 
tion, and  until  it  is  "  approved  by  the  President"  no  retirement  can  be  orderert 
thereupon.  (Winthrop,  431.)  It  does  not  affect  the  authority  to  retire,  that  the 
incapacity  of  the  officer  may  have  resulted  from  a  wound  received  by  him  while  in 
the  volunteer  service  before  entering  the  Regular  Army.  (Idem.) 

Under  section  1252  an  officer  may,  in  the  discretion  of  the  President,  legally  be 
retired  by  reason  of  incapacity  resulting  from  habitual  drunkenness.  (Winthrop's 
Digest,  p.  432.) 

Under  section  1275  an  officer  wholly  retired  is  entitled  to  receive  a  sum  equal  to  the 
total  of  one  year's  pay  and  all  the  pecuniary  allowances  of  an  officer  of  his  rank. 
The  fact  of  being  under  a  sentence  of  suspension  from  rank  and  pay  does  not  affect 
his  right  to  receive  such  full  sum  upon  the  retirement.  (Winthrop's  Digest,  432.) 

Held,  that  a  retired  officer  of  the  Army,  though  not  actively  employed,  was  an 
"officer  in  the  employment  of  the  Government,"  in  the  sense  of  this  statute.  Sec. 
1782,  receiving  compensation  for  services  in  matters  in  which  the  Government  is 
interested.  (Wiuthrop's  Digest,  p.  434.) 

Held,  that  retired  officers  of  the  Army,  though  relieved  in  general  from  active 
military  service,  were  nevertheless,  as  a  part  of  the  Army,  properly  exempt  from  the 
public  obligations  peculiar  to  civilians,  and  were,  therefore,  no  more  liable  than 
officers  on  the  active  list  to  be  required  to  serve  on  juries.  The  question,  however, 
of  exemption  is  one  for  the  determination  of  the  courts.  Advised,  in  such  a  case, 
that  the  officer  appear  before  the  court,  in  compliance  with  the  summons,  and  there 
urge  to  the  judge  the  objection  arising  from  his  military  status  to  his  serving  on  a 
civil  jury.  (Winthrop's  Digest,  433.) 


150       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 
Jmie3o,i834  s.  enlisted  men  shall  be  entitled  to  receive  the  same  pay  and 

»>,     V.     4,    p.      /loj  ••  «  i  •     j_  •  i  •   T       i    i  • 

Aug.  s,  1854,  s.  i,  bounty  for  re-enlisting,  as  are  or  may  be  provided  by  or  in 
v'<Sst;h?i  <,/>*;  pursuance  of  law  for  the  officers  and  enlisted  men  of  like 

oeeiaDies,  post,  *  •       ,-•        •/»  /»  j-i 

and  note  i.         grades  in  the  infantry  of  the  Army. 

snpp.  R.  s.,voi.  That  all  officers  who  have  been  or  may  be  appointed  to 
2>  benefit  of  pre-  ^Y  corps  of  the  Navy  or  to  the  Marine  Corps  after  service 
s  service  in  a  different  corps  of  the  Navy  or  of  the  Marine  Corps  shall 
eap  have  all  the  benefits  of  their  previous  service  in  the  same 
2i'maiiner  as  ^  sa^  appointments  were  a  reentry  into  the 
ante, p.  20'  '  Navy  or  into  the  Marine  Corps. 

July  26, 1894.      *     *     *    That  the  pay  of  the  drum  major  shall  be  the 
Marine  Corps,  same  as  that  now  established,  or  that  may  be  hereafter 
mp.ay  of  drum-  established,  for  first  sergeants  in  the  Marine  Corps  of  the 
mR°s.,  sec.  1612.  same  length  of  service. 

Marine  igQd.^  SEC.  1613.  The  marines  who  compose  the  corps  of  musi- 
i,  vUgio,'  .  s'geicians  known  as  the  " Marine  band"  shall  be  entitled  to 
receive  at  the  rate  of  four  dollars  a  month,  each,  in  addi- 
tion to  their  pay  as  non-commissioned  officers,  musicians, 
or  privates  of  the  Marine  Corps,  so  long  as  they  shall  per- 
form, by  order  of  the  Secretary  of  the  Navy,  or  other 
superior  officer,  on  the  Capitol  grounds  or  the  President's 
grounds. 

of  en-  SEC.  1615.  The  non-commissioned  officers,  privates,  and 
18Tuiyi!ei797,  s. 6.  musicians  of  the  Marine  Corps  shall,  each,  be  entitled  to 
ii  nig  5s24v  Jiu5f  receive  one  Navy  ration  daily. 

p.  595.  ' 

2  SU5i7 R* S-> vol<     ^-n(^  nerea^er  officers  of  the  Marine  Corps  traveling  under 
'fiiieage  to  Ma  orders  without  troops  shall  be  allowed  the  same  mileage 
ci"r\CwTt8houtas  *s  now  all°we(l  officers  of  the  Navy  traveling  without 
troops.  troops.    *     * 

R.S.,§1566. 

June  30.  1876, 
ch.  159,  par.  1  (1 
Supp.  R.  S.,109). 

riS^ationiT*"*          an(^  no  ^aw  sna^  ^e  construed  to  entitle  enlisted 
'see note 2.       marines  on  shore  duty  to  any  rations  or  commutation 
therefor  other  than  such  as  .now  are  or  may  hereafter  be 
allowed  to  enlisted  men  in  the  Army.    *     * 

No'law  shall  be  construed  to  entitle  enlisted  marines  on 
shore  duty  to  any  rations  or  commutation  therefor  other 
..  than  such   as  now  are  or  may  hereafter  be  allowed  to 

1882,'  July  IB,  enlisted  men  in  the  Army. 

ch.  195,    par.    2, 
p.  37. 
See  note  3. 

Rations  to  ma-     Note  1. — An  officer  in  the  Marine  Corps,  attached  to  a  sea-going  vessel,  is  not 

rine  officers.          entitled  to  the  ration  allowed  by  R.  S.,  sec.  1578,  to  a  naval  officer  so  attached ;  ho  is, 

C.  O.,  v.  18,  p.  by  R.  S.,  sec.  1612,  subjected  to  the  provisions  of  R.  S.,  sec.  1269.     The  various  stat- 

625.  Reid's  Case,  utes  prior  to  the  Revised  Statutes  regulating  allowances  of  rations  to  officers  of  the 

Army,  Navy,  and  Marine  Corps  are  considered  and  examined  in  this  opinion. 

Note  2.— The  same  provision  occurs  in  previous  appropriation  acts.  See  1893, 
March  3,  ch.  212,  and  1894,  July  26,  ch.  165. 

NoteS.— See  1893,  March  3,  ch.  212,  par.  7,  p.  131,  for  previous  acts  containing  this 
provision.  March  3, 1893,  rations  to  enlisted  men  in  the  Army  are  fixed  by  R.  S., 
sec.  1293,  and  1892,  July  16,  ch.  195,  par.  2,  p.  37. 


PAY    OP   OFFICERS MARINE   CORPS.  151 

Pay  table  of  officers  as  per  sections  following. 


Grades. 

Pay  per  an- 
num. 

Colonel  commandant 

*O    K(V) 

Colonel  

3  500 

3  000 

Major  (staff  and  line) 

2  500 

Captain  and  assistant  quartermaster 

2  000 

Captain              

1,800 

1  500 

Second  lieutenant  

1,400 

See  note  1 . 


Statutes  relating  to  the  Army  which  apply  to  the  Marine  Corps. 


PAY   OF   OFFICERS. 


Sec. 

1261.  Rates  of  pay. 

12G2.  - 


1263.  Not  to  exceed  forty  per  centum  011 
yearly  pay. 


Sec. 

1265.  Pay  during  absence. 

1267.  Maximum  of  colonel's  and  lieuten- 


1268.  To  be  paid  monthly. 


Longevity  pay  and  retirement.  1269.  Allowances. 

1264.  Brevets.  I  Pay  table. 

SEC.  1261.  The  officers  of  the  Army  shall  be  entitled  to  Title  14,  chap.  3. 
the  pay  herein  stated  after  their  respective  designations: 

*#**### 
Colonel,  three  thousand  five  hundred  dollars   a  year.    Rates  of  paj. 
Lieutenant-colonel,  three  thousand  dollars  a  year.  S5»?viW7,'». 

Major,  two  thousand  five  hundred  dollars  a  year.  Ju^  i|-  STOPS' 

*  *  *  *  *  *  *  24,  v.  16,  p.  820*; 

Captain,  mounted,  two  thousand  dollars  a  year.  lofp.^' 18 

Captain,  not  mounted,  eighteen  hundred  dollars  a  year. 

First  lieutenant,  mounted,  sixteen  hundred  dollars  a  year. 

First  lieutenant,  not  mounted,  fifteen  hundred  dollars  a 
year. 

Second  lieutenant,  mounted,  fifteen  hundred  dollars  a 
year. 

Second  lieutenant,  not  mounted,  fourteen  hundred  dol- 
lars a  year. 

SEC.  1262.  There  shall  be  allowed  and  paid  to  each  com-    service  pay. 
missioned  officer  below  the  rank  of  brigadier-general,  in^v.ielp.S'8' 
eluding  chaplains  and  others  having  assimilated  rank  or    l^ininl'  is 
pay,  ten  per  centum  of  their  current  yearly  pay  for  each  i878,eand  Juneso', 
term  of  five  years  of  service. 

SEC.  1263.  The  total  amount  of  such  increase  for  length    Mem. 
of  service  shall  in  no  .case  exceed  forty  per  centum  on  the  igT^ 
yearly  pay  of  the  grade  as  provided  by  law.  1882' 

Note  1.— All  officers  below  tbe  rank  of  brigadier-general  are  entitled  to  ten  per 
centum  in  addition  to  their  current  yearly  pay  as  given  above,  for  each  and  every 
period  of  five  years'  service:  Provided,  The  total  amount  of  such  increase  shall  not 
exceed  forty  per  centum  of  their  current  yearly  pay :  And  provided  further,  That  the 
pay  of  a  colonel  shall  not  exceed  $4,500  per  annum,  and  that  of  a  lie  itenant-colonel 
$4, 000  per  annum.  [Sec.  1267,  R.  S.]  Officerson  the  retired  listare  entitled  to  seventy- 
five  per  centum  of  pay  (salary  and  increase)  of  their  rank,  but  no  increase  accrues 
for  time  subsequent  to  date  of  retirement.  [Sec.  1254,  "Retirement."] 

Note  2.— Officers  are  not  "mounted,"  so  as  to  entitle  them  to  the  "pay,  emolu- 
ments, and  allowances  of  cavalrv  officers  of  the  same  grade,"  when  they  are  fur- 
nished by  the  Government  with  horses  and  equipments.  (C.  C.,  XVII,  132^.) 

Note  3.—  An  officer's  longevity  pay  is  to  be  computed,  not  from  the  time  of  his 
entering  West  Point,  but  from  the  time  when  ho  was  commissioned  second  lieu- 
tenant. (C.  C.,  XVI,  262.  Babbitt's  Case.) 


152   LA.WS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

June  is,  1878.     Qn  ail(j  after  the  passage  of  this  act,  all  officers  of  the 

Longevity  pay,  Army  of  the  United  States  who  have  served  as  officers  in 

^jiSe iTi878%. tue  volunteer  forces  during  the  war  of  the  rebellion,  or  as 

7,v.2o,p.i45.  '    enlisted  men  in  the  armies  of  the  United  States,  regular 

or  volunteer,  shall  be,  and  are  hereby,  credited  with  the 

full  time  they  may  have  served  as  such  officers  and  as  such 

enlisted  men  in  computing  their  service  for  longevity  pay 

and  retirement. 

June  so,  1882.      rpjje  ac£uai  time  of  service  in  the  Army  or  Navy,  or  both, 
uting  of  shall  ]JQ  allowed  all  officers  in  computing  their  pay:  Pro- 
Jof'ife,  vided,  That  from  and  after  the  first  day  of  July,  eighteen 
staT'L5Vn822nuu(^re(^  and  eighty-two,  the  ten  per  centum  increase  for 
sec.  1274,  re -length  of  service  allowed  to  certain  officers  by  section 
twelve  hundred  and  sixty-two  of  the  Eevised  Statutes  shall 
be  computed  on  the  yearly  pay  of  the  grade  fixed  by  sec- 
tions twelve  hundred  and  sixty-one  and  twelve  hundred 
and  seventy-four  of  the  Eevised  Statutes. 

Title  u,  chap.  8.     SEC.  1264.  Brevets  conferred  upon  commissioned  officers 
Brevets.         shall  not  entitle  them  to  any  increase  of  pay. 

Mar.  3,  1863.  v. 
12,  p.  758;  Mar. 
3, 1865,  s.  9,  v.  13, 
p.488. 

Pay  during  ab  SEC.  1265.  Officers  when  absent  on  account  of  sickness 
86Aug.  3, 1861,  s.  or  wounds,  or  lawfully  absent  from  duty  and  waiting  orders, 
Ma/s^seS  823°i:sna^  receive  faU  Pay;  when  absent  with  leave,  for  other 
v.  12',  p'.  736 ;'june  causes,  full  pay  during  such  absence  not  exceeding  in  the 
is!  1p.8i45J  "uiy  aggregate  thirty  days  in  one  year,  and  half-pay  during  such 
15!  i87o,  8/24,  v. absence  exceeding  thirty  days  in  one  year.  When  absent 
ml' v  ii,pay43; without  leave,  they  shall  forfeit  all  pay  during  such  ab- 
J9ul.y  ^  1876,  v!  sence,  unless  the  absence  is  excused  as  unavoidable. 

See  July,  29, 
1876. 

July  29, 1876.       All  officers  on  duty  shall  be  allowed,  in  the  discretion  of 

Pay  when  ab- the  Secretary  of  War,  sixty  days'  leave  of  absence  without 

8eMav  s,  1874,  v.  deduction  of  pay  or  allowance :  Provided,  That  the  same 

is,  p.  43 ;'  July  29,'  be  taken  once  in  two  years :  And  provided  further,  That  the 

18see  notep3  2°2'  leave  of  absence  may  be  extended  to  three  months,  if  taken 

once  only  in  three  years,  or  four  months  if  taken  only  once 

in  four  years. 

Title  u,  chap,  s.     SEC.  1267.  In  no  case  shall  the  pay  of  a  colonel  exceed 
Maximum  offour  thousand  five  hundred  dollars  a  year,  or  the  pay  of  a 
Ueutenant?coFod-  lieutenant-colonel  exceed  four  thousand  dollars  a  year. 

nel's  pay. 
J  uly  15, 1870,  s.  24,  T.  16,  p.  320.     See  note  4. 

Note  3.— This  act,  taken  in  connection  with  section  24  of  the  act  of  July  15,  1870, 
continued  to  Army  officers  on  leave  of  absence  (during  the  period  for  which  such 
leave  may  be  granted  them  thereunder  "without  deduction  of  pay  or  allowances") 
quarters  in  kind,  but  it  did  not  authorize  an  allowance  of  commutation  therefor. 
[See  next  note.J  (Op.,  XVI,  p.  619,  Jan.  16, 1879.  Phillips.) 

Where  an  officer,  to  whom  leave  of  absence  "without  deduction  of  pay  or  allow- 
ances" has  been  granted,  is  at  the  time  he  takes  his  leave  entitled  to  the  allowance 
of  commutation  for  quarters,  this  allowance  must  be  deemed  to  bo  continued  to  him, 
by  force  of  that  provision,  whilst  he  is  on  leave  of  absence,  though  for  a  period  not 
exceeding  that  for  which  the  leave  was  granted  thereunder.  (Op.,  XVI,  p.  577 ;  Nov. 
15,1880.  Sevens.) 

Where  a  military  officer  i.s  ordered  to  the  headquarters  of  a  department  to  await 
further  orders,  and  pursuant  to  the  order  remains  there  for  a  long  period  performing 
no  duty,  he  is  nevertheless  entitled  to  quarters  or  commutation  of  quarters.  (C.  C., 
XIV,  p.  148.  Lippitt  v.  U.  S.) 

Note  4.— A  lieutenant-colonel  retired  is  entitled  to  three-fourths  of  what  he  was 
entitled  to  receive  when  retired,  and  not  three-fourths  of  allowances  which  he  was 
debarred  from  receiving  under  this  section.  (C.  C.,  X,  p.  283.  Robert's  Case.) 


MILEAGE,  PAY,  ETC,  MARINE    CORPS. 


153 


SEC.  1268.  The  sums  hereinbefore  allowed  shall  be  paid    T°be  i)aid 

, ,  ,  TIT  monthly. 

in  monthly  payments  by  the  paymaster.  ibid. 

SEC.  1269.  No  allowances  shall  be  made  to  officers  in 
addition  to  their  pay  except  as  hereinafter  provided. 


Allowances. 
Ibid. 

See  mileage, 
quarters,  etc. 


Pay  table  of  non-commissioned  officers,  etc.,  as  per  sections  following. 


Grades. 

First  pe- 
riod of 
5  years' 
service. 

Second 
period  of 
5  years. 

Third 
period;of 
5  years. 

Fourth 
period  of 
5  years. 

Fifth 
period  of 

5  years. 

Per  mo. 

$93 

Per  mo. 

$27 

Per  mo. 

$28 

Per  mo. 

$29 

Per  mo. 
$30 

Quartermaster-sergeant 

23 

27 

28 

29 

30 

°2 

26 

27 

28 

29 

22 

26 

27 

28 

29 

17 

21 

22 

23 

24 

Corporal 

15 

19 

20 

21 

22 

13 

17 

18 

19 

20 

Privates                

13 

17 

18 

19 

20 

29 

81 

82 

83 

84 

38 

40 

41 

42 

43 

24 

26 

27 

28 

29 

21 

23 

24 

25 

26 

22     See  note  1. 


MILEAGE,  PAY,  ETC. 


Sec. 

1273.  Mileage. 

1280.  Pay  of  enlisted  men. 

1281.  Additional  pay. 

1282.  Reenlistment  pay. 

1283.  Service  pay  of  men  already  in  serv- 

ice. 

1284.  Reenlistment. 

1285.  Certificate  of  merit. 


Sec. 

1286.  Noncommissioned  officers  of  Mexi- 

can war. 

1287.  Extra  duty. 

1288.  During  captivity. 

1289.  Travel  pay  to  officers. 

1290.  Travel  pay  to  soldiers. 

1291.  Soldiers'  pay  not  assignable. 


e,  T 

isss 


SEC.  1273.  When  any  officer  travels  under  orders,  and  Title  14,  chap.  8. 
is  not  furnished  transportation  by  the  Quartermaster's  De-    Mileage. 
partment,  or  on  a  conveyance  belonging  to  or  chartered  by    July  15,  ISTO.  s. 
the  United  States,  or  on  any  railroad  on  which  troops  andjtiul'ie^s^v! 
supplies  are  entitled  to  be  transported  free  of  charge,  he  ^?\ 
shall  be  allowed  eight  cents  a  mile,  and  no  more,  for  each  juiy 
mile  actually  traveled  under  such  order,  distances  to  be 
calculated  by  the  shortest  usually  traveled  route;  and  no 
payment  shall  be  made  to  any  officer  except  by  a  paymas- 
ter of  the  Army. 

Note  1.  —  All  enlisted  men,  except  musicians  of  the  band,  serving  on  a  first  period 
of  five  years'  service,  are  entitled  to  one  dollar  per  month  lor  the  third  year,  two 
dollars  per  month  for  the  fourth  year,  and  three  dollars  per  month  for  the  fifth  year's 
service,  in  addition  totlie  sums'  given  in  the  first  column  above,  which  additional 
amounts  are  retained  until  sxpiration  of  service  and  paid  only  upon  final  settlement 
and  honorable  discharge. 

One  dollar  per  month  is  retained  from  all  enlisted  men  (except  the  Marine  Band) 
serving  under  a  re-enlistment.  This  retained  pay  is  not  included  in  the  above  table, 
and  is  to  be  credited  and  paid  only  upon  final  settlement  and  honorable  discharge 
from  service. 


154   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Mar,  s,  1888.       From  and  after  the  passage  of  this  act  mileage  of  officers 

Computation  of  of  the  Army  shall  be  computed  over  the  shortest  usually 

mMa?Yi883  22  traveled  routes  between  the  points  named  in  the  order,  and 

stats.  L.,' P.  456.    the  necessity  for  such  travel  in  the  military  service  shall 

be  certified  to  by  the  officer  issuing  the  order  and  stated 

in  said  order. 

Pay  of  enlisted     gEC<  1280.  The  monthly  pay  of  the  following  enlisted  men 

May  15, 1872. s.  of  the  Army  shall,  during  their  first  term  of  enlistment,  be 

iCb  I727P'  i87?:  as  f°ll°ws?  with  the  contingent  additions  thereto,  hereinafter 

chap.  69,  v.  19,  p!  provided  I 

Sergeant-majors  of  *  *  *  infantry,  twenty-three 
dollars. 

Quartern! aster- sergeants,  *  *  *  infantry,  twenty- 
three  dollars. 

Principal  musicians  of  *  *  *  infantry,  twenty-two 
dollars. 

Sergeants  of    *     *     *     infantry,  seventeen  dollars. 

Corporals  of    *     *     *     infantry,  fifteen  dollars. 

Musicians,  drummers  and  fifers,  *  *  *  in  fan  try,  thir- 
teen dollars. 

Privates  of    *     *     *     infantry,  thirteen  dollars. 

^iayi5nia87P2?8:  SEC.  1281.  To  the  rates  of  pay  stated  in  the  preceding 
2,  v.  17,  p.' no. '  section  one  dollar  per  month  shall  be  added  for  the  third 
year  of  enlistment,  one  dollar  more  per  month  for  the  fourth 
year,  and  one  dollar  more  per  month  for  the  fifth  year, 
making  in  all  three  dollars'  increase  per  month  for  the  last 
year  of  the  first  enlistment  of  each  enlisted  man  named  in 
said  section.  But  this  increase  shall  be  considered  as 
retained  pay,  and  shall  not  be  paid  to  the  soldier  until  his 
discharge  from  the  service,  and  shall  be  forfeited  unless  he 
serves  honestly  and  faithfully  to  the  date  of  discharge. 

Payeenli8tment     SEC-  l282-  A11  enliste(1  men  mentioned  in  section  twelve 

Aug.  4, 1854,  s.  hundred  and  eighty,  who,  havingbeen  honorably  discharged, 

May'iM872. 873,;  »ave  re-enlisted  or  shall  re  enlist  within  one  month  there- 

v.jl  p.  lie;  kar!  after,  shall,  after  five  years'  service,  including  their  first 

p.419.1 8' 10' v'    'enlistment,  be  paid  at  the  rate  allowed  in  said  section  to 

those  serving  in  the  fifth  year  of  their  first  enlistment: 

Provided,  That  one  dollar  per  month  shall  be  retained  from 

the  pay  of  the  re-enlisted  men,  of  whatever  grade,  named 

in  section  twelve  hundred  and  eighty-one  during  the  whole 

period  of  their  re-enlistment,  to  be  paid  to  the  soldier  on  his 

discharge,  but  to  be  forfeited  unless  he  shall  have  served 

honestly  and  faithfully  to  the  date  of  discharge. 

Note  l.—If  an  officer  on  leave  of  absence  be  ordered  to  temporary  duty  at  a  place 
where  be  happens  to  be,  so  that  the  order  involves  no  traveli n g  to  tin-  place  <>('  tem- 
porary  duty,  and  he  bo  kept  there  until  after  his  leave  of  absence  expires  and  thru 
ordered  t«  his  proper  station,  he  is  not  entitled  to  mileage  under  General  Orders  97 
of  1876.  (C.  C.,  XIV,  272,  Barr  v.  U.  S.) 

Where  an  officer  has  received  but  not  yet  accepted  leave  of  absence  from  the  War 
Department,  is  ordered  by  his  commanding  officer  to  convey  prisoners  to  another 
post,  his  leave  of  absence 'is  to  that  extent  suspended,  and  lie  is  entitled  In  mileage 
from  his  post  to  the  place  of  performance  and  back.  (().(;.,  XV,  264,  Andrew  w.  U.S.) 

An  officer's  "station"  means  his  permanent  station,  the  place  of  performance  of 
hia  military  duties,  and  not  a  place  to  which  he  was  temporarily  ordered  for  a  special 
duty  and  at  which  he  accepted  his  leave  of  absence.  An  officer's  station  can  not.  be 
changed  by  his  being  ordered  to  perform  a  temporary  duty  while  on  leave  of  absence. 
(Idem.) 


PAY    OF    ENLISTED    MEN,  MARINE    CORPS,  ETC.  155 


SEC.  1283.  Enlisted  men,  now  in  the  service,  shall  receive 
the  rates  of  pay  established  in  this  chapter  according  to  service. 
the  length  of  their  service.  i8,^78?V!  iis™6 

May  15,  1872,  s. 
4,  v.  17,  p.  117. 
See  note  2. 

SEC.  1284.  Every  soldier  who,  having  been  honorably    5uenl4isi854nt8 
discharged,  re-enlists  within  one  month  thereafter,  shall  be  2,  v"^'  p.  575! 
further  entitled,  after  five  years'  service,  including  his  firstly  15.^872,8.4, 
enlistment,  to  receive,  for  the  period  of  five  years  next 
thereafter,  two  dollars  per  month  in  addition  to  the  ordi- 
nary pay  of  his  grade;  and  for  each  successive  period  of 
five  years  of  service,  so  long  as  he  shall  remain  continu- 
ously in  the  Army,  a  further  sum  of  one  dollar  per  month. 
The  past  continuous  service,  of  soldiers  now  in  the  Army, 
shall  be  taken  into  account,  and  shall  entitle  such  soldier 
to  additional  pay  according  to  this  rule;  but  services  ren- 
dered prior  to  August  fourth,  eighteen  hundred  and  fifty- 
four,  shall  in  no  case  be  accounted  as  more  than  one  enlist- 
ment. 

SEC.  1285.  A  certificate  of  merit  granted  to  a  private  J^fificate  of 
soldier  by  the  President  for  distinguished  services  shall    Mar.  3,  1847,  s. 
entitle  him  to  additional  pay,  at  the  rate  of  two  dollars  per  JJiJ'^iJ^  g8^; 
month,  while  he  remains  continuously  in  the  service;  and  v.io,V.575.  ' 
such  certificate  of  merit  granted  to  a  private  soldier  who 
served  in  the  war  with  Mexico  shall  entitle  him  to  such 
additional  pay,  although  he  may  not  have  remained  con- 
tinuously in  the  service. 

SEC.  1286.  Non-commissioned  officers  who  served  in  the^^^™^ 
war  with  Mexico,  and  have  been  recommended  by  the  com-  Mexican  war. 
manding  officers  of  their  regiments  for  promotion  by  brevet 
to  the  lowest  grade  of  commissioned  officer,  but  have  not 
received  such  recommended  promotion,  shall  be  entitled  to 
additional  pay  at  the  rate  of  two  dollars  per  month, 
although  they  may  not  have  remained  continuously  in  the 
service. 

SEC.  1287.  When  soldiers  are  detailed  for  employment    J-Jf1^]^  8 
as  artificers  or  laborers  in  the  construction  of  permanent?,  v.yw,  '  p.  93,' 
military  works,  public  roads,  or  other  constant  labor  of  not  p^-l-^e'ops7' 
less  than  ten  days'  duration,  they  shall  receive,  in  addition  ii,  7oe;  in,  nof; 
to  their  regular  pay,  the  following  compensation:  Privates  JJ;  325;  and  x> 
working  as  artificers,  and  non-commissioned  officers  em- 
ployed as  overseers  of  such  work,  not  exceeding  one  over- 
seer for  twenty  men,  thirty-five  cents  per  day,  and  pri- 
vates employed  as  laborers,  twenty  cents  per  day.    This 
allowance  of  extra  pay  shall  not  apply  to  the  troops  of  the 
Ordnance  Department. 

SEC.  1288.  Every  non-commissioned  officer  and  private  .Curing  captiv- 
of  the  Regular  Army,  and  every  officer,  non-commissioned1  yu&r.  so,  isu,  ». 
officer,  and  private  of  any  militia  or  volunteer  corps  in  the  14 

Note  2.—  The  tenth  section  of  the  act  of  March  3,  1875  (ch.  131,  v.  18,  p.  402),  provides 
that  the  enlisted  musicians  of  the  band  shall  have  the  benefits  as  to  pay,  arising 
from  re-enlistments  .and  length  of  service,  applicable  to  other  enlisted  men  of  the  Army. 

Note  3.  —  This  section  does  not  extend  to  one  who  was  not  in  the  discharge  of  his 
duties  at  the  time  of  his  capture,  and  who  contributed  to  the  disaster  culpably. 
(0.  C.,  IV,  p.  209.  Phelps's  Case.) 

The  sentence  of  a  court-martial,  including  a  forfeiture  of  all  pay  due  at  the  time  of 
trial,  ortohecome  due  thereafter,  precludes  an  officer  from  aright  to  receive  pay  after 
trial  and  duringhis  captivity,  under  the  act  of  March  30,  1814  (sec.  1288,  Rev.  Stat.). 


156       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 


19,  p.  244. 


service  of  the  United  States  who  is  captured  by  the  enemy, 
shall  be  entitled  to  receive  during  his  captivity,  notwith- 
standing the  expiration  of  his  term  of  service,  the  same 
pay,  subsistence,  and  allowance  to  which  he  may  be  entitled 
while  in  the  actual  service  of  the  United  States ;  but  this 
provision  shall  not  be  construed  to  entitle  any  prisoner  of 
war  of  such  militia  corps  to  any  pay  or  compensation  after 
the  date  of  his  parole,  except  the  traveling  expenses  allowed 
by  law. 

pay  to     SEC.  1289.  When  an  officer  is  discharged  from  the  service, 
jan.8ii,  1812,8.  except  by  way  of  punishment  for  an  offense,  he  shall  be 
janV292'  wi*1  **  a^owe(l  transportation  and  subsistence  from  the  place  of 
15,  V.  2,  p.  796Jhis  discharge  to  the  place  of  his  residence  at  the  time  of 
8UV?  il]  p86i'45i  hi8  appointment,  or  to  the  place  of  his  original  muster  into 
Feb.  27,'  1877,  v!  the  service.     The  Government  may  furnish  the  same  in 
kind,  but  in  case  it  shall  not  do  so,  he  shall  be  allowed 
travel-pay  and  commutation  of  subsistence,  according  to 
his  rank,  for  such  time  as  may  be  sufficient  for  him  to  travel 
from  the  place  of  discharge  to  the  place  of  his  residence, 
or  original  muster  into  service,  computed  at  the  rate  of  one 
day  for  every  twenty  miles. 

SEC.  1290.  When  a  soldier  is  discharged  from  the  service, 
except  by  way  of  punishment  for  an  offense,  he  shall  be 
allowed  transportation  and  subsistence  from  the  place  of 
his  discharge  to  the  place  of  his  enlistment,  enrollment,  or 
original  muster  into  the  service.  The  Government  may 
furnish  the  same  in  kind,  but  in  case  it  shall  not  do  so,  he 
shall  be  allowed  travel-pay  and  commutation  of  subsistence 
for  such  time  as  may  be  sufficient  for  him  to  travel  from  the 
place  of  discharge  to  the  place  of  his  enlistment,  enrollment, 
or  original  muster  into  the  service,  computed  at  the  rate  of 
one  day  for  every  twenty  miles, 
soldiers'  pay  gEC  1291.  No  assignment  of  pav  by  a  non-commissioned 

not  assignable.  .  °.  »  •      %•      i  -i-ni  T  i 

May  s,  1792,  s.  4,  officer  or  private,  previous  to  his  discharge,  shall  be  valid. 

v.  1,  p.  280. 
See  note  4. 


Travel  pay  to 
soldiers. 
Ibid. 


FORAGE,  FUEL,   QUARTERS. 


Sec. 

1269.  Allowances  limited. 

1270.  Fuel,  forage,  etc.,  in  kind. 

Commutation  for  forage  not  to  be 

paid. 

1271.  Forage,  allowance  in  kind. 

1272.  Forage,  to  whom  furnished. 

Allowance  of  forage  specified. 

Act  May  4, 1880.    Iso  discrimination 

east  of  the  Mississippi. 


Sec. 

Act  June  18,  1878.  FueJ,  allowance, 

etc. 

Quarters  for  officers. 

Commutation  for  quarters. 

Act  June  23,  1879.    No  allowance  of 

claims  for  servants'  quarters. 


Title  14,  chap  s.      gEC.  12C9.  No  allowances  shall  be  made  to  officers  in  addi- 
Aiiowancestion  to  their  pay  except  as  hereinafter  provided. 

limited. 
July  15,  1870,  s.  24,  v.  16,  p.  320. 

Note  4 — Held,  That  the  provision  in  section  1291  that  "no  assignment  of  pay  by  a 
noncommissioned  officer  or  private  previous  to  his  discharge  shall  be  valid  does 
not  preclude  a  soldier  so  situated  as  to  be  unable  to  receive  his  pay  in  person  from 
giving  an  order  to  another  person  to  receive  and  receipt  for  the  same  for  him,  and 
that  a  soldier  in  the  custody  of  the  civil  authorities  under  a  criminal  charge  might 
legally  be  paid  the  amount  of  pay  due  him  upon  an  order  given  by  him  for  tlie  same 
to  the  attorney  employed  to  defend  him ;  also,  that  the  pay  due  an  insane  officer  or 
soldier  might  legally  be  rendered  1<>  a  person  duly  appointed  as  his  guardian  under 
the  State  laws.  (Winthrop's  Digest,  369.) 


FORAGE,  FUEL,  QUARTERS,  MARINE  CORPS.        157 

SEC.  1270.  Fuel,  quarters,  and  forage  may  be  furnished  ^Jnei,  <F»*rtew, 
in  kind  to  officers  by  the   Quartermaster's   Department   JniyilTisTO,*. 
according  to  law  and  regulations.     Provided  however,  That  ?£%$$  ™s> 
when  forage  in  kind  cannot  be  furnished  by  the  proper  P.  m  ' 
departments,  then  and  in  all  such  cases,  officers  entitled  to  18fiJ7gct81 
forage  may  commute  the  same  according  to  existing  regu- 
lations :  Provided  further,  That  officers  of  the  Army  and  of 
volunteers  assigned  to  duty  which  requires  them  to  be 
mounted  shall,  during  the  time  they  are  employed  on  such 
duty,  receive  the  pay,  emoluments,  and  allowances  of  cav- 
alry officers  of  the  same  grade  respectively. 

Marine  Corps.    *     *     *     That  no  commutation  for  forage  Jan.  so,  1885. 

Shall  be  paid.  No  com  muta- 

tion of  fora  go,  in 
Marine  Corps. 
K.  S.,  sees.  1270, 
1272,  1612. 

SEC.  1272.  Forage  shall  be  allowed  to  officers  only  for    Forage,   to 
horses  authorized  by  law,  and  actually  kept  by  them  in  w  A™.  S 
service  when  on  duty  and  at  the  place  where  they  are  on 


duty.  v.l$,p.594.  ' 

See  June  18,  1878. 

And  forage  in  kind  may  be  furnished  to  the  officers  of  the  June  is,  1878. 
Army,  by  the  Quartermaster's  Department,  only  for  horses    Allowance   of 
owned  and  actually  kept  by  such  officers  in  the  performance  fo™fneel8  1878  B> 
of  their  official  military  duties  when  on  duty  with  troops  in  s.v.  20,  P.  150.  ' 
the  field  or  at  such  military  posts  west  of  the  Mississippi 
Kiver  [see  Post]  as  may  be  from  time  to  time  designated  by 
the  Secretary  of  War,  and  not  otherwise,  as  follows  : 

To  a  colonel,  two  horses. 

To  a  lieutenant-colonel,  two  horses. 

To  a  major,  two  horses. 

To  a  captain  (mounted),  two  horses. 

To  a  lieutenant  (mounted),  two  horses 

******* 

Provided,  That  there  shall  be  no  discrimination  in  the    May  4,  isso. 
issue  of  forage  against  officers  serving  east  of  the  Missis-    NO  discrimina- 
sippi  River,  provided  they  are  required  by  law  to  be  mounted,  ^Tssissippf  the 
and  actually  keep  and  own  their  animals.  Feb.24,i88i,v. 

21,  p.  346;  May  4, 
1880,  v.  21,  p.  111. 

Allowance  of  or  commutation  for  fuel  to  commissioned    June  is,  1878. 
officers  is  hereby  prohibited  ;  but  fuel  may  be  furnished  to    Fuel. 
the  officers  of  the  Army  by  the  Quartermaster's  Depart-  8  .1'^ 
ment,  for  the  actual  use  of  such  officers  only,  at  the  rate  of  '  See  note  i. 
three  dollars  per  cord  for  standard  oak  wood,  or  at  an 
equivalent  rate  for  other  kinds  of  fuel,  according  to  the 
regulations  now  in  existence.    *     *     * 

That  at  all  posts  and  stations  where  there  are  public  fl(§"8arter8forof 
quarters  belonging  to  the  United  States,  officers  may  be 
furnished  with  quarters  in  kind  in  such  public  quarters, 
and  not  elsewhere,  by  the  Quartermaster's  Department, 
assigning  to  the  officers  of  each  grade,  respectively,  such 

Note  I.—  The  provisions  of  section  8,  act  -Tune  18,  1878,  giving  to  Army  officers  the 
privilege  of  purchasing  fuel  at  the  rate  of  $3  per  cord  for  standard  oak  wood,  do  not 
extend  to  retired  officers.  A  cord  of  hard  wood  is  made,  under  the  regulations,  the 
standard  by  which  other  grades  of  fuel  are  tested.  This,  section  authorizes  the  sale 
only  of  the  quantity  of  other  fuel  for  $3,  which  is  made  the  equivalent  of  a  cord  of 
standard  wood.  (Op.,  XVI,  92,  Devens,  July  18,  1878.) 


158   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

number  of  rooms  as  is  now  allowed  to  such  grade  by  the 

Kate  of  com-  ruies  and  regulations  of  the  Army;  Provided,  Thatat  places 

^jmieis, 1878, s.  where  there  are  no  public  quarters,  commutation  therefor 

June  23'  i87915v!  may  ^e  P3^  ^  tne  ^ay  Department  to  the  officer  entitled 

21,  p.  si.'  to  the  same  at  a  rate  not  exceeding  twelve  dollars  per  room 

per  mouth.    *     *     * 

June  23, 1879.       That  no  allowance  shall  be  made  for  claims  for  quarters 
NO  allowance  for  servants  heretofore  or  hereafter.     *     *     * 

for    claims      Jor 

servants'  quarters.    June  23,  1879,  s.  1,  v.  21,  p.  30. 

Note  2. — A  military  post  or  station  where  there  are  public  quarters  for  officers,  but 
insufficient  for  the  accommodation  of  all  the  officers,  is,  in  regard  to  those  officers 
who  are  necessarily  excluded  from  the  public  quarters,  a  place  where  there  are  "no 
public  quarters,"  within  the  meaning  of  the  pro  visa  in  section  9,  act  of  June  18, 1878, 
and  the  officers  thus  excluded  may  be  allowed  commutation  for  quarters.  (Op.,  XVI, 
611,  Aug.  7,  1878.) 


ACCOUNTING  OFFICERS  AND  ACCOUNTS. 


159 


DIVISION  III. 

ACCOUNTS,  ACCOUNTING  AND  DISBURSING 
OFFICERS,  PUBLIC  MONEY  AND  PROPERTY, 
NAVY  DEPARTMENT  AND  BUREAUS,  CIVIL 
SERVICE,  ETC. 

ACCOUNTING  OFFICERS  AND  ACCOUNTS. 

(See  also  DISBURSING  OFFICERS  and  AGENTS.) 


Sec. 

277.  Duties  of  the  Fourth  Auditor. 

283.  Manner  of  keeping  accounts  of  De- 
partments of  War  and  the  Navy. 

297.  Auditors  may  administer  oaths. 
3673.  Warrants,   drawing   and   counter- 

3675.  "Warrants,  form  of  drawing  and  how 
charged. 


Sec. 

236.  Public  accounts  to  be  settled  in  the 

Department  of  the  Treasury. 

237.  Commencement  of  the  fiscal  year. 
250.  Settlement  of  accounts  within  fiscal 

year. 

260.  lleports  upon  appropriates  for 
the  Departments  of  War  and  the 
Navy. 

273.  Duties  of  the  Second  Comptroller. 

274.  Power  of  Second  Comptroller  as  to 

arrears  of  pay. 

SEC.  8.  The  balances  which  may  from  time  to  time  be    Julr  81*  1894« 
certified  by  the  Auditors  to  the  Division  of  Bookkeeping    Certified  bai- 
iiiid  Warrants,  or  to  the  Postmaster-General,  upon  the  ^ExecTtive  D^ 
settlements  of  public  accounts,  shall  be  final  and  conclu-  partments,  etc. 
sive  upon  the  Executive  Branch  of  the  Government, 

except  that  any  person  whose  accounts  may  have  been  —subject  to  re- 
settled, the  head  of  the  Executive  Department,  or  of  the  troii0enr.by  c 
board,  commission,  or  establishment  not  under  the  juris- 
diction of  an  Executive  Department,  to  which  the  account 
pertains,  or  the  Comptroller  of  the  Treasury,  may,  within 
a  year,  obtain  a  revision  of  the  said  account  by  the  Comp- 
troller of  the  Treasury,  whose  decision  upon  such  revision 
shall  be  final  and  conclusive  upon  the  Executive  Branch 
of  the  Government  : 

Provided,  That  the  Secretary  of  the  Treasury  may.  when  —  or  reexamiua- 

,..,?  .,  i         /.   ,  i  J          J  9          f       tiou  by  order  of 

in  his  judgment  the  interests  of  the  Government  require  secretary  of 
it,  suspend  payment  and  direct  the  re-  examination  of  anyTrea8urv- 
account. 

Upon  a  certificate  by  the  Comptroller  of  the  Treasury    Certificate  of 
of  any  differences  ascertained  by  him  upon  revision  the  JiSS^hoV^er- 
Auditor  who  shall  have  audited  the  account  shall  state  an  tified.' 
account  of  such  differences,  and  certify  it  to  the  Division 
of  Bookkeeping  and  Warrants,    *     *     * 

Any  person  accepting  payment  under  a  settlement  by    Accepting  pay- 
an  Auditor  shall  be  thereby  precluded  from  obtaining  a  tor^ttiement,' 
revision  of  such  settlement  as  to  any  items  upon  which  conclusive. 
payment  is  accepted  ; 

but  nothing  in  this  Act  shall  prevent  an  Auditor  from    Suspensions 
suspending  items  in  an  account  in  order  to  obtain  further  pe 
evidence  or  explanations  necessary  to  their  settlement. 

When  suspended  items  are  finally  settled  a  revision  may  -action    upon 
be  had  as  in  the  case  of  the  original  settlement. 

Action  upon  any  account  or  business  shall  not  be  delayed 
awaiting  applications  for  revision  : 

Provided,  That  the  Secretary  of  the  Treasury  shall  make 
regulations  fixing  the  time  which  shall  expire  before  a  war-  fixed.' 
rant  is  issued  in  payment  of  an  account  certified  as  provided 
in  sections  seven  and  eight  of  this  Act. 


160       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

Auditors  to     The  Auditors  shall,  under  the  direction  of  the  Comptroller 

preserve    ac-     „  , ,       m  ...      ,,      . 

counts.  of  the  Treasury,  preserve,  with  their  vouchers  and  certifi- 

cates, all  accounts  which  have  been  finally  adjusted, 
whatdecisions     All  decisions  by  Auditors  making  an  original  construe- 
?e^ odr t°erd *°to  tion  or  modifying  an  existing  construction  of  statutes  shall 
comptroller.      be  forthwith  reported  to  the  Comptroller  of  the  Treasury, 
and  items  in  any  account  affected  by  such  decisions  shall 
be  suspended  and  payment  thereof  withheld  until  the 
Comptroller  of  the  Treasury  shall  approve,  disapprove,  or 
modify  such  decisions  and  certify  his  actions  to  the  Auditor, 
-of  comptroller     All  decisions  made  by  the  Comptroller  of  the  Treasury 
to  Auditormitte(1  ™<ler  this  Act  shall  be  forthwith  transmitted  to  the  Auditor 

or  Auditors  whose  duties  are  affected  thereby. 

^cers  ji^ay  Disbursing  officers,  or  the  head  of  any  Executive  De- 
troiio°r%or0decV-partment,  or  other  establishment  not  under  any  of  the 
sion.  Executive  Departments,  may  apply  for  and  the  Comp- 

troller of  the  Treasury  shall  render  his  decision  upon  any 
question  involving  a  payment  to  be  made  by  them  or  under 
them, 

toWoverandered'     w°icn  decision,  when  rendered,  shall  govern  the  Auditor 
and  the  Comptroller  of  the  Treasury  in  passing  upon  the 
account  containing  said  disbursement. 
•JSSSfST?'8*1     Sections  one  hundred  and  ninety-one  arid  two  hundred 

see  note  i.'      and  seventy  of  the  Eevised  Statutes  are  repealed. 
AuSs™etcr;     SEC.  9.  This  Act,  so  far  as  it  relates  to  the  First  Comp- 
not  new  officers.'  troller  of  the  Treasury  and  the  several  Auditors  and  Deputy 
Auditors  of  the  Treasury,  shall  be  held  and  construed  to 
operate  merely  as  changing  their  designations  and  as  add- 
ing to  and  modifying  their  duties  and  powers,  and  not  as 
treating  new  officers. 

"  A1J  laws  nofc  ilicolisistent  wita  this  Act,  relating  to  the 
Auditors  of  the  Treasury  in  connection  with  any  matter, 
shall  be  understood  in  each  case  to  relate  to  the  Auditor 
to  whom  this  Act  assigns  the  business  of  the  Executive 
Department  or  other  establishments  concerned  in  that 
matter. 

-Division  of  SEC.  10.  The  Division  of  Warrants,  Estimates,  and  Ap- 
propriations  in  the  office  of  the  Secretary  of  the  Treasury 
js  hereby  recognized  and  established  as  the  Division  of 
Bookkeeping  and  Warrants.  It  shall  be  under  the  direc- 
tion of  the  Secretary  of  the  Treasury  as  heretofore, 
-to  k  e  e P  a  c  -  Upon  the  books  of  this  division  shall  be  kept  all  accounts 

counts  of  receipts     „  .     .  ,  ,.,  ,,        ,  ,.  ... 

and  expend!-  of  receipts  and  expenditures  of  public  money  except  those 

relating  to  the  postal  revenues  and  expenditures  therefrom; 

se?63i3 •  °RR< I '     an(^  secti°n  three  hundred  and  thirteen  and  so  much  of 

sees.  283,'  3675.  ''  sections  two  hundred  and  eighty-three  and  thirty-six  hun- 

see  note  2.       dred  aiui  seventy-five  of  the  Revised  Statutes  as  require 

those  accounts  to  be  kept  by  certain  Auditors  and  the 

Register  of  the  Treasury  are  repealed. 
ister tie8  °f  3eg"     The  duties  of  *ne  Register  of  the  Treasury  shall  be  such 

afc  are  now  required  of  him  in  connection  with  the  public 

Note  1.— (13)  R.  S.,  sec.  191,  hereby  repealed,  is  superseded  by  sec.  8,  above,  on  the 
same  subject.  R.  S.,  sec.  270,  allowing  an  appeal  to  the  Comptroller  in  postal  accounts, 
is  also  superseded  by  the  same  section. 

Note  %.— R.  S.,  sec.  313,  hereby  repealed,  prescribes  the  duties  of  the  Register.  The 
subsequent  sentence  appears  to  reenact  paragraph  "First"  of  that  section. 


ACCOUNTING  OFFICERS  AND  ACCOUNTS.         161 

debt  and  such  further  duties  as  may  be  prescribed  by  the 
Secretary  of  the  Treasury. 

SEC.  11.  Every  requisition  for  an  advance  of  money,  adR«^itionfor 
before  being  acted  on  by  the  Secretary  of  the  Treasury,  MR?§!f88ecs.  see, 
shall  be  sent  to  the  proper  Auditor  for  action  thereon 
required  by  section  twelve  of  this  Act. 

All  warrants,  when  authorized  by  law  and  signed  by  the  _ 
Secretary  of  the  Treasury,  shall  be  countersigned  by  the  Signed6 
Comptroller  of  the  Treasury, 

and  all  warrants  for  the  payment  of  money  shall  be  —  to  be  accompa- 
accoiupanied  either  by  the  Auditor's  certificate,  mentioned  me  '  ° 
in  section  seven  of  this  Act,  or  by  the  requisition  for  advance 
of  money, 

which  certificate  or  requisition  shall  specify  the  particu-  ho^p8tratediatiOB' 
lar  appropriation  to  which  the  same  should  be  charged,    E.S.,  sec.  3675. 
instead  of  being  specified  on  the  warrant,  as  now  provided 
by  section  thirty-six  hundred  and  seventy-five  of  the  Ke- 
vised  Statutes ; 

and  shall  also  go  with  the  warrant  to  the  Treasurer,  who  rec®[gj^te  a°r 
shall  return  the  certificate  or  requisition  to  the  proper S?n. 
Auditor,  with  the  date  and  amount  of  the  draft  issued 
indorsed  thereon. 

Eequisitions  for  the  payment  of  money  on  all  audited    Requisitions, 

/»  •  •     A       j_i         m  in  wnen      not      re- 

accounts,  or  for  covering  money  into  the  Treasury,  shall  quired, 
not  hereafter  be  required. 

And  requisitions  for  advances  of  money  shall  not  be  44f-3|j?38ec8- 366> 
countersigned  by  the  Comptroller  of  the  Treasury. 

SEC.  21.  All  accounts  stated  by  the  Auditors  before  the  July  si,  iso*. 
first  day  of  October,  eighteen  hundred  and  ninety-four,  and    Revision  of  ac- 
then  pending  for  settlement  in  the  offices  of  the  First  or 
Second  Comptroller,  or  the  Commissioner  of  Customs,  shall 
be  revised  by  the  Comptroller  of  the  Treasury  in  the  man- 
ner provided  by  existing  law,  and  the  balances  arising 
thereon  shall  be  certified  to  the  Division  of  Bookkeeping 
and  Warrants. 

SEC.  22.  It  shall  be  the  duty  of  the  Secretary  of  the  T secretary  of 
Treasury  to  make  appropriate  rules  and  regulations  for  make  rule*/ 
carrying  out  the  provisions  of  this  Act,  and  for  transfer- 
ring or  preserving  books,  papers,  or  other  property  apper- 
taining to  any  office  or  branch  of  business  affected  by  it. 

It  shall  also  be  the  duty  of  the  heads  of  the  se 
Executive  Departments  and  of  the  proper  officers  of  other  etc. 
Government  establishments,  not  within  the  jurisdiction  of^6^8-  12-  14> 
any  Executive  Department,  to  make  appropriate  rules  and  a 
regulations  to  secure  a  proper  administrative  examination 
of  all  accounts  sent  to  them,  as  required  by  section  twelve 
of  this  Act,  before  their  transmission  to  the  Auditors,  and 

Note  3.— By  Department  circular,  No.  145,  of  September  29,  1894,  the  Secretary  of 
the  Treasury  made  the  following  order: 
To  the  heads  of  Bureaus  and  Offices,  Treasury  Department,  and  Chiefs  of  Divisiont,      Requisitions 

Secretary's  Office,  Treasury  Department:  for    advances; 

It  is  hereby  directed  that,  on  and  after  October  1  next,  all  requisitions  for  advances  how  made, 
to  disbursing  officers  shall  be  signed  by  the  head  of  the  proper  bureau  instead  of  by 
the  disbursing  officers  themselves;  and 

That  requisitions  upon  drafts  drawn  upon  the  Secretary  of  the  Treasury  by  con- 
sular officers  shall  originate  in  the  office  of  the  Auditor  for  the  State  and  other 
Departments  and  be  signed  by  him,  instead  of  by  the  Comptroller,  as  heretofore. 

376 11 


162       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

for  the  execution  of  other  requirements  of  this  Act  in  so 
far  as  the  same  relate  to  the  several  Departments  or  estab- 
lishments. 

claims  not  re-  SEC.  23.  Nothing  in  this  Act  shall  be  construed  to  au- 
thorize the  re-  examination  and  payment  of  any  claim  or 
account  which  has  heretofore  been  disallowed  or  settled. 

in^T  st^m^n  ^EC<  ^'  ^ne.  Prov^si°ns  °f  sections  three  to  twenty-three 
fo?ce^oct.°i™i894.  inclusive  of  this  Act  shall  be  in  force  on  and  after  the  first 
day  of  October,  eighteen  hundred  and  ninety-four. 

Repeal.  gEC>  25.  All  laws  or  parts  of  laws  inconsistent  with  this 

Act  are  repealed. 

utie  ?,  chap,  i.     gEc.  236.  *A11  claims  and  demands   whatever  by  the 

Public  ac-  United  States  or  against  them,  and  all  accounts  whatever 
belwu8u8ted^e  in  which  the  United  States  are  concerned,  either  as  debt- 
2  v^-T  836617'  8'  ors  or  as  creditors,  shall  be  settled  and  adjusted  in  the 

'see'  note  4.      Department  of  the  Treasury. 

Mar.  29,  1894.     That  instead  of  forwarding  to  the  accounting  officers  of  the 

28  stat.  L.,  47.  Treasury  Department  returns  of  public  property  entrusted 
174^5P.P'  R'  S"  p'  *°  ^ie  possession  of  officers  or  agents, 

Property  ac-     the  Quartermaster-General, 


to 


the  Commissary-General  of  Subsistence, 


Treasury  De-     the  Surgeon-  General, 

R  sTsec.  226.       the  Chief  of  Engineers, 
6  see  notes  5  and     the  Ohief  of  Ordnance, 


Note  4.  —  Settlements  made  of  the  accounts  of  individuals  by  the  accounting  offi- 
cers appointed  bylaw,  are  final  and  conclusive  so  far  as  the  Executive  Departments 
are  concerned.  Aggrieved  parties  can  apply  to  Congress.  (Op.,  I,  624;  II,  o02; 
V,  176.) 

Adjusted  accounts  should  not,  as  a  rule,  be  reopened  without  authority  of  law. 
(Op.,  II,  625,640;  III,  148,461,521;  IV,  378;  X,231;  XI,  129.) 

If  duly  settled,  adjusted,  and  closed  by  the  proper  officers,  upon  a  full  knowledge 
of  all  the  facts,  and  no  errors  in  calculation  have  been  made,  an  account  can  not  be 
reopened  without  express  authority  of  law.  (Op.,  XII,  386  ;  Browning,  Ap.  20,  1868  ; 
see  also  Op.,  IX,  505.) 

According  to  the  general  practice  of  the  Treasury,  accounts  are  never  closed  :  and 
in  neither  the  legal  nor  mercantile  sense  of  the  term  is  an  officer's  account  with  the 
Treasury  over  "finally  adjusted."  (C.  C.,  XIV,  114.) 

The  accounting  officers  in  settling  accounts  and  claims  have  a  right  to  adopt  the 
report  of  a  committee  in  Congress  as  establishing  the  principles  which  are  to  gov- 
ern them  in  the  examination  thereof.  A  bill  is  considered  part  of  a  report,  and  its 
passage  a  virtual  adoption  thereof.  The  report  is  in  the  light  of  a  preamble  to  the 
law.  (Op.,  I,  596.) 

There  is  a  difference  between  the  construction  placed  upon  an  act  by  individual 
members  in  debate  and  the  opinion  of  the  committee  having  the  matter  in  charge. 
Proper  to  look  into  the  report  of  the  committee  in  giving  construction  to  ambiguous 
language  in  an  act.  (Op.,  XIV,  624,  Williams,  Feb.  21,  1874.) 

Tne  rejection  of  a  claim,  in  whole  or  in  part,  by  the  accounting  officers  leaves  the 
party  free  to  pursue  his  remedy  at  law,  viz,  an  action  in  the  Court  of  Claims,  although 
he  may  have  accepted  the  portion  allowed.  (C.  C.,  XVII,  288.«) 

A  pure  matter  of  account  belongs  to  the  Department  ;  does  not  belong  to  the  Court 
of  Claims  until  it  is  within  the  range  of  judicial  cognizance.    Accounting  bureaus 
were  organized  to  settle  accounts  ;  the  Court  of  Claims  was  established  to  adjudicate 
claims.    Unless  a  case  becomes  such  as  to  "involve  disputed  facts  or  controverted 
questions  of  law,"  it  is  an  account;  when  it  does  it  is  a  claim.    (C.  C.,  V,  ,*»,  p.  293). 
Regulations  as      Note  5.  —  See  R.  S.,  sec.  225,  as  to  oath  of  commanding  officer  in  settlement  of  military 
to   property    ac-  property  accounts,  and  R.  S.,  sec.  284,  as  to  settlement  of  pursers'  accounts  for  prop- 
counts     in    War  «rty  lost  on  public  vessel. 

Department.  Note  6.—  On  October  6,  1894,  the  Auditor  for  the  War  Department  officially  stated 

that  no  regulations  under  this  act  "have  been  made  which  affect  this  office."  By  Gen- 
eral Orders,  No.  22,  Headquarters  of  the  Army,  July  6,  1894,  the  following  regulations 
are  promulgated  under  this  act: 

By  direction  of  the  Secretary  of  War,  and  in  conformity  with  the  above  act  (quoted 
in  the  order),  the  following  is  published  for  the  information  and  guidance  of  all  con- 
cerned : 

I.  All  returns  of  stores  or  supplies  will  bo  rendered  as  required  by  regulations  or 
orders,  and  will  be  forwarded  within  twenty  days  after  the  expiration  of  the  account- 
ing periods  to  the  chief  of  the  bureau  to  which  the  property  pertains.    Abstracts  of 
purchases  will  be  forwarded  with  the  money  accounts. 

II.  AM  soon  as  possibleafter  the  receipt  of  the  return  by  the  proper  chief  of  bureau 
it  will  be  examined  in  his  office,  and  the  officer  making  fho  return  will  be  notified  of 
all  errors  and  irregularities  found  therein  and  granted  three  months  to  correct  them. 
Suspensions  or  disallowances  will  not  be  made  on  accouut  of  slight  informalities 


ACCOUNTING    OFFICERS    AND    ACCOUNTS.  163 

the  Chief  Signal  Officer, 

the  Paymaster-General  of  the  Navy, 

the  Commissioner  of  Indian  Affairs, 

or  other  like  chief  officers  in  any  Department, 

by,  through,  or  under  whom  stores,  supplies,  and  other 
public  property  are  received  for  distribution,  or  whose  duty 
it  is  to  receive  or  examine  returns  of  such  property,  shall 
certify  to  the  proper  accounting  officer  of  the  Treasury    Losses  to  be 
Department,  for  debiting  on  the  proper  account,  any  charge  Treasury  °d 
against  any  officers  or  agent  intrusted  with  public  prop- 
erty, arising  from  any  loss,  accruing  by  his  fault,  to  the 
Government  as  to  the  property  so  intrusted  to  him. 

SEC.  2.  That  said  certificate  shall  set  forth  the  condition  t£™£ ;nt80t cer' 
of  such  officer's  or  agent's  property  returns,  that  it  includes 
all  charges  made  up  to  its  date  and  not  previously  certified, 
that  he  has  had  a  reasonable  opportunity  to  be  heard  and 
has  not  been  relieved  of  responsibility; 

the  effect  of  such  certificate,  when  received,  shall  be  the~effect- 
same  as  if  the  facts  therein  set  forth  had  been  ascertained 
by  the  accounting  officers  of  the  Treasury  Department  in 
accounting. 

SEC.  3.  That  the  manner  of  making  property  returns  to 
or  in  any  administrative  bureau  or  department,  or  of  ascer- 
taining  liability  for  property,  under  existing  laws  and  regu- 
lations, shall  not  be  affected  by  this  Act,  except  as  provided 
in  section  one; 

but  in  all  cases  arising  as  to  such  property  so  intrusted  re°^ortunityf°l 
the  officer  or  agent  shall  have  an  opportunity  to  relieve 
himself  from  liability. 

SEC.  4.  That  the  heads  of  the  several  Departments  are    Regulations  to 
hereby  empowered  to  make  and  enforce  regulations  to  carry  en 
out  the  provisions  of  this  Act. 

SEC.  5.  That  all  laws  or  parts  of  laws  inconsistent  with    Repeal. 
the  provisions  of  this  Act  are  hereby  repealed. 

SEC.  2.  That  hereafter  the  accounting  officers  of  the  Treas-   July  28» 1892> 
ury  shall  not  receive,  examine,  consider,  or  allow  any  claim    27  stat.L.,282, 
against  the  United  States  for  sea  pay  or  commutation  ofp  *?)P"18S 
rations  which  has  been  or  may  be  presented  by  officers  of ,  Navv-  claims 

.,        -y-r  .,  -i      •  i          V  A-  i         j-i      f°r   8ea   pay   or 

the  Navy,  their  heirs  or  legal  representatives,  under  the  commutation  of 
decisions  of  the  Supreme  Court,  which  have  heretofore  been  ^°r°8  j^™^ 
adopted  as  a  basis  for  the  allowance  of  such  claims,  which  isso,  not  to  be 
accrued  prior  to  July  sixteenth,  eighteen  hundred  and  ali2ou! s., 46, 51, 
eighty.  52 ;  125  'u.'s.,  55e! 

SEC.  237.  The  fiscal  year  of  the  Treasury  of  the  United 
States  in  all  matters  of  accounts,  receipts,  expenditures, 

which  do  not  affect  the  validity  of  the  voucher,  hut  the  officer's  attention  may  be 
called  to  them.  Whenever  the  errors  have  been  corrected,  or  compensation  has  been 
made  for  deficient  articles,  and  the  action  of  the  bureau  chief  is  sustained  or  modi- 
fied by  the  Secretary  of  War,  the  return  will  be  regarded  as  settled  and  the  officer 
who  rendered  the  return  will  be  notified  accordingly. 

III.  If  the  necessary  corrections  in  the  return  he  not  made  within  the  prescribed 
time  the  facts  will  be  reported  to  the  Secretary  of  War.  When  it  has  been  deter- 
mined that  the  money  value  of  the  property  for  which  an  officer  has  failed  to  account 
shall  be  refunded  to  the  United  States,  the  facts  will  be  certified  to  the  proper 
accounting  officer  of  the  Treasury  by  the  chief  of  bureau. 

The  provisions  of  the  above  act  and  regulations  are  applicable  to  all  property 
returns  rendered  for  any  period  of  accountability  subsequent  to  March  31,  1894. 

Paragraphs  1327, 1328, 1329, 1330, 1332,  and  section  7,  paragraph  1431,  Army  Regula- 
tions 1889,  are  hereby  revoked. 


164   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

an(^  appropriations,    *     *     *     shall  commence 


7%  sfi,'  on  the  first  day  of  July  in  each  year;  and  all  accounts  of 
3  'i873p's6V  v1!?'  receipts  and  expenditures  required  by  law  to  be  published 
P.  486.'  '  annually  shall  be  prepared  and  published  for  the  fiscal  year 

See  note  7.          ag  thug  establisned. 


Reports  upon     SEC.  260.  The  Secretary  of  the  Treasury  shall  lay  before 

fo^pSwrtSenls  Congress  at  the  commencement  of  each  regular  session, 

^Ma?  Tmivl  accomPanying  his  annual  statement  of  the  public  expendi- 

e,  v.  alp.  367.  '  8'  ture,  the  reports  which  may  be  made  to  him  by  the  Audi- 

tors charged  with  the  examination  of  the  accounts  of  the 

Department  of  War  and  the  Department  of  the  Navy, 

respectively,  showing  the  application  of  the  money  appro- 

priated for  those  Departments  for  the  preceding  year. 

Title  7,  chap,  s.      gEC.  273.  It  shall  be  the  duty  of  the  Comptroller  of  the 

Duties  of  the  Treasury: 

tSronernd  C°mp"     First.  To  examine  all  accounts  settled  by  the  Second, 
Mar's,  igiT^s.  Third,  and  Fourth  Auditors,  and  certify  the  balances  arising 
May'7,3i822,  s.  3,:  thereon  to  the  Secretary  of  the  Department  in  which  the 
v'  lee'  Tec'  36-3  expenditure  has  been  incurred. 

juiy63ijW  "  Second.  To  countersign  all  warrants  drawn  by  the  Sec- 
retaries of  War  and  of  the  Navy,  which  shall  be  warranted 
by  law. 

Third.  To  report  to  the  Secretaries  of  War  and  of  the 
Navy  the  official  forms  to  be  issued  in  the  different  offices 
for  disbursing  the  public  money  in  those  Departments,  and 
the  manner  and  form  of  keeping  and  stating  the  accounts 
of  the  persons  employed  therein. 

Fourth.  To  superintend  the  preservation  of  the  public 
accounts  subject  to  his  revision. 

Power  of  sec-     SEC.  274.  The  Second  Comptroller  may  prescribe  rules 
asdtoC  ™arr°8  ^f  to  govern  the  payment  of  arrears  of  pay  due  to  any  petty 
paJuiv4  1864  s  °fficer>  seaman,  or  other  person  not  an  officer,  on  board  any 
3,  v.ui3,  p.  390.  '  8'  vessel  in  the  employ  of  the  United  States,  which  has  been 
sunk  or  destroyed,  in  case  of  the  death  of  such  petty  officer, 
seaman,  or  person,  to  the  person  designated  by  law  to 
receive  the  same. 
Title  7,  chap.  4.     gEC<  277.  The  duties  of  the  Auditors  shall  be: 


Auditors  °f  tbe  ^^n'  The  Fourth  Auditor  shall  receive  and  examine  all 
Mar°3!'i8i7,  s.  accounts  accruing  in  the  Navy  Department  or  relative 
July'  20  im  fi;  thereto,  and  all  accounts  relating  to  Navy  pensions;  and, 
V.  15,  p.  106;  July  after  examination  of  such  accounts,  he  shall  certify  the  bal- 
p8'  3276'  junVs'  ances>  and  shall  transmit  such  accounts,  with  the  vouchers 
1872,  B.  22,  v.  17,  and  certificate,  to  the  Second  Comptroller  for  his  decision 
UlU1^.  thereon. 

395,  415  ;  June  30,  1864,  8.  2,  v.  13,  p.  223.     See  note  8. 

Note  7.—  Fractions  of  a  day  are  not  noticed  for  legal  purposes.  If  the  law  author- 
izes a  certain  thing  to  be  done  within  a  certain  number  of  days,  the  first  day  ia  ex- 
eluded  from  the  calculation.  Divisions  of  a  day  excluded  in  public  proceedings. 
(Op.,  IX,  132,  Black,  Mar.  10,  1858.)  Whole  quarter  of  a  year  means  a  whole  fiscal 
quarter  in  accordance  with  the  division  of  a  year  used  in  the  Treasury  Department 
from  its  organization.  (Op.,  Ill,  p.  156,  Butler,  Oct.  27,  1836.)  Two  years  from  and 
after  the  4th  of  March,  1836,  includes  the  4th  of  March,  1838.  (Op.,  Ill,  p.  157,  But- 
ler, Nov.  3,  1836.)  "From  and  after,"  "  On  and  after,"  are  equivalents  of  each  other. 
(Op.,  XIV,  p.  542,  Williams,  Mar.  10,  1875.) 

Note  S.—  "Settled,"  equivalent  in  meaning  to  "finally  acted  on."  A  certificate  to 
the  Department  must  be  accompanied  by  the  Auditor's  action  ;  need  not  be  incorpo- 
rated in  the  certificate.  (Op.,  XV,  139,  Taft,  Aug.  2,  1876;  see  also  192.) 

The  President  can  not  interpose  in  the  settlement  of  accounts  by  the  accounting 


ACCOUNTING  OFFICERS  AND  ACCOUNTS.         165 

SEC.  3.  The  Auditors  of  the  Treasury  shall  hereafter  be  July  si,  1894. 
designated  as  follows :  Auditors' 

de  signal  ion  a 
changed. 

the  Fourth  Auditor  as  Auditor  for  the  Navy  Department ;    -for  Navy  De- 

7  partment. 

The  designations  of  the  deputy  auditors  and  other  sub-    Deputies, 
ordinates  shall  correspond  with  those  of  the  Auditors. 

And  each  deputy  auditor,  in  addition  to  the  duties  now    Duties, 
required  to  be  performed  by  him,  shall  sign,  in  the  name 
of  the  Auditor,  such  letters  and  papers  as  the  Auditor 
may  direct. 

SEC.  7.  Accounts  shall  be  examined  by  the  Auditors  as 
follows : 

The  Auditor  of  the  Navy  Department  shall  receive  and    Auditor  of  the 
examine  all  accounts  of  salaries  and  incidental  expenses  menly   Depar 
of  the  office  of  the  Secretary  of  the  Navy,  and  of   all 
bureaus  and  offices  under  his  direction,  all  accounts  relat- 
ing to   the   Naval  Establishment,  Marine  Corps,  Naval 
Academy,  and  to  all  other  business  within  the  jurisdiction 
of  the  Department  of  the  Navy,  and  certify  the  balances 
arising  thereon  to  the  Division  of  Bookkeeping  and  War- 
rants, and  send  forthwith  a  copy  of  each  certificate  to  the 
Secretary  of  the  Navy. 

SEC.  283.  The  Auditors  charged  with  the  examination  of  Mannerof keep- 
the  accounts  of  the  Departments  of  War  and  of  the  Navy,  vSpSSSSSS  of 
shall  keep  all  accounts  of  the  receipts  and  expenditures  of  w»r  and  the 
the  public  money  in  regard  to  those  Departments,  and  of  MOT.  3,  isi?,  ss. 
all  debts  due  to  the  United  States  on  money s  advanced5'^^pi'n3a6t7/ 
relative  to  those  Departments ;  shall  receive  from  the  Second  of  accounts 
Comptroller  the  accounts  which  shall  have  been  finally 
adjusted,  and  shall  preserve  such  accounts,  with  their  see 
vouchers  and  certificates,  and  record  all  requisitions  drawn  [Adja«tmentof 
by  the  Secretaries  of  those  Departments,  the  examination  1|^ilities  ,with 

?.  .  i  £>      i  •    -i    -i          i     '  •  i   A  mi  General    ac- 

ot  the  accounts  of  which  has  been  assigned  to  them.    They  count  of  ad- 
shall  annually,  on'  the  first  Monday  in  November,  severally  Appropriations.! 
report  to  the  Secretary  of  the  Treasury  the  application  of 
the  money  appropriated  for  the  Department  of  War  and  the 
Department  of  the  Navy,  and  they  shall  make  such  reports 
on  the  business  assigned  to  them  as  the  Secretaries  of  those 
Departments  may  deem  necessary  and  require. 

SEC.  297.  The  several  Auditors  are  empowered  to  admin-  Auditors  may 
ister  oaths  to  witnesses  in  any  case  in  which  they  may  adMa?!  s^isf?!1!! 
deem  it  necessary  for  the  due  examination  of  the  accounts  \2'  v-fi3;a7p9-  35*; 
with  which  they  shall  be  charged.  vT??p  288 . 

SEC.  3673.  All  moneys  appropriated  lor  the  use  of  the  Title  **• 
War  and  Navy  Departments  shall  be  drawn  from  the  Treas-  Drafts  for  Wai 
ury,  by  warrants  of  the  Secretary  of  the  Treasury,  uponJ^JjJJ/  De' 
the  requisitions  of  the  Secretaries  of  those  Departments,  May  7. 1822,  s. 
respectively,  countersigned  by  the  Second  Comptroller  ofJ^ftfSJiJJ?; 
the  Treasury,  and  registered  by  the  proper  Auditor.  3«' P- 367. 

officers  and  direct  credits  to  be  allowed ;  can  not  interfere  legally  with  the  duties 
belonging  to  the  accounting  officers ;  an  appeal  does  not  lie  to  him  from  the  deter- 
mination of  the  accounting  officers  acting  iu  the  sphere  of  their  duties;  he  can  not 
interfere  in  their  decisions;  he  does  not  possess  the  power  to  examine  into  the 
correctness  of  their  settlements  for  the  purpose  of  correcting  any  errors  they  may 
have  committed.  (Op.,  I, 624,  636, 678, 706,  Wirt ;  1 1, 507, 544,  Taney .) 


LAWS    RELATING    T6    THE    NAVY,  MARINE    CORPS,  ETC. 


[March  4,  1874,  v.  18,  p.  1!),  modifies  as  to  War  Depart- 
ment.] 

Form  of  draw-     SEC.  3675.  All  warrants  drawn  by  the  Secretary  of  the 
"Sants        g  Treasury,  upon  the  Treasurer  of  the  United  States,  shall 
^  Mar^  s,  1809^8.  Specjfy  ^Q  particular  appropriation  to  which  the  same 
a.6,  should  be  charged;  and  the  moneys  paid  by  virtue  of  such 
warrants  shall,  in  conformity  therewith,  be  charged  to  such 
appropriation  in  the  books  of  the  Secretary,  First  Comp- 
troller, and  Register. 

ACCOUNTS    OF   LOST   VESSELS    AND    CLOTHING. 


Sept.  2,  1 
v.  1,  p.  67. 


Sec. 

274.  Payments  to  representatives  of  per- 
son lost. 

284.  Settlement  of  accounts  of  paymaster 
of  lost  or  captured  public  vessels. 

286.  Fixing  date  of  loss  of  missing  ves- 

sels. 

287.  Accounts  of  petty  officers,  seamen, 

etc.,  on  lost  vessel. 


Sec. 

288.  Compensation    for  personal    effects 

lost. 

289.  Payment  of   accounts   of   deceased 

petty  officers,  seamen,  etc.,  of  lost 
vessel. 

290.  Allowance   for  effects   of  officer  of 

lost  vessel. 


Title  ?, chap.  8.     SEC.  274.  The  Second  Comptroller  may  prescribe  rules 


Arrears  of  pay  to  govern  the  payment  of  arrears  of  pay  due  to  any  petty 

soii8leceased  per  "officer,  seaman,  or  other  person  not  an  officer,  on  board 

juiy  4,  1864,  s.  any  vessel  in  the  employ  of  the  United  States,  which  has 

3,  v.  is,  p.  390.      been  sunk  or  destroyed,  in  case  of  the  death  of  such  petty 

officer,  seaman,  or  person,  to  the  person  designated  by  law 

to  receive  the  same. 

Title  7,  chap.  4.      SEC.  284.  In  every  case  of  the  loss  or  capture  of  a  ves- 

Settiement  of  sel  belonging  to  the  Navy  of  the  United  States,  the  proper 

accounts  of  pay-  accounting  officers  of  the  Treasury,  under  the  direction  of 

master  of  lost  or  ?i         •        i      •  1,1 

captured  public  the  Secretary  ot  the  Navy,  are  authorized,  in  the  settle- 
v<Mar83,  1847,  s.  ment  of  the  accounts  of  the  paymaster  of  such  vessel,  to 
6,  v.  9,'  p.  173;  credit  him  with  such  portion  of  the  amount  of  the  provi- 
0'  8'  sions,  clothing,  small  stores,  and  money,  with  which  he 
stands  charged  on  the  books  of  the  Fourth  Auditor  of  the 
Treasury,  as  they  shall  be  satisfied  was  inevitably  lost  by 
such  capture  or  loss  of  a  public  vessel;  and  such  pay- 
master shall  be  fully  exonerated  by  such  credit  from  all 
liability  on  account  of  the  provisions,  clothing,  small  stores, 
and  money  so  proved  to  have  been  captured  or  lost. 

SEC*  28(i*  Tne  Pr°Per  accounting  officers  of  the  Treasury 
are  authorized,  under  the  direction  of  the  Secretary  of  the 
i  vUi3  p  sgo4'  8'Navy,  in  settling  the  accounts  of  seamen,  and  others,  not 
officers,  borne  on  the  books  of  any  vessel  in  the  Navy 
which  shall  have  been  wrecked,  or  which  shall  have  been 
unheard  from  so  long  that  her  wreck  may  be  presumed,  or 
which  shall  have  been  destroyed  or  lost  with  the  rolls  and 
papers  necessary  to  a  regular  and  exact  settlement  of  such 
accounts,  to  fix  a  day  when  such  wreck,  destruction,  or  loss 
shall  be  deemed  to  have  occurred. 


SEC-  287<  The  Pr°Per  accounting  officers  of  the  Treas- 
'n,  tc  on  ury  are  authorized,  in  settling  the  accounts  of  the  petty 
officers,  seamen,  and  others,  not  officers,  on  board  of  any 
vessel  in  the  employ  of  the  United  States,  which  by  any 
casualty,  or  in  action  with  the  enemy,  has  been  or  may  be 
sunk  or  otherwise  destroyed,  together  with  the  rolls  and 
papers  necessary  to  the  exact  ascertainment  of  the  several 


see  sec.  274 


ACCOUNTS  OF  LOST  VESSELS  AND  CLOTHING.       167 

accounts  of  the  same  at  the  date  of  such  loss,  to  assume" 
the  last  quarterly  return  of  the  paymaster  of  any  such 
vessel  as  the  basis  for  the  computation  of  the  subsequent 
credits  to  those  on  board,  to  the  date  of  such  loss,  if  there 
be  no  official  evidence  to  the  contrary.  Where  such  quar- 
terly return  has,  from  any  cause,  not  been  made,  the 
accounting  officers  are  authorized  to  adjust  and  settle  such 
accounts  on  principles  of  equity  and  justice. 

SEC.  288.  The  proper  accounting*  officers  of  the  Treasury  ft ^compenaation 
Department  are  authorized,  in  settling  the  accounts  of  the  feot«kSfc 
petty  officers,  seamen,  and  others,  not  officers,  on  board  of   ltlem' 8- 2- 
any  vessel  in  the  employ  of  the  united  States,  which,  by 
any  casualty,  or  in  action  with  the  enemy,  has  been  or  may 
be  sunk  or  otherwise  destroyed,  to  allow  and  pay  to  each 
person,  not  an  officer,  employed  on  the  vessel  so  sunk  or 
destroyed,  and  whose  personal  effects  have  been  lost,  a  sum 
not  exceeding  sixty  dollars,  as  compensation  for  the  loss  of 
his  personal  effects. 

SEC.  289.  In  case  of  the  death  of  any  such  petty  officer,    Payment  of  ac- 
seamau,  or  other  person,  not  an  officer,  such  payment  shall  ceasedVetty  ont 
be  made  to  the  widow,  child  or  children;  father,  mother,  or  ^-T^t^ssei tc<> 
brothers  and  sisters  jointly,  following  that  order  of  prefer-  °  Me^™.*?.6 ' 
ence;   such  credits  and  gratuity  to  be  paid  out  of  any    Seenotel- 
money  in  the  Treasury  not  otherwise  appropriated. 

That  the  proper  accounting  officers  of  the  Treasury  be,    Mar.  2, 1896. 
and  they  are  hereby,  authorized  and  directed  to  examine    28Stat.L.,962. 
into,  ascertain,  and  determine  the  value  of  the  private  18^J|-  (,Suf^. 
property  belonging  to  officers,  petty  officers,  seamen,  and  435.)" 
others  in  the  naval  service  of  the  United  States  which  ^aSj^11^1,;1.^ 
been  or  may  hereafter  be  lost  and  destroyed  in  the  naval  wreck,  etc. 
service  by  shipwreck  or  other  marine  disaster,  under  the    Seenote2- 
following  circumstances : 

First.  When  such  loss  or  destruction  was  without  fault    Conditions, 
or  negligence  on  the  part  of  the  claimant. 

Second.  Where  the  private  property  so  lost  or  destroyed 
was  shipped  on  board  an  unseaworthy  vessel  by  order  of 
any  officer  authorized  to  give  such  order  or  direct  such 
shipment. 

And  the  amount  of  such  loss  or  losses  which  have  accrued    Payment  of 
prior  to  the  passage  of  this  Act  so  ascertained  and  deter- pnor  i°88e8- 
mined  upon  settlement  by  the  proper  accounting  officers  of 
the  Treasury  shall  be  paid  out  of  any  money  in  the  Treas- 
ury not  otherwise  appropriated, 

and  all  losses  that  shall  hereafter  accrue  shall  be  certi-    Report  on  fu- 
fied  by  the  Secretary  of  the  Treasury  at  the  commencement tu 
of  each  regular  session  to  the  Speaker  of  the  House  of 
Representatives  who  shall  lay  the  same  before  Congress 
for  consideration,  and  shall  be  in  full  for  all  such  loss  or 
damage : 

Note  1. — The  "  legal  representatives  "  of  deceased  persons  are  generally  their  execu- 
tors or  their  administrators,  but  may  mean  their  heirs  or  next  of  kin.  (Op.,  Ill,  29; 
VII,  60;  XIV,  515;  C.  C.,  IV,  456;  Wallace,  XIII,  351.)  To  insert  "  marines  "  and 
to  construe  orphans  to  mean  father  or  mother  or  brother  or  sister,  would  be  legisla- 
tion, not  interpretation.  (Op.,  VIII,  28,  Aug.  8, 1856,  Gushing,  on  the  construction  of 
relief  acts.)  Where  money  is  due  to  the  heirs  of  a  deceased  person  and  there  is  a 
dispute  as  to  the  legal  descent,  the  latter  question  should  bo  decided  by  the  court 
rather  than  by  the  executive  officers.  (Op.  V.,  670,  Jan.  28, 1853.) 

Note  2. — This  act  makes  provisions  for  the  naval  service  somewhat  similar  to  those 
made  in  regard  to  the  Army  by  1895,  March  3,  cli.  335  (I  Stipp.  It.  S.,  481). 


168   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

claims  not  to     Provided,  That  any  claim  which  shall  be  presented  and 

acted  upon  under  authority  of  this  Act  shall  be  held  as 

finally  determined,  and  shall  never  thereafter  be  reopened 

or  considered : 

War  losses.         And  provided  further,  That  this  Act  shall  not  apply  to 

losses  sustained  in  time  of  war: 

Limit  of  Habii-     And  provided  further,  That  the  liability  of  the  Govern- 
ment under  this  Act  shall  be  limited  to  such  articles  of 
personal  property  as  are  required  by  the  United  States 
Naval  Regulations,  and  in  force  at  the  time  of  loss  or  de- 
struction, for  such  officers,  petty  officers,  seamen,  or  others 
engaged  in  the  public  service,  in  the  line  of  duty : 
Amounts  d  e-     And  provided  further,  That  the  amounts  which  have  been 
dlRt^,' sees.  288- l)a^d  to  persons  in  the  naval  service  under  sections  two 
290.  hundred  and  eighty-eight,  two  hundred  and  eighty-nine, 

and  two  hundred  and  ninety  of  the  lie  vised  Statutes  shall 
be  deducted  in  the  settlement  of  all  claims  under  this  Act: 
Determining     And  provided  further,  That  the  value  of  the  article  or 
value.  articles  lost  or  destroyed  shall  be  their  value  at  the  date  of 

loss  or  destruction : 

TO  be  present-     And  provided  further,  That  all  claims  now  existing  shall 
''  be  presented  within  two  years,  and  not  after,  from  the  pas- 
sage of  this  Act;  and  all  such  claims  hereafter  arising  be 
presented  within  two  years  from  the  occurrence  of  the  loss 
or  destruction. 

Claims  barred.     That  nothing  in  this  Act  shall  be  construed  to  authorize 
the  reopening  or  payment  of  any  claims  for  losses  of  pri- 
vate property  on  vessels  sunk  or  otherwise  destroyed  prior 
to  August  twentieth,  eighteen  hundred  and  eighty -four. 
Allowance  for     SEC.  290.  Ill  case  any  officer  of  the  Navy  or  Marine  Corps 
i±tcves0sfe°iffici  °f  on  board  a  vessel  in  the  employ  of  the  United  States  which, 
v  Apr.6,  ISM,  s.  i,  by  any  casualty,  or  in  action  with  the  enemy,  at  any  time 
v'Forp'continua- since  the  nineteenth  day  of  April,  eighteen  hundred  and 

clrsanS^ews'of8^^'0116'  nas  been  or  mav  ^e  sunk  or  destroyed,  shall 
lost  vessels,  see  thereby  have  lost  his  personal  effects,  without  negligence 
i5?I>ay  and8??  or  want  of  skill  or  foresight  on  his  part,  the  proper  account- 
lowauces,  Divi  ing  officers  are  authorized,  with  the  approval  of  the  Secre- 
tary of  the  Navy,  to  allow  to  such  officer  a  sum  not  exceeding 
the  amount  of  his  sea-pay  for  one  month  as  compensation 
for  such  loss.    But  the  accounting  officers  shall  in  all  cases 
require  a  schedule  and  certificate  from  the  officer  making 
the  claim  for  effects  so  lost. 


ADVERTISING. 


Sec. 

3828.  Written  authority  required. 

Restriction  on  advertising  in 'the 

District  of  Columbia. 

Prices  to  be  paid. 

Papers  to  be  used  in  the  District  of 

Columbia. 


Sec. 

3709.  Advertisement    for    supplies    and 

services. 
3718.  Advertisement  for  provisions,  etc., 

and  transportation. 


Title  45.          SEC.  3828.  No  advertisement,  notice,  or  proposal  for  any 
NO    advertise-  Executive  Department  of  the  Government,  or  for  any  Bureau 
thority.ith°utau  thereof,  or  for  any  office  therewith  connected,  shall  be  pub- 
lished in  auy  newspaper  whatever,  except  in  pursuance  of 


ADVERTISEMENT    FOR    SUPPLIES,  ETC.  169 

a  written  authority  for  such  publication  from  the  head  Of2^u}£15'3jg70>8> 
such  Department;  and  110  bill  for  any  such  advertising,  or  'see note i.' 
publication,  shall  be  paid,  unless  there  be  presented,  with 
such  bill,  a  copy  of  such  written  authority. 

In  no  case  of  advertisement  for  contracts  for  the  public  J«iy  si,  1876. 
service  shall  the  same  be  published  in  any  newspaper  pub-    Restriction  on 
lished  and  printed  in  the  District  of  Columbia  unless  the 
supplies  or  labor  covered  by  such  advertisement  are  to  be 
furnished  or  performed  in  said  District  of  Columbia.  ch 

Hereafter  all  advertisements,  notices,  proposals  for  con-  June  20, 1878. 
tracts,  and  all  forms  of  advertising  required  by  law  for  the    Price8  to  be 
several  Departments  of  the  Government  may  be  paid  forpajd- 
at  a  price  not  to  exceed  the  commercial  rates  charged  tOch.'S,  v.'2of7pl 
private  individuals,  with  the  usual  discounts;  such  rates 21^6*G  0 
to  be  ascertained  from  sworn  statements  to  be  furnished  159-160. 
by  the  proprietors  or  publishers  of  the  newspapers  propos- 
ing so  to  advertise.    *    *    *    But  the  heads  of  the  several 
Departments  may   secure  lower  terms  at   special  rates 
whenever  the  public  interest  requires  it. 

All  advertising  required  by  existing  laws  to  be  done  in  Jan.  21,  isat. 
the  District  of  Columbia  by  any  of  the  Departments  of  Advertisements 
the  Government  shall  be  given  to  one  daily  and  one  weekly .J510}Jjl^Jtriotof 
newspaper  of  each  of  the  two  principal  political  parties, 
and  to  one  daily  and  one  weekly  neutral  newspaper :  Pro- 
vided, That  the  rates  of  compensation  for  such  service  shall 
in  no  case  exceed  the  regular  commercial  rate  of  the  news- 
papers selected;  nor  shall  any  advertisement  be  paid  for 
unless  published  in  accordance  with  section  thirty-eight 
hundred  and  twenty-eight  of  the  Be  vised  Statutes. 

SEC.  2.  All  laws  or  parts  of  laws  inconsistent  herewith    Jan.  21,  i88iv 
are  hereby  repealed.  ch.  25,v.  21,  p.sn. 

SEC.  3709.  All  purchases  and  contracts  for  supplies  or      Title  43. 
services,  in  any  of  the  Departments  of  the  Government,  Advertisements 
except  for  personal  services,  shall  be  made  by  advertising  ft^rr°p2°8ial6i 
a  sufficient  time  previously  for  proposals  respecting  ttiei&v.i2,jp.m§< 
same,  when  the  public  exigencies  do  not  require  the  imine-    Denote 2. 

diate  delivery  of  the  articles,  or  performance  of  the  service. 

ft    *    « 

SEC.  3718.    *    *    *    In  the  case  of  provisions,  clothing,  Advertisements 
hemp,  and  other  materials,  the  Secretary  of  the  Navy  shall  nemp°etcVling' 
advertise,  once  a  week,  for  at  least  four  weeks,  in  one  or    Mar.  3, 1843,  v. 
more  of  the  principal  papers  published  in  the  place  where 5|  see17 Jan.   21, 
such  articles  are  to  be  furnished,  for  sealed  proposals  for1881- 
furnishing  the  same.     *     *     *     ID  the  case  of  transporta- 
tion of  such  articles,  he  shall  advertise  for  a  period  of  not 
less  than  five  days.     *     *     * 

That  section  thirty-seven  hundred  and  nineteen  of  the   May  25,  isee. 
Eevised  Statutes  be,  and  the  same  is  hereby,  amended  by    29  stat.  L.,  ise. 
adding  thereto  the  following :  2, fSf*  S"V°L 

Naval  supplies.  '  K.  S.,  §  3719. 

Note  1.—  The  provisions  of  section  3828,  forbidding  the  publication  of  advertise- 
ments for  any  Executive  Department  of  the  Government,  or  for  any  bureau  thereof, 
or  for  any  omcetherewith  connected,  except  "  under  written  authority  from  the  head 
of  the  Department,"  extend  to  offices  connected  as  aforesaid,  no  matter  where  located. 
(Op..  XVI,  616,  Phillips,  Dec.  16, 1878.) 

Note  2.— As  to  advertisements,  etc.,  on  contracts  for  the  naval  service,  see  1893, 
Mar.  3,  ch.  212,  par,  6,  note  (5),  ante,  p.  131,  and  1804,  Jan.  27,  ch.  22,  and  notes,  ante, 


170   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

m?eii!efiaccebte<i     "Provided,  That  the  Secretary  of  the  Navy  may,  in  his 
Sa>secui?typ for  discretion,  accept,  in  lieu  of  the  written  guaranty  required 
proposals,  etc.    fo  accOmpany  a  proposal  for  naval  supplies,  and  in  lieu  of 
the  bond  required  for  the  faithful  performance  of  a  contract 
for  furnishing  such  supplies,  a  certified  check,  payable  to 
the  order  of  the  Secretary  of  the  Navy,  for  the  full  amount 
of  such  proposal  or  contract,  the  check  to  be  held  by  the 
Secretary  of  the  Navy  until  the  requirements  of  the  pro- 
posal or  contract  shall  be  complied  with  and  as  a  guaranty 
for  compliance  with  the  same." 


APPROPRIATIONS— ESTIMATES. 


Sec. 
430.  Estimates  for  expenses. 

3660.  Manner    of    communicating    esti- 

mates. 

3661.  Estimates  for  printing  and  binding. 

3662.  Estimates  for  salaries. 

3663.  Requisites  of  estimates  for  appro- 

priations for  public  works. 

3664.  What  additional  explanations  are 

required. 

3G65.  Amount  of  outstanding  appropria- 
tion to  be  designated. 

3666.  Items  of  expenditure  to  be  specified 

in  estimates  and  accounts. 
Estimates  for  pay  of  Navy. 

3667.  Estimates  of  claims,  etc.,  on  Navy 

pension  fund. 

3669.  Estimates  to  be  submitted  to  Con- 

gress. 

3670.  Wnat  statements  shall  accompany 

estimates. 

3672.  Sales  of  public  property  to  be  in- 

cluded in  Book  of  Estimates. 
Estimates  to  be  furnished  by  1st 
October. 

3673.  Drafts  of  War  and  Navy  Depart- 

ments. 

Act  June  19,  1878.    Requisitions  of  Sec- 
retary of  Navy  for  advances. 


Sec. 

3675.  Form  of  drawing  and  charging  war- 

rants. 

3676.  Appropriations  for  Navy  controlled 

by  Secretary ;  for  each  Bureau  to 
be  kept  separately. 

3678.  Application  of  moneys    appropri- 

ated. 

3679.  No  expenditures  beyond  appropri- 

ations. 

3681.  Expenses  of  commissions  and  in- 

quiries. 

3682.  Contingent,  etc.,  expenses. 

3685.  Special    appropriations    available 

only  for  two  years,  except,  otc. 

3686.  Foreign  hydrographie  surveys. 

3689.  Permanent     indefinite     appropria- 

tions. 

3690.  Expenditure  of  balances  of  appro- 

priations. 

3691.  Disposals    of   balances    after    two 

years. 

Unexpended  balances  of  appropria- 
tions. 

3692.  Proceeds  of  certain  sales  of  material . 
Act  June  19, 1878.    Statement  of  receipts, 

expenditures,  and  balances. 


Title  10. 


for 
expenses. 

July  5,  1862,  s. 
5,v.  12.  p.  511. 

See   sec.    366, 
same  title. 
Title  41. 


Manner  of  com- 
municating esti- 
mates. 

Aug.  26, 1842,  s. 
14,  r.  5,  p.  525. 

See  Mar.  3, 1875, 
sec.  3672,  same 
title. 


SEC.  430.  All  estimates  for  specific,  general,  and  contin- 
gent expenses  of  the  Department,  and  of  the  several 
Bureaus,  shall  be  furnished  to  the  Secretary  of  the  Navy 
by  the  chiefs  of  the  respective  Bureaus. 

SEO.  3GGO.  The  heads  of  Departments,  in  communicating 
estimates  of  expenditures  and  appropriations  to  Congress, 
or  to  any  of  the  commit  tees  thereof,  shall  specify,  as  nearly 
as  may  be  convenient,  the  sources  from  which  such  esti- 
mates are  derived,  and  the  calculations  upon  which  they 
are  founded,  and  shall  discriminate  between  such  estimates 
as  are  conjectural  in  their  character  and  such  as  are  framed 
upon  actual  information  and  applications  from  disbursing 
officers.  They  shall  also  give  references  to  any  law  or 
treaty  by  which  the  proposed  expenditures  are,  respec- 
tively, authorized,  specifying  the  date  of  each,  and  the 
volume  and  page  of  the  Statutes  at  Large,  or  of  the 
Revised  Statutes,  as  the  case  may  be,  and  the  section  of 
the  act  in  which  the  authority  is  to  be  found. 


APPROPRIATIONS,  ESTIMATES,  NAVY,  MARINE  CORPS,  ETC      171 

And  hereafter  the  estimates  for  pay  of  the  Navy  shall  Fel>*  28»  188i* 
be  submitted  in  the  book  of  estimates  in  detailed  clas-    c^smc^'tion 
sifications  and  paragraphs,  after  the  manner  above  set  in  Book  of  Esti- 

fnrfli        *       *       *  mates. 

10rUl-  R.  S.,  sees.  429, 

3660,  3660.  1875, 
Mar.  3,  ch.  29, 
8.3,  p.  72. 

SEC.  36G1.  The  head  of  each  of  the  Executive  Depart- 
ments,  and  every  other  public  officer  who  is  authorized  to 
have  printing  and  binding  done  at  the  Congressional  Print-  2,ilui7)p.8272>  8' 
ing-Office  for  the  use  of  his  Department  or  public  office,  shall 
include  in  his  annual  estimate  for  appropriations  for  the 
next  fiscal  year  such  sum  or  sums  as  may  to  him  seem  nec- 
essary "for  printing  and  binding,  to  be  executed  under  the 
direction  of  the  Congressional  Printer." 

SEC.  3662.  All  estimates  for  the  compensation  of  officers    Estimates  for 
authorized  by  law  to  be  employed  shall  be  founded  upon  8aM™r*;*3f  1355,  8. 
the  express  provisions  of  law,  and  not  upon  the  authority  8-  v.  10,  p!  670.  ' 
of  executive  distribution. 

SEC.  3663.  Whenever  any  estimate  submitted  to  Con-  Requisites  for 
gress  by  the  head  of  a  Department  asks  an  appropriation  approbation  lor 
for  any  new  specific  expenditure,  such  as  the  erection  of  a  pljb^0Y°r^44  8 
public  building,  or  the  construction  of  any  public  work,  2,v.5"p.o93;Mar'. 
requiring  a  plan  before  the  building  or  work  can  be  prop-  J;  ^f;  'j^-JJ; 
erly  completed,  such  estimate  shall  be  accompanied  byfuIli877,Y'.i9,p.*m' 
plans  and  detailed  estimates  of  the  cost  of  the  whole  work.  o5«W!iet»821l 
All  subsequent  estimates  for  any  such  work  shall  state  the  supplies, 
original  estimated  cost,  the  aggregate  amount  theretofore  81£ 
appropriated  for  the  same,  and  the  amount  actually  expended 
thereupon,  as  well  as  the  amount  asked  for  the  current  year 
for  which  such  estimate  is  made.  And  if  the  amount  asked 
is  in  excess  of  the  original  estimate,  the  full  reasons  for  the 
excess,  and  the  extent  of  the  anticipated  excess,  shall  be 
also  stated. 

It  shall  be  the  duty  of  the  head  of  each  Executive  Depart-    Mar.  2, 
ment  or  other  Government  establishment  in  the  city  of   Supp    ~    ~ 
Washington  to  submit  to  the  first  regular  session  of  the  j  81)2-95,  p.  4  19. 
Fifty-fourth    Congress,   and  annually  thereafter,  in  the  coSSKoTbnsf- 
Annual  Book  of  Estimates,  a  statement  as  to  the  condition  ness  to  be  sub- 


of  business  in  his  Department  or  other  Government  estab-  ] 


lishment,  showing  whether  any  part  of  the  same  is  in 
arrears,  and,  if  so,  in  what  divisions  of  the  respective 
bureaus  and  offices  of  his  Department  or  other  Government 
establishment  such  arrears  exist,  the  extent  thereof,  and 
the  reasons  therefor,  and  also  a  statement  of  the  number 
and  compensation  of  employees  appropriated  for  in  one 
bureau  or  office  who  have  been  detailed  to  another  bureau 
or  office  for  a  period  exceeding  one  year. 

SEC.  3664.  Whenever  the  head  of  a  Department,  being    what 
about  to  submit  to  Congress  the  annual  estimates  of  expend-  {JJJ™1  ^o1'1^1*." 
itures  required  for  the  coming  year,  finds  that  the  usual  quired. 
items  of  such  estimates  vary  materially  in  amount  from  the    |J"1-  Mar    3 
appropriation  ordinarily  asked  for  the  object  named,  and  ISTS. 
especially  from  the  appropriation  granted  for  the  same 
objects  for  the  preceding  year,  and  whenever  new  items 


172   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

not  theretofore  usual  are  introduced  into  such  estimates 
for  any  year,  he  shall  accompany  the  estimates  by  minute 
and  full  explanations  of  all  such  variations  and  new  items, 
showing  the  reasons  and  grounds  upon  which  the  amounts 
are  required,  and  the  different  items  added. 

Amountofout-  SEC.  3665.  The  head  of  each  Department,  in  submitting 
toplbeto  Congress  his  estimates  of  expenditures  required  in  his 
Department  duri ii g  the  year  then  approaching,  shall  desig- 
'  nate  not  only  the  amount  required  to  be  appropriated  for 
Depart- tne  next.  fiscal  year,  but  also  the  amount  of  the  outstanding 
ment.-Report.s  appropriation,  if  there  be  any,  which  will  probably  be 
s°ecreTaardv  o?the  required  for  each  particular  item  of  expenditure. 

items  of  ex-  SEC.  3666.  The  estimates  for  expenditures  required  by 
8peSdein°e8tie  the  Department  of  the  Navy  for  the  following  purposes 
mates  and  ac-  shall  be  given  in  detail,  and  the  expenditures  made  under 
c°j"me  22,  1860,  appropriations  therefor  shall  be  accounted  for  so  as  to  show 
B.i,v.i2,p.8i.  the  disbursements  of  each  Bureau  under  each  respective 
appropriation : 

First.  Freight  and  transportation. 

Second.  Printing  and  stationery. 

Third.  Advertising  in  newspapers. 

Fourth.  Books,  maps,  models,  and  drawings. 

Fifth.  Purchase  and  repair  of  fire  engines  and  machinery. 

Sixth.  Eepairs  of  and  attending  to  steam-engine  in  navy- 
yards. 

Seventh.  Purchase  and  maintenance  of  horses  and  oxen, 
and  driving  teams. 

Eighth.  Carts,  timber-wheels,  and  the  purchase  and  re- 
pair of  workmen's  tools. 

Ninth.  Postage  of  public  letters. 

Tenth.  Fuel,  oil,  and  candles  for  navy-yards  and  shore- 
stations. 

Eleventh.  Pay  of  watchmen  and  incidental  labor  not 
chargeable  to  any  other  appropriation. 

Twelfth.  Transportation  to,  and  labor  attending  the  de- 
livery of  provisions  and  stores  on  foreign  stations. 

Thirteenth.  Wharfage,  dockage,  and  rent. 

Fourteenth.  Traveling  expenses  of  officers  and  others 
under  orders. 

Fifteenth.  Funeral  expenses. 

Sixteenth.  Store  and  office  rent,  fuel,  commissions,  and 
pay  of  clerks  to  navy-agents  and  store- keeperjs. 

Seventeenth.  Flags,  awnings,  and  packing-boxes. 

Eighteenth.  Premiums  and  other  expenses  of  recruiting. 

Nineteenth.  Apprehending  deserters. 

Twentieth.  Per  diem  pay  to  persons  attending  courts- 
martial,  courts  of  inquiry,  and  other  services  authorized 
by  law. 

Twenth-first.  Pilotage  and  towage  of  vessels,  and  assist- 
ance to  vessels  in  distress. 

see  sec.  430          Twenty-second.  Bills  of  health  and  quarantine  expenses 
of  vessels  of  the  United  States  Navy  in  foreign  ports. 


APPROPRIATIONS,  ESTIMATES,  NAVY,  MARINE  CORPS,  ETC.       173 

Hereafter  the  estimates  for  pay  of  the  Navy  shall  be  Feb.  23,  issi. 
submitted  in  the  book  of  estimates  in  detailed  classifications    Estimates  for 
and  paragraphs,  after  the  manner  above  set  forth.  paj£e°bf 

21,  p.  331. 
See  note  1. 

SEC.  3667.  The  Secretary  of  the  Navy  shall  annually  ____  Tltle  **• 


____ 

submit  to  Congress  estimates  of  the  claims  and  demands    Estimates  for 
chargeable  upon  and  payable  out  of  the  naval  pension  J^Y  peu81on 

fund.  July  11,  1870,  v. 

16,  p.  222. 

SEC.  3669.  All  annual  estimates  for  the  public  Service81fb8mmt*eestobe 
shall  be  submitted  to  Congress  through  the  Secretary  of  confess.  ec 
the  Treasury,  and  shall  be  included  in  the  book  of  estimates  2  sept.  2^517g.  »• 
prepared  under  his  direction.  liusoojv.  2!  P.  79'; 

Jan.  7,  1846,  res., 
v.  9,  p.  108  ;  Aug. 
4,1854,  s.  15,  v.  10, 
p.  573;  May  18, 
1865,  s.  4,  v.  14,  p. 
49. 

SEC.  3670.  The  Secretary  of  the  Treasury  shall  annex  to    what  state- 
the  annual  estimates  of  the  appropriations  required  for  the  Company  esti- 
public  service,  a  statement  of  the  appropriations  for  the™**®8  1  1820  g 
service  of  the  year,  which  may  have  been  made  by  forniers.v.sfp.bes.  ' 
acts. 

SEC.  3672.  A  detailed  statement  of  the  proceeds  of  all  statement  of 
sales  of  old  material,  condemned  stores,  supplies,  or  other  SrSJmateriaif8 
public  property  of  any  kind,  except  materials,  stores,  or  g  ^ay  8>8387|^- 
supplies  sold  to  officers  and  soldiers  of  the  Army,  or  to  »;  MT?Y.  ;i9,V 
exploring  or  surveying  expeditions  authorized  by  law,  shall  249- 
be  included  in  the  appendix  to  the  book  of  estimates. 

That  it  shall  be  the  duty  of  the  heads  of  the  several   Mar.  3,  1875. 
Executive  Departments,  and  of  other  officers  authorized  or    Estimates, 
required  to  make  estimates,  to  furnish  to  the  Secretary  of  Jjg^*0  be  fur' 
the  Treasury,  on  or  before  the  first  day  of  October  of  each  niEx6tracts  from 
year,  their  annual  estimates  for  the  public  service,  to  be  SudeJin^tppen- 
included  in  the  book  of  estimates  prepared  by  law  under  di*  to  estimates. 
his  direction;    and  the  Secretary  of  the  Treasury  shall  3,  ^is,  p.  a^o7.5'  8' 
submit,  as  a  part  of  the  appendix  to  the  book  of  estimates, 
such  extracts  from  the  annual  reports  of  the  several  heads 
of  Departments  and  Bureaus  as  relate  to  estimates  for 
appropriations,  and  the  necessities  therefor. 

APPROPRIATIONS. 

SEC.  3673.  All  moneys  appropriated  for  the  use  of  the       Title  41. 
War  and  Navy  Departments  shall  be  drawn  from  the  Treas-  " 
ury,  by  warrants  of  the  Secretary  of  the  Treasury,  upon  an^iraNav°y  ^>e- 
the  requisitions  of  the  Secretaries  of  those  Departments,  pa$™?"t8;{822  a 
respectively,  countersigned  by  the  Second  Comptroller  of  8,  v.  3  J.  aw  -Mar 
the  Treasury,  and  registered  by  the  proper  Auditor.  $  p81376'788'  5>  9l  v- 

See  note  2.     See  ss.  273,  277,  under  Accounts. 

Note  1.—  Paragraph  I.  Pay  of  active  list;  II.  Pay  of  retired  list;  III.  Pay  of 
petty  officers  and  seamen;  IV.  Pay  of  clerks,  secretaries,  mileage,  etc.,  giving  clas- 
sification and  number  in  each  case,  when  possible. 

Note  2.  —  The  different  subdivisions  ordinarily  employed  in  an  appropriation  act, 
viz,  legislative,  executive,  judicial,  are  intended  to  classify  the  appropriations  and 
not  to  designate  the  Department  to  which  they  belong.  (C.  C.,  XT,  152;  91  U.  S.  R., 

Appropriations:  Permanent,  those  for  an  indefinite  period;  indefinite,  those  in 
which  no  amount  is  named.  Unexpended  balances  may  be  applied  to  expenses  prop- 


174       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

June  19,  1878.  That  the  Secretary  of  the  Navy  be,  and  he  is  hereby, 
20  stat.  L.,  icy.  authorized  to  issue  his  requisitions  for  advances  to  disburs- 
igfTs.'i^.lo^'.iNg  officers  and  agents  of  the  Navy  under  a  "General 
16Re  'nis'itions  'of  accoun^  °^  advances,"  not  to  exceed  the  total  appropriation 
secretary  oTtfa-  for  the  Navy,  the  amount  so  advanced  to  be  exclusively 


l)av  curren*  obligations  uj)on  proper  vouchers  and 
n.s.,8.  3673.     that  "Pay  of  the  Navy"  shall  hereafter  be  used  only  for 
PiSt?on°sffo?pay  its  legitimate  purpose,  as  provided  by  law. 

of  Navy  limited'. 
18  Op'ius.,  412. 

Advances,  how  SEC.  2.  That  the  amount  so  advanced  be  charged  to  the 
proper,  appropriations,  and  returned  to  "General  account 
of  advances"  by  pay  and  counter  warrant  ;  the  said  charge, 
however  to  particular  appropriations,  shall  be  limited  to  the 
amount  appropriated  to  each. 

ecour  ^E°*  ^'  ^na*  ^e  Fourth  Auditor  shall  declare  the  sums 
Auditor.  *  due  from  the  several  special  appropriations  upon  complete 
^  n.s.,8.  277,  par.  vouchers,  as  heretofore,  according  to  law;  and  he  shall 

adjust  the  said  liabilities  with  the  "General  account  of 

advances." 


inFami  char'hT     SEC'  3675<  A11  warrants  drawn  by  the  Secretary  of  the 
ai    ng  Treasury,  upon  the  Treasurer  of  the  United  States,  shall 


v.^^ws^sept!  specify  the  particular  appropriation  to  which  the  same 

2,'i789',s.6,'v.i,p'.  should  be  charged;  and  the  moneys  paid  by  virtue  of  such 

warrants  shall,  in  conformity  therewith,  be  charged  to 

such  appropriation  in  the  books  of  the  Secretary,  First 

Comptroller,  and  Register. 

Appropriation     SEC.  367G.  All  appropriations  for  specific,  general,  and 

for  Navy  con-  ,.  -    -.  L..        -^ 

trolled  by  Secre-  contingent  expenses  of  the  Navy  Department  shall  be  un- 
Bureau  ufbekept  ^er  *ne  control  and  expended  by  the  direction  of  the  See- 
separately.  retary  of  the  Navy,  and  the  appropriation  for  each  Bureau 
5,  vnj2,p:5i8i62'8'  shall  be  kept  separate  in  the  Treasury. 

See  note  3. 

M«r.  8,  1898.       And  hereafter  the  accounting  officers  of  the  Treasury  are 

"  Pay  misceiia-  hereby  authorized  to  credit  appropriation  "  Pay  miscella- 

!£5?tedtiritiilieei;l8»'>  with  a^  receip^s  f°r  interest  on  the  account  of  the 

certain  receipts!  Navy  Department  with  the  London  fiscal  agents,  premiums 

K.  s.,  sec.  3676.  arjsjng  from  sales  of  bills  of  exchange,  and  from  any  appre- 

ciation in  the  value  of  foreign  coin. 

^EC*  ^^-  ^11  sums  appropriated  for  the  various  branches 
of  expenditure  in  the  public  service  shall  be  applied  solely 

erly  incurred  within  tbo  year,  and  upon  contracts  made  within  the  year,  but  not 
performed  until  later.  Appropriations  which  in  terms  are  for  one  year  can  not  be 
used  for  payment  of  expenses  not  incurred  in  the  year.  Money  can  not  bo  taken  by 
counter  requmition  to  settle  old  accounts.  (Op.,  XIII,  289,  July  27,  1870,  Akorman.)' 
NoteS.  —  The  Secretary  of  the  Navy  can  draw  on  the,  contingent  fund  for  purposes 
of  a  contingent  character  —  that  is,  such  as  might  or  might  not  happen,  and  which 
Congress  could  not  easily  foresee,  and  therefore  could  not  provide  for  definitely. 
(Op.,  1,302,  Wirt.) 


The  words  "Contingent  expenses,"  as  used  in  the  appropriation  acts,  mean  such 

9t  appropria 
iretl  On  It 
office  for  which  "the  appropriation  is  made.     (Op.,  XVI,  412,  Devens,  Dec.  19, 1879.) 


incidental,  easnal  expenses  as  are  necessary,  or  at  least  appropriate  and  convenient, 
in  order  to  the  performance  of  the  duties  required  by  law  of  tlie  Department  or  the 


The  appropriations  f<>r  "  ('out ingent  of  the  bureaus  (Civil)"  are  merged  with  that. 
for  the  Secretary's  Office  by  legislative  act  approved  March  3,  1883. 

Damages  occasioned  by  collision  in  which  a  naval  vessel  is  at  fault,  even  when 
occurring  in  foreign  \\aters.arenota  proper  charge  against  the  contingent  fund  or 
any  other  regular  Appropriation.  Special  authority  of  Con»ress  must  he  obtained 
before  payments  on  such  account  will  be  allowed  by  the  accounting  otlicers. 


APPROPRIATIONS,  ESTIMATES,  NAVY,  MARINE  CORPS,  ETC.       175 

to  the  objects  for  which  they  are  respectively  made,  and  1  ^ar;,3>  J80^; 
for  no  others.  Feb.  12,1868,  8.2,' 

v.  15,  ]>.  .'{6. 

SEC.  3679.  No  Department  of  the  Government  shall  ex-    NO  expeadi- 
pend,  in  any  one  fiscal  year,  any  sum  in  excess  of  ttppW^'JS^iitJSif*'' 
priations  made  by  Congress  for  that  fiscal  year,  or  involve    .Tuiyi2,  i87o,s. 
the  Government  in  any  contract  for  the  future  payment  Of  'si-e  notes.' 
money  in  excess  of  such  appropriations. 


and   Supplies, 
Division  I. 

SEC.  3681.  No  accounting  or  disbursing  officer  of  the    AUK.  215,  ^i&42, 
Government  shall  allow  or  pay  any  account  or  charge  what-  Ji^oJL.'iv,  pi 
ever,  growing  out  of,  or  in  any  way  connected  with,  any  106'  Oct-  25'  1842- 
commission  of  inquiry,  except  courts-martial  or  courts  of 
inquiry  in  the  military  or  naval  service  of  the  United  States, 
until  special  appropriations  shall  have  been  made  by  law 
to  pay  such  accounts  and  charges    *     *     *. 

SEC.  3682.  No  moneys  appropriated  for  contingent,  irici-  Restrictions  on 
dental,  or  miscellaneous  purposes  shall  be  expended  or  ™pj!  ^nations6'' 
paid  for  official  or  clerical  compensation.  l)rldem-  8>  '^  p- 

See  under  Con- 
tingent Funds. 

SEC.  3685.  In  no  case  shall  any  special  appro-    Special  apro- 

priation be  available  for  more  than  two  years  without 
further  provision  of  law.  [Exception  for  establishing 
light-houses.] 

SEC.  3686.  All  appropriations  made  for  the  preparation    Foreign  hydro- 

.  ...       ,.  />   /.         '          i       i  i  •  i      11          i      graphic  surveys. 

or  publication  of  foreign  hydrographic  surveys  shall  only    reb.  21,1861,8. 

be  applicable  to  their  object,  upon  the  approval  by  the  Sec-  7'V-12'P-  15° 

retary  of  the  Navy,  after  a  report  from  three  competent 

naval  officers,  to  the  effect  that  the  original  data  for  pro- 

posed charts  are  such  as  to  justify  their  publication;  and  it 

is  hereby  made  the  duty  of  the  Secretary  of  the  Navy  to 

order  a  board  of  three  naval  officers  to  examine  and  report 

upon  the  data,  before  he  shall  approve  of  any  application 

of  money  to  the  preparation  or  publication  of  such  charts 

or  hydrographic  surveys. 

SEC.  3689.  There  are  appropriated,  out  of  any  moneys  .  Permanent  in- 

.,         m  •     a.    j      /•         j.  definite  appro- 

Ill  the  Treasury  not  otherwise  appropriated,  for  the  pur-  priations. 
poses  hereinafter  specified,  such  sums  as  may  be  necessary  2  J^f^JJt2'*' 
for  the  same  respectively;  and  such  appropriations  shall  '16  A.  'G'.  bp., 
be  deemed  permanent  annual  appropriations.    *     *     *        p'685' 
Allowance  for  reduction  of  wages  under  eight-hour 

law: 

Of  such  sum  as  may  be  required  in  the  settlement  of  all  tr7,pcet^  J^f  '  gj|jl 
accounts  for  the  services  of  laborers,  workmen,  and  mechan  pi'ies,  Division  i. 

Note  4.  —  Section  3678  extends  only  to  such  cases  as  relate  to  "  proceeds  of  sales"— 
n  i  ei|it8  which  are  in  the,  nature  or  revenue  belonging  to  no  appropriation,  and  not 
available  for  expenditure  without  authority  from  Congress.  It  does  not  prohibit 
one  Department  from  supplying  articles  to  another,  and  the  transfer  of  appropria- 
tions to  make  reimbursements.  (Op.,  Deo.  20,  1882,  Hrewster.) 

Section  3678  makes  unlawful  the  diversion  of  funds  appropriated  for  one  object  of 
expenditure  to  another  object  of  expenditure,  and  forbids  an  appropriation  for  any 
rged  beyond  the  amount  thereof,  as  fixed  by  Congress.  The 


one  Department  to  another,  and  subsequent  reimburse- 


purpose  to  be  thus  enlarge 

furnishing  of  articles  by 

ments  by  transfer  of  appropriation,  not  a  diversion  or  an  enlargement  contemplated 

by  this  section.     (Op.,  Dec.  20, 1882,  Brewster.) 

Note  5.— No  contract  can  be  made  for  rent  of  buildings,  until  appropriations  are 
made  therefor. 


176   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

ics  employed  by  or  on  behalf  of  the  Government,  between 
the  t  \venty-fifth  day  of  June,  eighteen  hundred  and  sixty- 
eight,  the  date  of  the  act  constituting  eight  hours  a  day's 
work  for  all  such  laborers,  workmen,  and  mechanics,  and 
the  nineteenth  day  of  May,  eighteen  hundred  and  sixty- 
nine,  the  date  of  the  proclamation  of  the  President  con- 
cerning such  pay,  to  settle  and  pay  for  the  same  without 
reduction  on  account  of  reduction  of  hours  of  labor  by  said 
act,  when  it  shall  be  made  to  appear  that  such  was  the 
sole  cause  of  the  reduction  of  wages. 

Indemnity  to  seamen  and  marines  for  lost  clothing: 
July  4,  1864,  as.     To  allow  and  pay  to  each  person,  not  an  officer,  employed 

2,  3,  v.  is,  P.  390.  OQ  a  vessei  Of  the  United  States,  sunk  or  otherwise 
destroyed,  and  whose  personal  effects  have  been  lost,  a 
sum  not  exceeding  sixty  dollars.  In  the  event  of  the  death 
of  the  person,  this  sum  is  to  be  paid  to  his  proper  legal 
representatives. 

Prize  money  to  captors  : 
June  so,  1864,  s.     For  one  moiety  of  the  proceeds  of  prizes  captured  by 

i6,  v.  13,  P.  an.     vessels  of  the  United  States,  to  be  distributed  to  the  officers 

and  crews  thereof,  in  conformity  to  the  provisions  of  Title 

"  PRIZE;"  also,  the  proceeds  of  derelict  and  salvage  cases 

adjudged  by  the  courts  of  the  United  States  to  salvors. 

Expenditure  of     SEC.  3690.  All  balances  of  appropriations  contained  in 

proprfatfonsf  &P'  tne  annual  appropriation  bills  and  made  specifically  for 
July  12,  i87o,8.  the  service  of  any  fiscal  year,  and  remaining  unexpended 

5>  see88ec.?689.  at  the  expiration  of  such  fiscal  year,  shall  only  be  applied 
to  the  payment  of  expenses  properly  incurred  during  that 
year,  or  to  the  fulfillment  of  contracts  properly  made  within 
that  year;  and  balances  not  needed  for  such  purposes  shall 
be  carried  to  the  surplus  fund.  This  section,  however, 
shall  not  apply  to  appropriations  known  as  permanent  or 
indefinite  appropriations. 


aiicesp  after  f  two  ^E0'  ^691.  All  balances  of  appropriations  which  shall 
years.  a  ™  have  remained  on  the  books  of  the  Treasury,  without  being 
c  vuie  p2ffi8i70f  "'  drawn  against  in  the  settlement  of  accounts,  for  two  years 
'  see  '  June'  20,  from  the  date  of  the  last  appropriation  made  by  law,  shall 
be  reported  by  the  Secretary  of  the  Treasury  to  the  Auditor 
of  the  Treasury,  whose  duty  it  is  to  settle  accounts  there- 
under, and  the  Auditor  shall  examine  the  books  of  his 
Office,  and  certify  to  the  Secretary  whether  such  balances 
will  be  required  in  the  settlement  of  any  accounts  pending 
in  his  Office;  and  if  it  appears  that  such  balances  will  not 
be  required  for  this  purpose,  then  the  Secretary  may  include 
such  balances  in  his  surplus-fund  warrant,  whether  the 
head  of  the  proper  Department  shall  have  certified  that  it 
may  be  carried  into  the  general  Treasury  or  not.  But  no 
appropriation,  for  the  payment  of  the  interest  or  principal 
of  the  public  debt,  or  to  which  a  longer  duration  is  given 
by  law,  shall  be  thus  treated. 

July  ae,  1886.       All  balances  of  moneys  appropriated  for  the  pay  of  the 
-^avv  or  Pav  °^  the  Marine  Corps,  for  any  year  existing 
after  the  accounts  for  said  year  shall  have  been  settled 
hito  sliall  be  Covered  irito  the  Treasury. 

Treasury.    B.  S.  sees.  250,  £60,  369J;  Ju»e  20,  1874,  ch.  328,  s.  5  ;  Aug.  30,  1890,  ch.  837,  s.  4. 


RECEIPTS,  EXPENDITURES,  AND    BALANCES.  177 

That  from  and  after  the  first  day  of  July,  eighteen  him-  June  20» 1874- 
dred  and  seventy-four,  and  of  eacli  year   thereafter,  the    unexpended 
Secretary  of  the  Treasury  shall  cause  all  unexpended  bal-^verJd'iut^tho 
ances  of  appropriations  which  shall  have  remained  upon  Treasury, 
the  books  of  the  Treasury  for  two  fiscal  years  to  be  carried  contSue 'avail0 
to  the  surplus  fund  and  covered  into  the  Treasury :  Pro- abie- 
ridal,  That  this  provision  shall  not  apply  to  permanent 
specific  appropriations,  appropriations  for  rivers  and  har- 
bors, light-houses,  fortifications,  public  buildings,  or  the 
pay  of  the  Navy  and  Marine  Corps;  but  the  appropriations 
named  in  this  proviso  shall  continue  available  until  otherwise 
ordered  by  Congress    *     *    *    And^ovid^/urtherf^At 
this  section  shall  not  operate  to  prevent  the  fulfillment  effected, 
contracts  existing  at  the  date  of  the  passage  of  this  act.     8.  s^iU'p!8^ 

June  14, 1878,' s.  4, 
v.  20,  p.  130. 
See  note  6. 

SEC.  3692.  All  moneys  received  from  the  leasing  or  sale      Title  41* 

of  marine  hospitals,  or  the  sale  of  revenue  cutters,  or  from  r-roceedsofcer 
the  sale  of  commissary  stores  to  the  officers  and  enlisted  materiaT' etc'' ° 
men  of  the  Army,  or  from  the  sale  of  materials,  stores,  or  5  ^ay^s,  w^*- 
supplies  sold  to  officers  and  soldiers  of  the  Army,  or  from  Mar.' 3,  is&.s.i,' 
sales  of  condemned  clothing  of  the  Navy,  or  from  sales  of  J^GMsVilu.' 
materials,  stores,  or  supplies  to  any  exploring  or  surveying  u,  p.  40;  July 28,' 
expedition  authorized  by  law,  shall  respectively  revert  to  SJ'j^ne l\  lire,' 
that  appropriation  out  of  which  they  were  originally  v.n  P.  33*  I  Marl 
expended,  and  shall  be  applied  to  the  purposes  for  which388.4io;VFeb.27,' 
they  are  appropriated  by  law.  is??,  v.  19,  p.  249. 

From  and  after  the  passage  of  this  act,  it  shall  be  the  June  19, 1878. 
duty  of  the  Secretary  of  the  Treasury  to  transmit  to  Con-    Tabular  state- 
gress,  annually,  a  tabular  statement  showing  in  detail  the  pTop^tSnl^d 
receipts  and  expenditures  in  the  naval  service  under  each  expenditures, 
appropriation,  as  made  up  and  determined  by  the  proper 
officers  of  the  Treasury  Department,  upon  the  accounts  of 
disbursing  officers  rendered  for  settlement. 

There  shall  be  appended  to  this  statement  an  account  of 
balances  in  the  hands  of  disbursing  agents  at  the  close 
of  each  fiscal  year,  and  a  report  of  any  amounts  lost  or 
unaccounted  for  by  voucher.  June  19,  1878, 

oh.  312,  88. 1,  2,  v. 
20,  p.  167. 

Note  6.— This  section  was  adopted,  after  tbe  fullest  consideration  by  Congress, 
expressly  to  cut  off  the  payment  of  accrued  claims  by  covering  into  the  Treasury, 
after  two  years,  the  balance  of  the  appropriation  from  which  they  might  have  been 
paid.  The  plain  purpose  of  this  act  was  to  confine  the  officers  of  the  G-overnmentto 
the  allowance  and  payment  of  liabilities  within  three  fiscal  years.  Decision  of  the 
Secretary  of  the  Treasury,  April  20,  1877.  The  use  of  appropriations  is  discussed 
in  this  decision. 

37G 12 


178       LAWS    RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 


ATTORNEY-GENERAL—DEPARTMENT  OF  JUSTICE. 


Sec. 

354.  Duties  of  Attorney-General. 

356.  Opinion  of  Attorney-General  upon 

questions  of  law. 

357.  Legal  advice  to  Departments  of  War 

and  Navy. 

358.  Reference  of  questions  by  Attorney- 

General  to  subordinates. 

359.  Conduct  and  argument  of  cases. 

360.  Duties  of  officers  of  Department  of 

Justice. 

361.  Officers  of,  to  perform  services  for 

other  Departments. 


Sec. 

363.  Retaining  counsel  to  aid  district  at- 

torneys. 

364.  Attendance  of  counsel. 

365.  Counsel  fees  restricted. 

366.  Appointment  of  special  counsel. 

367.  Detail  of  officers  to  attend  suits. 
370.  Traveling    expenses    of  officers   so 

detailed. 
383.  Publication  of  opinions. 


Title  8.          SEC.  356.  The  head  of  any  Executive  Department  may 


idem. 


Duties  of  At-  require  the  opinion  of  the  Attorney-General  on  any  ques- 
tosept  2461i7891B  tioiis  of  law  arising  in  the  administration  of  his  Depart- 
35,  v.  i,'  p.  92  j  merit. 

Feb.  27,  1877,  v. 
19,  p.  241. 

Opinion  of  At- 
torney-Gen era  1 
upon  questions  of 
law. 

June  22,  1870,  a. 
6,  v.  16,  p.  163. 

See  note  1. 

Legal  advice  to  gEC.  357.  Whenever  a  question  of  law  arises  in  the 
administration  of  the  Department  of  War  or  the  Depart- 
ment  of  the  Navy,  the  cognizance  of  which  is  not  given  by 
statute  to  some  other  officer  from  whom  the  head  of  the 
Department  may  require  advice,  it  shall  be  sent  to  the 
Attorney-General,  to  be  by  him  referred  to  the  proper  officer 
in  his  Department,  or  otherwise  disposed  of  as  he  may  deem 
proper. 

officers  of  the     SEC.  361.  The  officers  of  the  Department  of  Justice,  under 

pe^orn^arnega"  *ne  direction  of  the  Attorney-General,  shall  give  all  opin- 

services  required  ions  and  render  all  services  requiring  the  skill  of  persons 

Sent8herDepart'  learned  in  the  law  necessary  to  enable  the  President  and 

idem,  a.  14.      heads  of  Departments,  and  the  heads  of  Bureaus  and  other 

Note  1.—  The  law  docs  not  declare  the  effect  of  advice  ;  practice  of  the  Departments 
to  heed  it.  (Op.,  V,  97,  Johnson.) 

Not  the  duty  of  the  Attorney-General  to  give  opinions  on  questions  of  fact,  nor  to 
review  the  proceedings  of  a  court-martial  in  search  of  questions  of  law.  (Op.,  V, 
626,  Crittenden.) 

Does  not  reply  to  speculative  points  or  supposed  cases.  Gives  advice  on  actual 
cases  where  the  special  facts  are  set  forth  by  the  Department.  (Op.,  IX,  82,  Black.  ; 
XIII,  531-568,  Akerman  ;  XII,  433,  Browning.) 

The  opinion  of  the  Attorney-General  forthetime  being  is  in  terms  advisory  to  the 
Secretary  who  calls  for  it  ;  but  it  is  obligatory  as  the  law  of  the  case  unless,  on 
appeal  by  such  Secretary  to  the  common  superior  of  himself  and  the  Attorney- 
General,  namely,  the  President  of  the  United  States,  it  is  by  the  latter  overruled. 
(Op.,  VII,  692,  Cushiug.) 

Will  not  review  the  opinion  of  a  former  Attorney-General  unless  a  proper  case  is 
presented  therefor  and  submitted  by  a  head  of  a  Department.  (Op.,  XI,  189,  Speed.) 

Can  not  act  as  arbitrator  between  the  Government  and  an  individual,  and  can 
therefore  render  no  award  in  the  sense  in  which  the  phrase  is  generally  understood. 
(Op.,  I,  209,  Wirt.)  Declines  to  give  an  opinion  upon  a  question  involving  the  esti- 
1  mation  of  the  weight  and  credibility  of  testimony.  (Op  ,  XIV,  p.  54,  Bristow.) 

Not  required  to  giye  an  opinion  to  the  Senate.  (Op.,  X,  165,  Bates.)  Not  his  duly 
to  give  opinion  on  matters  pending  in  Congress  on  request  of  either  house  or  any 
committee.  (Op.,  XII,  544,  Evarts  ;  XIV,  17,  177,  Williams.)  Not  authorized  to  give 
an  opinion  (official)  in  response  to  a  call  of  the  head  of  a  Department,  although  made 
at  the  request  of  a  committee  of  Congress,  where  the  question  proposed  does  not  arise 
in  the  administration  of  such  Department.  (Op.,  XV,  138,  Taft.) 

Subordinate  officers  who  desire  an  official  opinion  must  seek  it  through  the  head 
of  the  Department  to  which  said  subordinate  is  accountable.  (Op.,  X,  458.)  No 
right  to  give  an  official  opinion  except  where  it  is  his  duty  to  do  so,  that  is,  to  the 
President  and  ht-ad*  of  Dt-partments.  (Op..  I,  335,  VI,  21,  147.)  See  Op.  XIV,  21, 
declining  to  approve  or  disapprove  of  an  opinion  of  nn  assistant  attorney-general  of 
an  Executive  Department—  nut  having  been  called  for  by  the  President'  or  the  head 
pf  a  Department. 


ATTORNEYS    AND    AGENTS    OF    GOVERNMENT. 


179 


officers  in  the  Departments,  to  discharge  their  respective 
duties;  and  shall,  on  behalf  of  the  United  States,  procure 
the  proper  evidence  for,  and  conduct,  prosecute,  or  defend 
all  suits  and  proceedings  in  the  Supreme  Court  and  in  the 
Court  of  Claims,  in  which  the  United  States,  or  any  officer 
thereof,  as  such  officer,  is  a  party  or  may  be  interested  ;  and 
no  fees  shall  be  allowed  or  paid  to  any  other  attorney  or 
counselor  at  law  for  any  service  herein  required  of  the 
officers  of  the  Department  of  Justice,  except  in  the  cases 
provided  by  section  three  hundred  and  sixty-three. 

SEC.  303.  The  Attorney-General  shall,  whenever  in  his  Retaining  coim- 

i    i  .        •  .  •  -•  1  J.      *  S61  IO  cllO.  U181T1CL 

opinion  the  public  interest  requires  it,  employ  and  retain,  attorneys. 
in  the  name  of  the  United  States,  such  attorneys  and  conn-  2*£s\£  p86^8: 
selors  at  law  as  he  may  think  necessary  to  assist  the  d  is-  Mar.'  3,  iW.s.  i,' 
trict  attorneys  in  the  discharge  of  their  duties,  and  shall  Jo^isS,2^.5  ii,pp.' 
stipulate  with  such  assistant  attorneys  and  counsel  the  4«;  June  22,  18$ 
amount  of  compensation,  and  shall  have  supervision  ofs<1'Vl 
their  conduct  and  proceedings. 

SEC.  364.  Whenever  the  head  of  a  Department  or  Bureau  co^n;^ndance  of 
gives  the  Attorney-General  due  notice  that  the  interests  ofc°Febei4,i87i,s. 
the  United  States  require  the  service  of  counsel  upon  the  3>  ^6'  P-  ^12- 

.  /»  •  i    •  i       •  A_I  oGG      bet/.       loi| 

examination  of  witnesses  touching  any  claim,  or  upon  the  claims,  p.  oo. 
legal  investigation  of  any  claim,  pending  in  such  Depart- 
ment or  Bureau,  the  Attorney-General  shall  provide  for 
such  service. 


ATTORNEYS  AND  AGENTS  OF  GOVERNMENT. 


Sec. 

187.  Professional  assistance. 

189.  Employment  of  attorney  sor  counsel. 
1550.  Agents  to  disburse  money  abroad. 


Sec. 

1783.  Persons  interested  not  to  act 

agents  of  the  Government. 
3614.  Bond  of  special  agents. 


SEC.  187.  Whenever    any    head    of  a   Department  or       Title*. 
Bureau  having  made  application  pursuant  to  section  one  "professional 
hundred  and  eighty-four,  for  a  subpoena  to  procure  thejjjjjgjj6*  how 
attendance  of  a  witness  to  be  examined,  is  of  opinion  that    Eeb.i4,'  i87i,s. 
the  interests  of  the  United  States  require  the  attendance  3)  see6'  sec!2'i84, 
of  counsel  at  the  examination,  or  require  legal  investiga-  claims. 
tion  of  any  claim  pending  in  his  Department  or  Bureau, 
he  shall  give  notice  thereof  to  the  Attorney-  General,  and 
of  all  facts  necessary  to  enable  the  Attorney-  General  to 
furnish  proper  professional  service  in  attending  such  exam- 
ination, or  making  such  investigation,  and  it  shall  be  the 
duty  of  the'  Attorney  General  to  provide  for  such  service. 

SEC.  189.  No  head  of  a  Department  shall  employ  attor-    Employment 

*  xi        TT    -^     i    ci.     ?  ±  of  attorneys   or 

neys  or  counsel  at  the  expense  of  the  United  States;  but  counsel. 


when  in  need  of  counsel  or  advice,  shall  call  upon  theg  i^.. 
Department  of  Justice,  the  officers  of  which  shall  attend  'see  'sees.'  364] 
to  the  same. 


SEC.  1550.  No  person  shall  be  employed  or  continued  Title  is,  chap.  7. 
abroad,  to  receive  and  pay  money  for  the  use  of  the  ^^^^  ofAl^^^Sa- 
service  on  foreign  stations,  whether  under  contract  or  burse  money  ou 


otherwise,  who  has  not  been,  or  shall  not  be,  appointed  by    j, 


foe"      '' 


and  with  the  advice  and  consent  of  the  Senate. 


8.4,v,5,p,o3. 


180   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


Title  19-  SEC.  1783.  No  officer  or  agent  of  any  banking  or  other 


Persons  inter-  commercial  corporation,  and  no  member  of  any  mercantile 
"*oftheor  trading  firm,  or  person  directly  or  indirectly  interested 
in  the  pecuniary  profits  or  contracts  of  such  corporation  or 
s,  ^12,  p.  698.°'  °'  firm,  shall  be  employed  or  shall  act  as  an  officer  or  agent 
of  the  United  States  for  the  transaction  of  business  with 
such  corporation  or  firm;  and  every  such  officer,  agent,  or 
member,  or  person,  so  interested,  who  so   acts,  shall  be 
imprisoned  not  more  than  two  years,  and  fined  not  more 
than  two  thousand  dollars  nor  less  than  five  hundred  dollars. 
SEC.  3614.  Whenever  it  becomes  necessary  for  the  head 
Bond  of  special  °^  any  Department  or  office  to  employ  special  agents,  other 
agents.  than  officers  of  the  Army  or  Navy,  who  may  be  charged 

i4^"fo,4p.  5?s!' 8>  with  the  disbursement  of  public  moneys,  such  agents  shall, 
see  note  i.      before  entering  upon  duty,  give  bond  in  such  form  and  with 
Title  Disbursing  such  security  as  the  head  of  the  Department  or  office 
employing  them  may  approve. 


See  not* 


Title  40. 


office™. 


CIVIL  SERVICE— THE  EXECUTIVE  DEPARTMENTS. 


Sec. 

163.  Classification  of  Department  clerks. 

165.  Clerkships  open  to  women. 

166.  Distribution  of  clerks. 

167.  Salaries  of  persons  employed  in  the 

Departments. 

168.  Temporary  clerks. 

169.  Authority  to  em  ploy  clerks  and  other 

employees. 
Restriction. 

170.  Extra  compensation  to  clerks  pro- 

hibited. 

Act  Aug.  5, 1882.  Restriction  on  employ- 
ing extra  clerks  and  their  pay. 

Employees  not  to  be  paid  from  con- 
tingent fund. 

Unauthorized  rates  of  pay  forbidden. 

Lapsed  salaries,  disposition  of. 

1753.  Admission  to  the  civil  service. 

Act  Jan.  16, 1883.  Civil  Service  Commis- 
sioners. 


Sec. 

Duties  of. 

Rules  for  civil-service  act. 

Places  of  meeting;  boards  of  exam- 

iners. 

-    Corruptly  defeating  objects  of  the 
commission. 

Revision  and  classification  of  clerks. 

Persons  subject  to,  and  exempt  from, 

the  rules. 

Habitual  use  of  intoxicating  bever- 

ages a  bar  against  appointment  to 
civil  office. 

Recommendations  of  Congressmen 

not  to  bo  received  except,  etc. 

1754.  Preference  to  disabled  soldiers.  <•(<-. 

1755.  Honorably  discharged  soldiers,  etc., 

commended  to  bankers,  etc. 
Act  Aug.  15, 1876.  In  reducing  force,  pref- 
erence to  honorably  discharged 
soldiers,  etc.,  for. 


Title  4.  SEC.  163.  The  clerks  in  the  Departments  shall  be  arranged 

classification  in  four  classes,  distinguished  as  the  first,  second,  third,  and 

°fer£gePartment  fourth  claSS6S- 

Marl  3,  1853,  s. 
3,  v.  10,  p.  209; 
Mar.  3,  1855,  s.4, 
v.  10,  p.  669. 

clerkships  open      SEC.  165.  Women  may,  in  the  discretion  of  the  head  of 
to  women.          any  Department,  be  appointed  to  any  of  the  clerkships 

Note  1. — No  allowance  can  be  made  for  any  commission  or  inquiry,  except  mili- 
tary or  naval,  until  special  appropriations  are  made  by  Congress  for  the  purpose. 
(Op.,  IV,  106,  Oct.  25,  1842,  Legare.) 

An  Executive  Department  being  charged  with  the  duty  of  seeing  that  the  laws 
are  faithfully  executed,  has  authority  to  appoint  commissioners  or  agents  to  make 
nvestigations  required  by  acts  or  resolutions  of  Congress,  but  it  can  not  pay  them 
except  from  an  appropriation  for  that  purpose.  (Op.,  IV,  248,  Nelson,  Sept.  1M,  IX}::.) 

An  authority  of  a  special  agent  appointed  to  do  a  particular  act  must  be  limited  to 
that  act  and  to  such  acts  as  are  necessary  to  the  performance  of  it.  (Op.,  XI,  521.) 

The  Government  is  not  bound  by  the  act  or  declaration  of  its  agent  unless  it 
manifestly  appears  that  he  acted  within  the  scope  of  his  authority,  or  was  employed 
in  his  capacity  as  a  public  agent  to  do  the  act  or  make  the  declaration  for  it.  (Otto, 
93,  p.  247.  See  C.  C.,  11,599;  IV,  401,  and  VII,  65,  and  Wallace,  VII,  666,  as  to  the 
power  of  agents.) 

Held  by  the  First  Comptroller,  that  a  chief  engineer  of  the  Navy,  appointed  super- 
intendent of  the  State,  War,  and  Navy  Department  building,  under  the  legislative 
appropriation  act  approved  March  3,  1893,  should  give  a  bond,  as  his  duties  as  such 
were  in  no  way  connected  with  the  Navy  and  his  disbursements  would  be  of  civil 
appropriations.  See  Title,  Navy  Department.  (State,  War  and  Navy  Building.) 

NoteS.— The  employment  of  any  officer  of  the  Navy  or  Marine  Corps  by  any  per- 
son or  corporation  furnishing  naval  supplies  or  war  material  to  the  Government  is 
declared  to  be  unlawful  by  act  of  June  10, 1896.  (29  Stats.  L.,  361.) 


CIVIL    SERVICE  -  EXECUTIVE    DEPARTMENTS.  181 


therein  authorized  by  law,  upon  the  same  requisites  and  2  Jvlll{61         0 
conditions,  and  with  the  same  compensations,  as  are  pre-  25<x' 
scribed  for  men. 

"SEC.  16G.  Each  head  of  a  Department  may,  from  time  May  25,  1896. 
to  time,  alter  the  distribution  among  the  various  bureaus  29  stat.  L.,  m 
and  offices  of  his  Department,  of  the  clerks  and  other  47fupp>  voh  2)  IK 
employees  allowed  bylaw,  except  such  clerks  or  employees  substitute  for 
as  may  be  required  bylaw  to  be  exclusively  engaged  upon  \^  ecutfve  De- 
some  specific  work,  as  he  may  find  it  necessary  and  proper  pa^tinents.^  d 

to  do,  tai!6of  clerks/  °" 

but  all  details  hereunder  shall  be  made  by  written  order  —to  be  by  writ- 
of  the  head  of  the  Department, 

and  in  no  case  be  for  a  period  of  time  exceeu.ng  one  hun-  -limited  to  120 
dred  and  twenty  days. 

Provided^  That  details  so  made  may,  on  expiration,  be—  may  be  re- 
renewed  from  time  to  time  by  written  order  of  the  head  of  nt 
the  Department,  in  each  particular  case,  for  periods  of  not 
exceeding  one  hundred  and  twenty  days.    All  details  here- 
tofore made  are  hereby  revoked,  but  may  be  renewed  as 
provided  herein." 

SEC.  1G7.  The  annual  salaries  of  clerks  and  employes  in    salaries  of  per- 
the  Departments,  whose  compensation  is  not  otherwise  pre- 
scribed  ,  shall  be  as  follows  :  v  M«* 

First.  To  clerks  of  the  fourth  class,  eighteen  hundred  Apr! 

flnllnrsj  v.  10,  p.  276;  Aug. 

JlltHb.  |g     jggg     j,^     jg     ™ 

Second.  To  clerks  of  the  third  class,  sixteen  hundred  n!  P.  145  ;'  July 

rl  nil  arc  23,1866,  s.  6,  v.  14, 

dollars.  P.  207;  July  12, 

Third.  To  clerks  of  the  second  class,  fourteen  hundred  ISTO,  s.  3,  v.  ie, 
dollars.  1">-230'm 

Fourth.  To  clerks  of  the  first  class,  twelve  hundred  dol- 
lars. 

Fifth.  To  the  women  employed  in  duties  of  a  clerical 
character,  subordinate  to  those  assigned  to  clerks  of  the 
first  class,  including  copyists  and  counters,  or  temporarily 
employed  to  perform  the  duties  of  a  clerk,  nine  hundred 
dollars. 

Sixth.  To  messengers,  eight  hundred  and  forty  dollars. 

Seventh.  To  assistant  messengers,  seven  hundred  and 
twenty  dollars. 

Eighth.  To  laborers,  seven  hundred  and  twenty  dollars. 
[$GGO,  by  legislative  act  March  3,  1883,  except  otherwise 
specially  appropriated  for.] 

Ninth.  To  watchmen,  seven  hundred  and  twenty  dollars. 

SEC.  1G8.  Except  when  a  different  compensation  is  ex-    Temporary 
pressly  prescribed  by  law,  any  clerk  temporarily  employed  cIApUi  22,  1354,  8. 
to  perform  the  same  or  similar  duties  with  those  belonging  lf  g^jJJjJi6' 
to  clerks  of  either  class,  is  entitled  to  the  same  salary  as  is 
allowed  to  clerks  of  that  class. 

SEC.  169.  Each  head  of  a  Department  is  authorized  to  Authority  to 
employ  in  his  Department  such  number  of  clerks  of  the  and  olher^em8 
several  classes  recognized  by  law,  and  such  messengers,  plg^jt  Au  5 
assistant  messengers,  copyists,  watchmen,  laborers,  andissl. 

Note  1.—  A  clerk  with  a  fixed  salary  is  bound  to  perform  the  duties  of  the  office  for 
the  salary.  If  the  work  of  the  office  be  increased,  requiring  his  services  beyond  the 
established  or  customary  hours,  he  can  not,  if  the  increased  labor  pertains  to  the 
business  of  the  office,  recoive  additional  compensation.  (C.  C.,  XVII,  383.) 


182       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

other  employes,  and  at  sucli  rates  of  compensation,  respec- 
tively, as  may  be  appropriated  for  by  Congress  from  year 
to  year. 

Aug.  is,  1876.       That  the  executive  officers  of  the  Government  are  hereby 

Restriction,     prohibited  from  employing   any   clerk,   agent,   engineer, 

5,  v."f,'p1\96?6's'  draughtsman,  messenger,  watchmen,  laborer,  or  other  em- 

'let"(iu"    5  Pl°y^>  in  aiiy  of  toe  Executive  Departments  in  the  city  of 

1883.  '  Washington,  or  elsewhere,  beyond  provision  made  by  law. 

Title  4.  SEC.  170.  No  money  shall  be  paid  to  any  clerk  employed 

Extra  compen-  in  either  Department  at  an  annual  salary,  as  compensation 

prS?u>itedClerks  for  extra   services,  unless   expressly  authorized   by  law. 

Mar.  3,  1863,  s. 
3,  v.  10,  pp.  209, 
211;  June  17, 
1844,  s.  1,  v.  5,  pp. 
681,687;  Feb.  28, 
1867,  res.  30,  s.  2, 
v.  14,  p.  569.  See 
see.  170,  Extra 
Pay,  Title,  Pay 
and  Allowances, 
Division  I.  See 
note  3. 

Aug.  5,  1882.       That  no  civil  officer,  clerk,  draughtsman,  copyist,  mes- 
scnger,  assistant  messenger,  mechanic,  watchman,  laborer, 


on 

of  3erksaetcpay  or  o^Der  empl°v6  shall  after  the  first  day  of  October  next 
be  employed  in  any  of  the  Executive  Departments,  or  sub- 
ordinate Bureaus  or  offices  thereof  at  the  seat  of  Govern- 
ment, except  only  at  such  rates  and  in  such  numbers, 
respectively,  as  may  be  specifically  appropriated  for  by 
Congress  for  such  clerical  and  other  personal  services  for 
each  fiscal  year. 
civil  employ-  No  civil  officer,  clerk,  draughtsman,  copyist,  messenger, 

from°contingent  assistant  messenger,  mechanic,  watchman,  laborer,  or  other 

appropriations,  employe"  shall  hereafter  be  employed  at  the  seat  of  Govern- 
ment in  any  Executive  Department  or  subordinate  Bureau 
or  office  thereof  or  be  paid  from  any  appropriation  made 
for  contingent  expenses,  or  for  any  specific  or  general  pur- 
pose, unless  such  employment  is  authorized  and  payment 
therefor  specifically  provided  in  the  law  granting  the  appro- 
priation, and  then  only  for  services  actually  rendered  in 
Unauthorised  connection  with  and  for  the  purposes  ol  the  appropriation 

bidden*  1>ay  for  Irom  which  payment  is  made,  and  at  the  rate  of  compen- 
sation usual  and  proper  for  such  services. 

After  the  first  day  of  October  next  section  one  hundred 
and  seventy-two  of  the  Revised  Statutes,  and  all  other 
laws  and  parts  of  laws  inconsistent  with  the  provisions  of 
this  act,  and  all  laws  and  parts  of  laws  .authorizing  the 
employment  of  officers,  clerks,  draughtsmen,  copyists,  mes- 
sengers, assistant  messengers,  mechanics,  watchmen,  labor- 
ers, or  other  employes  at  a  different  rate  of  pay  or  in  excess 
of  the  numbers  authorized  by  appropriations  made  by  Con- 
gress, be,  and  they  are  hereby,  repealed;  and  thereafter  all 

Note  2.  —  In  the  absence  of  constitutional  restriction,  the  future  compensation  of  a 
public  officer  may  be  altered  at  pleasure  by  the  legislature  during  his  incumbency, 
without  violating  any  legal  right  vested  in  him  bv  virtue  of  his  appointment.  (Op., 
XV,  317,Devens,Junel8,  3877.) 

Note  8.—  Where  the  service  is  one  required  by  law  and  compensation  is  fixed  by 
competent  authority  and  is  appropriated,  an  officer  who  under  due  authorization  per- 
forms the  service  is  entitled  to  the  compensation.  (Op.,  XV,  608.) 


CIVIL    SERVICE  -  EXECUTIVE    DEPARTMENTS.  183 


details  of  dvil  officers,  clerks,  or  other  subordinate  em* 
ployes  from  places  outside  of  the  District  of  Columbia  foroiftsSe  District 
duty  within  the  District  of  Columbia,  except  temporary  ^^Jj;™^  for 
details  for  duty  connected  with  their  respective  offices,  be, 
and  are  hereby,  prohibited  ;  and  thereafter  all  moneys  ac-    Lapsed 
cruing  from  lapsed  salaries,  or  from  unused  appropriations  "ibid. 
for  salaries,  shall  be  covered  into  the  Treasury.  See  note  4. 

SEC.  1753.  The  President  is  authorized  to  prescribe  such       Title  10. 
regulations  for  the  admission  of  persons  into  the  civil  serv-    president  to 
ice  of  the  United  States  as  may  best  promote  the  efficiency  regulate  admis- 

.,  »  -,  1-j.i/j/  />  i  j«  -i    i        •      sions  to  the  civil 

thereof,  and  ascertain  the  fitness  of  each  candidate  in  service. 
respect  to  age,  health,  character,  knowledge,  and  ability  9  ^iJ;^1^1'  8* 
for  the  branch  of  service  in  to  which  he  seeks  to  enter;  and 
for  this  purpose  he  may  employ  suitable  persons  to  conduct 
such  inquiries,  and  may  prescribe  their  duties,  and  estab- 
lish regulations  for  the  conduct  of  persons  who  may  receive 
appointments  in  the  civil  service. 

The  President  is  authorized  to  appoint,  by  and  with  the  Jan.  10,  isss. 
advice  and  consent  of  the  Senate,  three  persons,  not  more    22stat.L.,403. 
than  two  of  whom  shall  be  adherents  of  the  same  party,  as  ofA^PJJjn|  fr*^  * 
Civil  Service  Commissioners,  and  said  three  commissioners  commissioners?6 
shall  constitute  the  United  States  Civil  Service  Commis- 
sion.    Said  commissioners  shall  hold  no  other  official  place 
under  the  United  States. 

The  President  may  remove  any  commissioner  ;  and  any 
vacancy  in  the  position  of  commissioner  shall  be  so  filled  by 
the  President,  by  and  with  the  advice  and  consent  of  the 
Senate,  as  to  conform  to  said  conditions  for  the  first  selec- 
tion of  commissioners. 

The  commissioners  shall  each  receive  a  salary  of  three    salary  and  ex- 
thousand  five  hundred  dollars  a  year.    And  each  of  saidpen 
commissioners  shall  be  paid  his  necessary  traveling  expenses 
incurred  in  the  discharge  of  his  duty  as  a  commissioner. 

SEC.  2.  That  it  shall  be  the  duty  of  said  commissioners:    Duty  of  the 

FIRST.  To  aid  the  President,  as  he  may  request,  in  pre-  " 
paring  suitable  rules  for  carrying  this  act  into  effect,  and 
when  said  rules  shall  have  been  promulgated  it  shall  be 
the  duty  of  all  officers  of  the  United  States  in  the  Depart- 
ments and  offices  to  which  any  such  rules  may  relate  to  aid, 
in  all  proper  ways,  in  carrying  said  rules,  and  any  modifi- 
cations thereof,  into  effect. 

SECOND.  And,  among  other  things,  said  rules  shall  pro-    Rules  for  civil 
vide  and  declare,  as  nearly  as  the  conditions  of  good  admin-  s< 
istration  will  warrant,  as  follows: 

First,  for  open,  competitive  examinations  for  testing  the 
fitness  of  applicants  for  the  public  service  now  classified  or 

Xot.'4.—  Civil  officers  are  usually  divided  into  three  classes:  political,  judicial 
and  ministerial.  But  persons  actually  and  properly  employed  in  the  Executive 
Departments  or  in  Bureaus  or  Divisions  thereof,  by  an  officer  charged  with  that  duty 
and  authorized  by  law  to  fix  their  compensation,  are  persons  in  the  civil  service. 
(\Vallace,  XIII,  508;  C.  C.,  VII,  290.) 

Laborers,  mechanics,  machinists,  etc.,  in  navy-yurds,  paid  by  the  day,  are  civil 
employees  within  the  meaning  of  the  20  per  cent  acts.  Printers  paid  by  the  em  or 
note  engravers  by  the  piece  are  not.  (Wallace,  XX,  179  ;  C.  C.,  IX,  104.) 


184   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

to  be  classified  hereunder.  Such  examinations  shall  be 
practical  in  their  character,  and  so  far  as  may  be  shall  relate 
to  those  matters  which  will  fairly  test  the  relative  capacity 
and  fitness  of  the  persons  examined  to  discharge  the  duties 
of  the  service  into  which  they  seek  to  be  appointed. 

Second,  that  all  the  offices,  places,  and  employments  so 
arranged  or  to  be  arranged  in  classes  shall  be  filled  by  selec- 
tions according  to  grade  from  among  those  graded  highest 
as  the  results  of  such  competitive  examinations. 

Third,  appointments  to  the  public  service  aforesaid  in 
the  Departments  at  Washington  shall  be  apportioned 
among  the  several  States  and  Territories  and  the  District 
of  Columbia  upon  the  basis  of  population  as  ascertained  at 
the  last  preceding  census.  Every  application  for  an  exami- 
nation shall  contain,  among  other  things,  a  statement, 
under  oath,  setting  forth  his  or  her  actual  bona  fide  resi- 
dence at  the  time  of  making  the  application,  as  well  as 
how  long  he  or  she  has  been  a  resident  of  such  place. 

Fourth,  that  there  shall  be  a  period  of  probation  before 
any  absolute  appointment  or  employment  aforesaid. 

Fifth,  that  no  person  in  the  public  service  is  for  that 
reason  under  any  obligations  to  contribute  to  any  political 
fund,  or  to  render  any  political  service,  and  that  he  will 
not  be  removed  or  otherwise  prejudiced  for  refusing  to 
do  so. 

Sixth,  that  no  person  in  said  service  has  any  right  to  use 
his  official  authority  or  influence  to  coerce  the  political 
action  of  any  person  or  body. 

Seventh,  there  shall  be  non-competitive  examinations  in 
all  proper  cases  before  the  commission,  when  competent 
persons  do  not  compete,  after  notice  has  been  given  of  the 
existence  of  the  vacancy,  under  such  rules  as  may  be  pre- 
scribed by  the  commissioners  as  to  the  manner  of  giving 
notice. 

Eighth,  that  notice  shall  be  given  in  writing  by  the  ap- 
pointing power  to  said  commission  of  the  persons  selected 
for  appointment  or  employment  from  among  those  who 
have  been  examined,  of  the  place  of  residence  of  such  per- 
sons, of  the  rejection  of  any  such  persons  after  probation, 
of  transfers,  resignations,  and  removals,  and  of  the  date 
thereof,  and  a  record  of  the  same  shall  be  kept  by  said 
commission.  And  any  necessary  exceptions  from  said  eight 
fundamental  provisions  of  the  rules  shall  be  set  forth  in 
connection  with  such  rules,  and  the  reasons  therefor  shall 
be  stated  in  the  annual  reports  of  the  commission. 

THIRD.  Said  commission  shall,  subject  to  the  rules  that 
may  be  made  by  the  President,  make  regulations  for,  and 
have  control  of,  such  examinations,  and,  through  its  mem- 
bers or  the  examiners,  it  shall  supervise  and  preserve  the 
records  of  the  same;  and  said  commission  shall  keep  min- 
utes of  its  own  proceedings. 

FOURTH.  Said  commission  may  make  investigations 
concerning  the  facts,  and  may  report  upon  all  matters 
touching  the  enforcement  and  effects  of  said  rules  and 
regulations,  and  concerning  the  action  of  any  examiner 
or  board  of  examiners  hereinafter  provided  for,  and  its 


CIVIL    SERVICE  -  EXECUTIVE    DEPARTMENTS.  185 

own  subordinates,  and   those    in  the    public   service,  in 
respect  to  the  execution  of  this  act. 

FIFTH.  Said  commission  shall  make  an  annual  report  to 
the  President  for  transmission  to  Congress,  showing  its 
own  action,  the  rules  and  regulations  and  the  exceptions 
thereto  in  force,  the  practical  effects  thereof,  and  any  sug- 
gestions it  may  approve  for  the  more  effectual  accomplish- 
ment of  the  purposes  of  this  act. 

SEC.  3.  *  *  *  The  commission  shall,  at  Washing-  .  Places  of  meet- 
ton,  and  in  one  or  more  places  in  each  State  and  Territory 
where  examinations  are  to  take  place,  designate  and  select 
a  suitable  number  of  persons,  not  less  than  three,  in  the 
official  service  of  the  United  States,  residing  in  said  State 
or  Territory,  after  consulting  the  head  of  the  Department 
or  office  in  which  such  persons  serve,  to  be  members  of 
boards  of  examiners,  and  may  at  any  time  substitute  any 
other  person  in  said  service  living  in  such  State  or  Terri- 
tory in  the  place  of  any  one  so  selected.  Such  boards  of 
examiners  shall  be  so  located  as  to  make  it  reasonably  con- 
venient and  inexpensive  for  applicants  to  attend  before 
them;  and  where  there  are  persons  to  be  examined  in  any 
State  or  Territory,  examinations  shall  be  held  therein  at 
least  twice  in  each  year.  It  shall  be  the  duty  of  the  col- 
lector, postmaster,  and  other  officers  of  the  United  States, 
at  any  place  outside  of  the  District  of  Columbia  where 
examinations  are  directed  by  the  President  or  by  said 
board  to  be  held,  to  allow  the  reasonable  use  of  the  public 
buildings  for  holding  such  examinations,  and  in  all  proper 
ways  to  facilitate  the  same. 


SEC.  5.  That  any  said  commissioner,  examiner,  copyist, 
or  messenger,  or  any  person  in  the  public  service  who 
shall  willfully  and  corruptly,  by  himself  or  in  co-operation  commission. 
with  one  or  more  other  persons,  defeat,  deceive,  or  obstruct 
any  person  in  respect  of  his  or  her  right  of  examination 
according  to  any  such  rules  or  regulations,  or  who  shall 
willfully,  corruptly,  and  falsely  mark,  grade,  estimate,  or 
report  upon  the  examination  or  proper  standing  of  any 
person  examined  hereunder,  or  aid  in  so  doing,  or  who 
shall  willfully  and  corruptly  make  any  false  representations 
concerning  the  same  or  concerning  the  person  examined,  or 
who  shall  willfully  and  corruptly  furnish  to  any  person  any 
special  or  secret  information  for  the  purpose  of  either 
improving  or  injuring  the  prospects  or  chances  of  any  per- 
son so  examined,  or  to  be  examined,  being  appointed, 
employed,  or  promoted,  shall  for  each  such  offense  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  punished  by  a  fine  of  not  less  than  one 
hundred  dollars,  nor  more  than  one  thousand  dollars,  or 
by  imprisonment  not  less  than  ten  days,  nor  more  than 
one  year,  or  by  both  such  fine  and  imprisonment. 

SEC.C.  *     *     *    Third.  That  from  time  to  time    *     * 
each  of  the  heads  of  Departments  mentioned  in  the  one  ran  {rein  en  t  jf 
hundred  and  fifty-eighth  section  of  the  Revised  Statutes 
[the  7  principal  Departments]  and  each  head  of  an  office, 


186       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

shall,  on  the  direction  of  the  President,  and  for  facilitating 
the  execution  of  this  act,  respectively  revise  any  then  exist- 
ing classification  or  arrangement  of  those  in  their  respective 
Departments  and  offices,  and  shall,  for  the  purposes  of  the 
examination  herein  provided  for,  include  in  one  or  more  of 
such  classes,  so  far  as  practicable,  subordinate  places, 
clerks,  and  officers  in  the  public  service  pertaining  to  their 
respective  Departments  not  before  classified  for  examina- 
tion. 

Persons  subject  SEC.  7.  That  after  the  expiration  of  six  months  from  the 
from"he  rufes?*1  passage  of  this  act  no  officer  or  clerk  shall  be  appointed, 
and  no  person  shall  be  employed  to  enter  or  be  promoted 
in  either  of  the  said  classes  now  existing,  or  that  may  be 
arranged  hereunder  pursuant  to  said  rules,  until  he  has 
passed  an  examination,  or  is  shown  to  be  specially  exempted 
from  such  examination  in  conformity  herewith.  But  noth- 
ing herein  contained  shall  be  construed  to  take  from  those 
honorably  discharged  from  the  military  or  naval  service 
any  preference  conferred  by  the  seventeen  hundred  and 
fifty-fourth  section  of  the  llevised  Statutes,  nor  to  take 
from  the  President  any  authority  not  inconsistent  with 
this  act  conferred  by  the  seventeen  hundred  and  fifty  -third 
section  of  said  statutes;  nor  shall  any  officer  not  in  the  ex- 
ecutive branch  of  the  Government,  or  any  person  merely 
employed  as  a  laborer  or  workman,  be  required  to  be  clas- 
sified hereunder;  nor,  unless  by  direction  of  the  Senate, 
shall  any  person  who  has  been  nominated  for  confirmation 
by  the  Senate,  be  required  to  be  classified  or  to  pass  an 
examination. 

Habitual  me  of  SEC.  8.  That  4io  person  habitually  using  intoxicating 
e^ages»  b»r  beverages  to  excess  shall  be  appointed  to,  or  retained  in, 
against  appoint-  any  office,  appointment,  or  employment  to  which  the  pro- 

visions of  this  act  are  applicable. 

Not  raore*than     SEC.  0.  That  whenever  there  are  already  two  or  more 
eligible  &  family  members  of  a  family  in  the  public  service  in  the  grades 
covered  by  this  act,  no  other  member  of  such  family  shall 
be  eligible  to  appointment  to  any  of  said  grades. 
a-     SEC.  10.  That  no  recommendation  of  any  person  who  shall 
e-  apply  for  office  or  place  under  the  provisions  of  this  act 
ceived,    except,  which  may  be  given  by  any  Senator  or  member  of  the  House 
e  Jan.  16,  i88:i,  of  Representatives,  except  as  to  the  character  or  residence 
22seean<rto  5>4°8'  °^  ^ue  applicant,  shall  be  received  or  considered  by  any  per- 
son concerned  in  making  any  examination  or  appointment 
under  this  act. 

Jan.  16,1883.       SEC.  11.  That  no  Senator,  or  Representative,  or  Territo- 

stat.  L.,  v.  22,  rial  Delegate  of  the  Congress,  or  Senator,  Representative, 

p-408-,  .  or  Delegate  elect,  or  any  officer  or  employee  of  either  of 

Contribution!       .  ,   ,     '  ..  "  J    ,.          .     ,.    .    ,        *,.? 

for  political  pur-  said  houses,  and  no  executive,  judicial,  military,  or  naval 
etc0  by  officer  of  the  United  States,  anil  no  clerk  or  employee  of 


certain  officers,  any  department,  branch  or  bureau  of  the  executive,  judi- 
cial, or  military  or  naval  service  of  the  United  States,  shall, 
directly  or  indirectly,  solicit  or  receive,  or  be  in  any  man- 
ner concerned  in  soliciting  or  receiving,  any  assessment, 
subscription,  or  contribution  for  any  political  purpose  what- 
ever, from  any  officer,  clerk,  or  employee  of  the  United 


CIVIL    SERVICE EXECUTIVE    DEPARTMENTS.  187 

States,  or  any  department,  branch,  or  bureau  thereof,  or 
from  any  person  receiving  any  salary  or  compensation  from 
moneys  derived  from  the  Treasury  of  the  United  States. 

SEC.  12.  That  no  person  shall,  in  any  room  or  building  -nor received  in 
occupied  in  the  discharge  of  official  duties  by  any  officer1'11 
or  employee  of  the  United  States  mentioned  in  this  act,  or 
in  any  navy-yard,  fort,  or  arsenal,  solicit  in  any  manner 
whatever,  or  receive  any  contribution   of  money  or  any 
other  thing  of  value  for  any  political  purpose  whatever. 

SEC.  13.  No  officer  or  employee  of  the  United  States  men    immunity  from 
tioned  in  this  act  shall  discharge,  or  promote,  or  degrade,  ffij^fcj*0* 
or  in  manner  change  the  official  rank  or  compensation  of 
any  other  officer  or  employee,  or  promise  or  threaten  so  to 
do,  for  giving  or  withholding  or  neglecting  to  make  any 
contribution  of  money  or  other  valuable  thing  for  any  polit- 
ical purpose. 

SEC.  14.  That  no  officer,  clerk,  or  other  person  in  the  serv-    Giving  money, 
ice  of  the  United  States  shall,  directly  or  indirectly,  give  ?o?pomic0a?pur9 
or  hand  over  to  any  other  officer,  clerk,  or  person  in  the  poses  prohibited. 
service  of  the  United  States,  or  to  any  Senator  or  Member 
of  the  House  of  Jtepresentatives,  or  Territorial  Delegate, 
any  money  or  other  valuable  thing  on  account  of  or  to  be 
applied  to  the  promotion  of  any  political  object  whatever. 

SEC.  15.  That  any  person  who  shall  be  guilty  of  violat-  Penalty. 
ing  any  provision  of  the  four  foregoing  sections  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall,  on  conviction 
thereof,  be  punished  by  a  fine  not  exceeding  five  thousand 
dollars,  or  by  imprisonment  for  a  term  not  exceeding  three 
years,  or  by  such  fine  and  imprisonment  both,  in  the  dis- 
cretion of  the  court. 

******* 

SEC.  1754.  Persons  honorably  discharged  from  the  mili-      Title  19. 
tary  or  naval  service  by  reason  of  disability  resulting  from    rrefereiice  of 
wounds  or  sickness  incurred  in  the  line  of  duty,  shall 
preferred  for  appointments  to  civil  offices,  provided  they 
are  found  to  possess  the  business  capacity  necessary  for  the  re^a^'0  ^7  s88i' 
proper  discharge  of  the  duties  of  such  offices.  v?8i3,p°57i.' 8< 

SEC.  1755.  In  grateful  recognition  of  the  services,  sacri- 
fices,  and  sufferings  of  persons  honorably  discharged  from 
the  military  and  naval  service  of  the  country,  by  reason  of  so"^m  gec  2 
wounds,  disease,  or  the  expiration  of  terms  of  enlistment,  it 
is  respectfully  recommended  to  bankers,  merchants,  manu- 
facturers, mechanics,  farmers,  and  persons  engaged  in  indus- 
trial pursuits,  to  give  them  the  preference  for  appointments 
to  remunerative  situations  and  employments. 

Provided^  That  in  making  any  reduction  of  force  in  any  Aug.  is,  1876. 
of  the  Executive  Departments,  the  head  of  such  Depart-    preference  to 
inent  shall  retain  those  persons  who  may  be  equally  quali-<]!3(iliars(;(1    »o1- 

.cjii  i  i  -iiTi  i  £          \.\  -T.L          diere  nno  sailors 

fled,  who  have  been  honorably  discharged  from  the  military  in  m;iitrr*  of  r«- 
or  naval  service  of  the  United  States,  and  the  widows  and  dl^tuig11815  1876 
orphans  of  deceased  soldiers  and  sailors.  s. 3,  v.  io,  J».  us.  ' 

Note  5. — There  aro  three  branches  of  service  classified  under  the  civil-service  act. 
Those  in  the  Departments  at  Washington  are  designated  "The  classified  depart- 
mental service."  The  general  bonrd  of  examiners  for  this  service  consists  of  two 
persons  from  the  Treasury  Department,  two  from  the  Post-Office  Department,  two 
from  the  Interior  Department,  and  one  from  each  of  the  other  Departments. 


188   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


OATH  OF  OFFICE,  ETC. 


Sec. 

1756.  Official  oath— form  of. 

1757.  Oath  for  certain  persons. 

1758.  "Who  may  administer  oath. 

1759.  Custody  of  oath. 


Sec. 

1778.  Other  persons  before  whom   oath 

may  he  taken. 
Act  January  16,  1883.  Contributions,  etc. 


Repeal  of  R.  S 
sec. 1756. 


penalties,  etc 
not  aftected 


Oath 
tain 


for   cer- 


is,  1884.       That  section  seventeen  hundred  and  fifty-six  of  the  lie- 
.  R.  s.,  p.  vised  Statutes  be,  and  the  same  is  hereby,  repealed; 
428-  And  hereafter  the  oath  to  be  taken  by  any  person  elected 

Official  oath,  •    j.    j  j_  /*»  *»i  i.T      •ii  ,, 

form  of.  or  appointed  to  any  office  of  honor  or  profit  either  in  the 

Au^r' 829C'  1890,  ciyil)  military,  or  naval  service,  except  the  President  of 
ch.  82o,' s.  i'.        the  United  States,  shall  be  as  prescribed  in  section  seven- 
teen hundred  and  fifty- seven  of  the  Eevised  Statutes. 

But  this  repeal  shall  not  affect  the  oaths  prescribed  by 
existing  statutes  in  relation  to  the  performance  of  duties  in 
special  or  particular  sub  ordinate  offices  and  employments. 
Existing     SEC.  3.  That  the  provisions  of  this  act  shall  in  no  man- 
68 '  ner  affect  any  right,  duty,  claim,  obligation,  or  penalty  now 
existing  or  already  incurred ;  and  all  and  every  such  right, 
duty,  claim,  obligation,  and  penalty  shall  be  heard,  tried, 
and  determined,  and  effect  shall  be  given  thereto,  in  the 
same  manner  as  if  this  act  had  not  been  passed. 

SEC.  1757.  Whenever  any  person  who  is  not  rendered 
tajnufyrTinsi868,  ineligible  to  office  by  the  provisions  of  the  fourteenth 
cs'  F39b  is  lisfi'  ameildinciit  to  the  Constitution  is  elected  or  appointed  to 
ch! 53,ev.'i6,'P.4i2'.  any  office  of  honor  or  trust  under  the  Government  of  the 
United  States,  and  is  not  able,  on  account  of  his  participa- 
tion in  the  late  rebellion,  to  take  the  oath  prescribed  in 
the  preceding  section,  he  shall,  before  entering  upon  the 
duties  of  his  office,  take  and  subscribe  in  lieu  of  that  oath 
the  following  oath:  "I,  A  B,  do  solemnly  swear  (or  affirm) 
that  I  will  support  and  defend  the  Constitution  of  the 
United  States  against  all  enemies,  foreign  and  domestic; 
that  1  will  bear  true  faith  and  allegiance  to  the  same;  that 
I  take  this  obligation  freely  without  any  mental  reserva- 
tion or  purpose  of  evasion;  and  that  I  will  well  and  faith- 
fully discharge  the  duties  of  the  office  on  which  I  am  about 
to  enter.  So  help  me  God." 

who  may  ad-  SEC.  1758.  The  oath  of  office  required  by  either  of  the 
mAug?ro,ati88i,  two  preceding  sections  may  be  taken  before  any  officer 
A2rVi'8fi3cfi>;  W^10  *s  authorized  either  by  the  laws  of  the  United  States, 
eelv'.i^p.  3i,CasOr  by  the  local  municipal  law,  to  administer  oaths,  in  the 
o°aatdh  Binifnerthi  Sfcate>  Territory,  or  District  where  such  oath  may  be 
senate.  administered. 

August  29, 1890.  And  no  officer,  clerk,  or  employee  of  any  executive  depart- 
26  stat.  L.,  370.  meiit  who  is  also  a  (1)  notary  public  or  other  officer  author- 
onicer^dlarge  ize(l  t°  administer  oaths,  shall  charge  or  receive  any  fee  or 
fees  for  oath  of  compensation  for  administering  oaths  of  office  to  employees 
pioyeeL  to  ™ "  of  such  department  required  to  be  taken  on  appointment  or 
1759  S>  ^  1757~  promotion  therein. 

May  13, 1884,  ch.46,  ante,  p.  428. 


Note  1.— For  laws  as  to  notaries  pnhlic  in  the  District  of  Columbia,  see  R.  S.  of  D. 
C.,  $§  979-992,  1878,  June  7,  ch.  162,  §  5. 


OATH    OF    OFFICE  -  DEPARTMENTAL    REGULATIONS.  189 


And  the  Chief  Clerks  of  the  several  Executive  Depart- 
ments  and  of  the  various  bureaus  and  offices  thereof 
Washington,  District  of  Columbia,  are  hereby  authorized  J^"^^0**11  ot 
and  directed,  on  application  and  without  compensation0 
therefor,  to  administer  oaths  of  office  to  employees  required 
to  be  taken  on  their  appointment  or  promotion. 

SEC.  2.  [Superseded  by  1801,  March  3,  ch.  548,  §  1.] 

SEC.  1759.  The  oath  of  office  taken  by  any  person  pur-    Custody  of 
suant  to.  the  requirements  of  section  seventeen  hundred  Oajuiy2ii862,cii. 
and  fifty  -six,  or  of  section  seventeen  hundred  and  fifty-  128,  v.  12,  p.  562.  ' 
seven,  shall  be  delivered  in  by  him  to  be  preserved  among 
the  files  of  the  House  of  Congress,  Department,  or  court 
to  which  the  office  in  respect  to  which  the  oath  is  made 
may  appertain. 

SEC.  1778.  In  all  cases  in  which,  under  the  laws  of  the    Taking  oaths 
United  States,  oaths  or  acknowledgments  may  now   be  nTentsCkn< 
taken  or  made  before  any  justice  of  the  peace  of  any  State  v  |ep*-4J|'  J-8^0- 
or  Territory,  or  in  the  District  of  Columbia,  they  may  here-  29,  ISM,  s.  i'  v.'i<\ 
after  be  also  taken  or  made  by  or  before  any  notary  public  Pt315> 
duly  appointed  in  any  State,  District,  or  Territory,  or  any 
of  the  commissioners  of  the  circuit  courts,  and,  when  certi- 
fied under  the  hand  and  official  seal  of  such  notary  or 
commissioner,  shall  have  the  same  force  and  effect  as  if 
taken  or  made  by  or  before  such  justice  of  the  peace. 

DEPARTMENT   REGULATIONS. 

Sec.  :  Sec. 

161.  Departmental  regulations.  175.   Duty  of  chief  on  receipt  of  report. 

Act  March  3,  1883.  Hours  of  business.        j  176.  Disbursing  clerks. 

Act  March  3,  18',»:j.  Holidays.  !  194.   Report  of  clerks  employed. 

173.  Chief  clerks  to  supervise  subordi-     195.   Time  of  submitting  annual  reports. 

nate  clerks.  198.   Biennial  list  of  employees. 

174.  Chief  clerks  to  distribute  duties,  etc.  : 

SEC.  101.  The  head  of  each  Department  is  authorized  to       Title  4. 
prescribe  regulations,  not  inconsistent  with  law,  for  the^r" 

a  i  •      T-^.  j.i  i  /•   •  /v*  Departmental 

government  of  his  Department,  the  conduct  of  its  officers  regulations. 
and  clerks,  the  distribution  and  performance  of  its  business,  i.Jjjf 
and  the  custody,  use,  and  preservation  of  the  records,  "89,  v!  i, 
papers,  and  property  appertaining  to  it. 

p.65;June8,l872 
v.17,  p,283;  Apr. 
30,  1798,  v.  1,  p. 
553;  June  22,  1870, 
8.  8,  v.  16,  p.  163  ; 
Mar.  3,  1849,  v.  9, 
p.  395. 

SEC.  4.  That  hereafter  it  shall  be  the  duty  of  the  heads   Mar.  3,  isss. 
of  the  several  Executive  Departments,  in  the  interest  of  the    Hours  of  labor 
public  service,  to  require  of  all  clerks  and  other  employes,    0 
of  whatever  grade  or  class,  in  their  respective  Departments  Depa 
not  less  than  seven  hours  of  labor  each  day,  except  Sun-  chYf';83'  1883' 
days  and  days  declared  public  holidays  by  law,  or  execu-  c  20  \".GT.  Op.,  p. 
tive  order:  Provided,  That  the  heads  of  the  Departments  30:j< 
may  by  special  order,  stating  the  reason,  further  extend  or 
limit  the  hours  of  service  of  any  clerk  or  employ6  in  their 
Departments  respectively,  but  in  case  of  an  extension  it 
shall  be  without  additional  compensation,  and  all  absence 
from  the  Departments  on  the  part  of  said  clerks  or  other 
employes,  in  excess  of  such  leave  of  absence  as  may  be 


190   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

granted  by  the  heads  thereof,  which  shall  not  exceed  thirty 
days  in  any  one  year,  except  in  case  of  sickness,  shall  be 
without  pay. 

SEC.  5.  That  all  acts  or  parts  of  acts  inconsistent  or  in 
conflict  with  the  provisions  of  this  act  are  hereby  repealed. 
Mar.  3,   1893,     That  on    and  after  July  first,   eighteen   hundred  and 
SiAS"'1La  ninety- three,  it  shall  be  the  duty  of  the  heads  of  the  sey- 
Seven  hours  of  eral  Executive  Departments,  iii  the  interest  of  the  public 
cicrksm Depart-  service,  to   require  of  all  clerks  and  other  employes  of 
"MA"  GO)    >  whatever  grade  or  class,  in  their  respective  departments, 
607.  p'niot  less  than  seven  hours  of  labor  each  day,  except  Sun- 

days and  days  declared  public  holidays  by  law  or  execu- 
tive order: 

Mar. 3, 1883,  ch.     Provided,  That  the  heads  of  the  Department  may  by 

R8s8?409)(.1SupP'  special  order,  stating  the  reason,  further  extend  or  limit  the 

May    be    ex-  hours  of  service  of  any  clerk  or  employe  in  their  Depart- 

itedded  °r  lim"ments,  respectively ;  but  in  case  of  an  extension  it  shall  be 

without  additional  compensation: 

Annual  and     And  provided  further.  That  the  head  of  any  Department 
pay.  leave  with  may  grant  thirty  days  annual  and  thirty  days  sick  leave 
with  pay  in  any  one  year,  to  each  clerk  or  employe,  the  sick 
leave  to  be  allowed  in  cases  of  personal  illness  only,  or 
where  some  member  of  the  immediate  family  is  afflicted 
with  a  contagious  disease,  and  requires  the  care  and  attend- 
ance of  such  employe,  or  where  his  or  her  presence  in  the 
Department  would  jeopardize  the  health  of  fellow  clerks: 
Extension    of     And  be  it  further  provided,  That  in  exceptional  and  rneri- 
sick  leave;  limit,  ^orious  cases,  where  to  limit  such  sick  leave  would  work 
peculiar  hardship,  it  may  be  extended,  in  the  discretion  of 
the  head  of  the  Department,  with  pay  not  exceeding  sixty 
days  in  any  one  case  or  in  any  one  calendar  year. 
Pay  to  stop  at     This  section  shall  not  be  construed  to  mean  that  so  long 
granted  leave.     as  a  clerk  or  employe  is  borne  upon  the  rolls  of  the  Depart- 
ment in  excess  of  the  time  herein  provided  for  or  granted, 
that  he  or  she  shall  be  entitled  to  pay  during  the  period  of 
such  excessive  absence,  but  that  the  pay  shall  stop  upon 
the  expiration  of  the  granted  leave. 

Eepeai.  SEC.  6.  That  all  acts  or  parts  of  acts  inconsistent  or  in 

conflict  with  the  provisions  of  this  act  are  hereby  repealed. 

June  28, 1870.       The  following  days,  to  wit:  The  first  day  of  January, 

Holidays  in  the  commonly  called  New  Year's  day,  the  twenty-second  day  of 

himbif  °f  C°'  February,  the  fourth  day  of  July,  the  twenty- fifth  day  of 

ujuue'28,  mo,  v.  December,  commonly  called  Christmas  day,  and  any  day 

i8Vj\162oJpn2771.1  appointed  or  recommended  by  the  President  of  the  United 

see  not«  i.'     '  States  as  a  day  of  public  fast  or  thanksgiving,  shall  be 

Note  1.— The  Revised  Statutes  of  the  District  of  Columbia,  hero  referred  to,  pro- 
vide as  follows : 

SEC.  993.  The  following  days,  namely:  The  first  day  of  January,  commonly  called 
New  Year's  day;  t  he  fourth  day  of  July,-  the  t  wenty-fil't  h  day  of  December,  commonly 
called  Christmas  day;  and  any  day  appointed  or  recommended  by  the  President  of 
the  United  States  as  a  day  of  public  fast  or  thanksgiving,  shall  be  holidays  within  the- 
District,  and  shall  for  all  purposes  of  presenting  for  payment  or  acceptance,  for  the 
maturity  and  protest,  and  giving'notice  of  the  dishonor  of  bills  of  exchange,  bank- 
chocks,  and  promissory  notes,  or  other  negotiable  or  commercial  paper,  be  treated 
and  considered  as  is  the  first  day  of  the  week,  commonly  called  Sunday. 

And  all  notes,  drafts,  checks,  or  other  commercial  or  negotiable  paper  falling  due 
or  maturing  on  either  of  said  holidays  shall  be  deemed  as  having  matured  on  the  day 
previous. 

Other  acts  make  holidays,  of  Inauguration  day,  1888,  June  18,  ch.  391,  post,  p.  592; 
Decoration  day,  1888,  August  1,  ch.  723,  post,  p.  600;  and  Monday,  when  either  falls  on 
Sunday,  1881,  Dec.  21,  ch.  2,  post,  p.  331,  and  give  per  diem  pay  to  employees,  1885, 
Jan..  6,  Jiea,  No.  5,  post,  p.  480,  and  1887,  Feb.  23,  lies.  No.  6,  post,  p.  574. 


CIVIL    SERVICE  -  DEPARTMENTAL    REGULATIONS.  191 

holidays  within  the  District  of  Columbia,  and  shall,  for  all  1(Jeo  note  ]>  P- 
purposes  of  presenting  for  payment  or  acceptance  for  the 
maturity  and  protest,  and  giving  notice  of  the  dishonor  of 
bills  of  exchange,  bank  checks,  and  promissory  notes  or 
other  negotiable  or  commercial  paper,  be  treated  and  con- 
sidered as  is  the  first  day  of  the  week,  commonly  called 
Sunday,  and  all  notes,  drafts,  checks,  or  other  commercial 
or  negotiable  paper  falling  due  or  maturing  on  either  of  said 
holidays  shall  be  deemed  as  having  matured  on  the  day 
previous. 

That    section    nine    hundred    and    ninety-three  of  the  Jan-  31>  1879« 
Revised  Statutes  of  the  United  States  relating  to  the  Dig-    20  stat.  L.,  277. 
trict  of  Columbia  be,  and  the  same  hereby  is,  amended  by  DUtri  at*af*col 
adding  to  the  days  therein  declared  to  be  holidays  within 


the  District  the  twenty-second  day  of  February;  and  such  „** 

day  shall  be  a  holiday  for  all  the  purposes  mentioned  in    New  Year's 

said  section:  Provided,  That  this  act  shall  not  apply  to  the 

twenty  second  day  of  February,  eighteen  hundred  and  sev- 

euty-uine.  Thanksgiving. 

Presidential 
Inau  guration 
day. 

Decoration 
day. 

Monday,  when 
either  falls  on 
Sunday. 

That  whenever  any  day  set  apart  as  a  legal  holiday  within  Pec.  20,  issi. 
the  District  of  Columbia  shall  fall  on  the  first  day  of  the    22  stat.  L_.,  i. 
week,  commonly  called  Sunday,  then  and  in  such  event  Duef?iJtloft8o- 
the  day  next  succeeding  shall  be  a  holiday  within  the  Dis-  lumbia,  failing 
trict  of  Columbia,  and  shall  for  all  purposes  of  presenting  ^"s^oYb.  c., 
for  payment  or  acceptance,  for  the  maturity  and  protest  &  ^.  ' 

and  giving  notice  of  the  dishonor  of  bills  of  exchange,  oh,  38,'and'note.  ' 
bank-checks,  and  promissory  notes  or  other  negotiable  or 
commercial  paper,  be  treated  and  considered  as  is  the  first 
day  of  the  week,  commonly  called  Sunday,  and  all  notes, 
drafts,  checks,  or  other  commercial  or  negotiable  paper 
falling  due  or  maturing  on  such  holiday  shall  be  deemed  as 
having  matured  on  the  Saturday  previous. 

That  the  employees  of  the  Navy  Yard,  Government  Print-    Jan.  e,  isss. 
ing  Office,  Bureau  of  Printing  and  Engraving,  and  all  other    23  stat.  L.,  5ie. 
per  diem  employees  of  the  Government  on  duty  at  Wash-  ,per  diei"  ,°,m- 

•»•!  «       n       -r-r    -j      -i   r>i;  i      11  t          -11  -i  ployees    ot    the 

ington,  or  elsewhere  in  the  United  States,  shall  be  allowed  Government  to 
the  following  holidays,  to  wit  :  The  first  day  of  January,  the  £^h58jJJf 
twenty-second  day  of  February,  the  fourth  day  of  July,  the  Jan.  31,  im, 
twenty-fifth  day  of  December,  and  such  days  as  may  be 
designated  by  the  President  as  days  for  national  thank  s- 
giving,  and  shall  receive  the  same  pay  as  on  other  days. 

That  all  per  diem  employees  of  the  Government,  on  duty  Feb.  23,  is»i. 
at  'Washington  or  elsewhere  in  the  United  States,  shall    24  stat.  L.,  6« 
be  allowed  the  day  of  each  year,  which  is  celebrated  as 
"  Memorial"  or  "  Decoration  Day"  and  the  fourth  of  July  0r 
of  each  year,  as  holiday,  and  shall  receive  the  same  pay  as  ™*f  and  4th  of 
on  other  davs.  Jan.  31,  1379, 

ch.  38. 

That  the  thirtieth  day  of  May  in  each  year,  usually  called    Aug.  i,  isss. 
"Decoration  Day,"  shall  be,  and  hereby  is,  made  a  holiday    25  stat.  L.,  353^ 


192       LAWS   RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 
_Deco™tio.n  within  the  District  of  Columbia  as  fully  in  all  respects  as 

Day  a  holiday  in  jii  .,•  i  ITT  •  >•  •        t  11 

District  of  Co-  are  the  days  mentioned  as  holidays  m  section  nine  hundred 


,in(j  ninety-three  of  the  Revised  Statutes  of  the  District  of 
Columbia. 

June  28,  1894.       That  the  first  Monday  of  September  in  each  year,  being 

28  stat.  L.,  96.  the  day  celebrated  and  known  as  Labor's  Holiday,  is  hereby 

u^iic°hoi?da^  ama(le  a  legal  public  holiday,  to  all  intents  and  purposes,  in 

B.  a.,  B,  J.,'  §the  same  manner  as  Christmas,  the  first  day  of  January, 

the  twenty-  second  day  of  February,  the  thirtieth  day  of 

May,  and  the  fourth  day  of  July  are  now  made  by  law 

public  holidays. 

Title  4>          SEC.  173.  Each  chief  clerk  in  the  several  Departments, 

^chief  clerks  to  and  Bureaus,  and  other  offices  connected  with  the  Depart- 

di'uate  clerks  or  ments,  shall  supervise,  under  the  direction  of  his  immedi- 

i3AU52l6'1842>8'a^°  suPeri°r?  the  duties  of  the  other  clerks  therein,  and 

see  that  they  are  faithfully  performed. 

chief  clerks  to  SEC.  174.  Each  chief  clerk  shall  take  care,  from  time  to 
dtetri  ies,  time^  that  j.he  duties  of  tbe  other  cierks  are  distributed 

idem.  wfth  equality  and  uniformity,  according  to  the  nature  of 

the  case.  He  shall  revise  such  distribution  from  time  to 
time,  for  the  purpose  of  correcting  any  tendency  to  undue 
accumulation  or  reduction  of  duties,  whether  arising  from 
individual  negligence  or  incapacity,  or  from  increase  or 
diminution  of  particular  kinds  of  business.  And  he  shall 
report  monthly  to  his  superior  officer  any  existing  defect 
that  he  may  be  aware  of  in  the  arrangement  or  dispatch 
of  business. 

Duty  of  chief  SEC.  175.  Each  head  of  a  Department,  chief  of  a  Bureau, 
on^receipt  of  re-  Qr  oftier  superior  officer,  shall,  upon  receiving  each  monthly 

idem.  report  of  his  chief  clerk,  rendered  pursuant  to  the  preceding- 

section,  examine  the  facts  stated  therein,  and  take  such 
measures,  in  the  exercise  of  the  powers  conferred  upon  him 
by  law,  as  may  be  necessary  and  proper  to  amend  any  exist- 
ing defects  in  the  arrangement  or  dispatch  of  business 
disclosed  by  such  report. 

Disbursing  SEC.  176.  The  disbursing  clerks  authorized  by  law  in  the 
c  Ma?.'  3,  1853,  s.  several  Departments  shall  be  appointed  by  the  heads  of 
5vv-  J  o1  IJ>«S?~21!;  the  respective  Departments,  from  clerks  of  the  fourth  class  ; 

Alar,  o,  1055,  8.  «,  i       i      it  i          •  T  -i^ii        TT     -A.     j     tix  _i»         ^1 

T.  10,  p.  669;  Mar.  and  shall  each  give  a  bond  to  the  United  States  for  the 

P  IsF'  8'  lf  v'  1?I  faithful  discharge  of  the  duties  of  his  office  according  to 

'see  act  Mar.  3,  law  in  such  amount  as  shall  be  directed  by  the  Secretary 

ff^^pSof  the  Treasury,  and  with  sureties  to  the  satisfaction  of 

w°  r6Dau°d  Nav6'  ^e  Solicitor  of  the  Treasury;  and  shall  from  time  to  time 

Derpaartmeant  renew,  strengthen,  and  increase  his  official  bond,  as  the 

^advvg'Denaretr  Secretary  of  the  Treasury  may  direct.     Each  disbursing 

ment.''  clerk,  except  the  disbursing  clerk  of  the  Treasury  Depart- 

ment, must,  when  directed  so  to  do  by  the  head  of  the 

Department,  superintend   the  building  occupied  by  his 

Department.     Each  disbursing  clerk  is  entitled  to  receive, 

in  compensation  for  his  services  in  disbursing,  such  sum  in 

addition  to  his  salary  as  a  clerk  of  the  fourth  class  as  shall 

make  his  whole  annual  compensation  two  thousand  dollars 

a  year. 


CIVIL    SERVICE TEMPORARY    VACANCIES. 


193 


SEC.  194.  The  head  of  each  Department  shall  make  an    Report    of 

r    ,,  ,.   ,,          ,      ,  ,  clerks  employed. 

animal  report  to  Congress  of  the  names  of  the  clerks  and    Aug.  26,  1342 
other  persons  that  have  been  employed  in  his  Department  8-11'Vf5'p-525< 
and  the  offices  thereof;  stating  tbe  time  that  each  clerk  or 
other  person  was  actually  employed,  and  the  sums  paid  to 
each;   also,  whether  they  have  been  usefully  employed; 
whether  the  services  of  any  of  them  can  be  dispensed  with 
without  detriment  to  the  public  service,  and  whether  the 
removal  of  any  individuals,  and  the  appointment  of  others 
in   their  stead,  is  required  for    the  better   dispatch  of 
business. 

SEC.  195.  Except   where  a  different  time  is  expressly    Time  ofn*ubj 
prescribed  by  law,  the  various  annual  reports  required  to  Sportf.   * 
be  submitted  to  Congress  by  the  heads  of  Departments^™™*  acts  of 
shall  be  made  at  the  commencement  of  each  regular  ses- 
sion and  shall  embrace  the  transactions  of  the  preceding 
year. 

SEC.  198.  The  head  of  each  Department  shall,  as  soon  ofBJS3^eeJf'£ 
as  practicable  after  the  first  day  in  July  in  each  year  in  be  tiled  in  inte- 
which  a  new  Congress  is  to  assemble,  cause  to  be  filed  in ri A^e27,rm6Ds.' 
the  Department  of  tbe  Interior  a  full  and  complete  list  of  i,  v/a"  V  us-, 
all  officers,  agents,  clerks,  and  employees  employed  in  his  v/^ p%J08o0;Vuiy 
Department,  or  in  any  of  the  offices  or  Bureaus  connected  JJ^Dec  15  iW?' 
therewith.  He  shall  include  in  such  list  all  the  statistics  8.  2',  v?2o,  p.  13  j 
peculiar  to  his  Department  required  to  enable  the  Secre-  £" ™J$  im>v- 
tarv  of  the  Interior  to  prepare  the  Biennial  Register,  see  Public 

Documents. 
TEMPORARY  VACANCIES. 


Sec. 

177.  Vacancies,  how  temporarily  filled. 

178.  Vacancies  in  subordinate  offices. 

179.  Discretionary  authority  of  the  Presi- 

drat. 

180.  Temporary  appointments  limited  to 

ten  days. 


Sec. 

181.  Restriction   on  temporary  appoint- 

ments. 

182.  Extra  compensation  disallowed. 


Title  *• 


SEC.  177.  In  case  of  the  death,  resignation,  absence,  or 
sickness  of  the  head  of  any  Department,  the  first  or  sole   vacancies,how 
assistant  thereof  shall,  unless  otherwise  directed  by  the0 
President,  as  provided  by  section  one  hundred  and  seventy- 
nine,  perform  tbe  duties  of  such  head  until  a  successor  is 
appointed,  or  such  absence  or.  sickness  shall  cease. 

SEC.  178.  In  case  of  the  death,  resignation,  absence,  or 
sickness  of  the  chief  of  any  Bureau,  or  of  any  officer  thereof, 
whose  appointment  is  not  vested  in  the  head  of  tbe  Depart-  Idem>  8-  2- 
ment,  the  assistant  or  deputy  of  such  chief  or  of  such  officer, 
or  if  there  be  none,  then  the  chief  clerk  of  such  Bureau, 
shall,  unless  otherwise  directed  by  the  President,  as  pro- 
vided by  section  one  hundred  and  seventy-nine,  perform 
the  duties  of  such  chief  or  of  such  officer  until  a  successor 
is  appointed  or  such  absence  or  sickness  shall  cease. 


see  note  i. 


vacancies  in 
b°rd 


Under  sections  177  to  180,  a  vacancy  occasioned  by  the  death  or  resignation 
ad  of  a  Department,  or  of  a  chief  of  a  bureau  therein,  can  be  filled  by 


Note  1. 
of  the  hea 

a]>]  'Ointment  ad  interim  for  a  period  oi  ten  days  only.  The  power  is  then  exhausted!. 
(Op.  XVI,  596,  Devens,  Dec.  ai,  1880.)  The  ten  days  is  to  be  computed  from  tho  date 
of  the  President's  action.  (Ibid,  457.) 


376  -  13 


194   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


cases  mentioned  in  the  two  pre- 
ceding sections,  except  the  death,  resignation,  absence,  or 
3  ^Ul'i523p86i68'  sickness,  of  the  Attorney-General,  the  President  may,  in 
June  22'  1870,  s!  his  discretion,  authorize  and  direct  the  head  of  any  other 

2,  v,  16,  p.  162.      Department  or  any  other  officer  in  either  Department,  whose 

appointment  is  vested  in  the  President,  by  and  with  the 
advice  and  consent  of  the  Senate,  to  perform  the  duties  of 
the  vacant  office  until  a  successor  is  appointed,  or  the  sick- 
ness or  absence  of  the  incumbent  shall  cease. 

TnTenTs^ifm  ^E0'  *^'  ^  vacailcy  occasioned  by  death  or  resignation 
r?ed*™on  <W""y  inust  not  be  temporarily  tilled  under  the  three  preceding 
daJui  23 1868  s  sections  for  a  longer  period  than  thirty  days. 

3,  T.  15,  p.'l68.  ' 
Act  of  Feb.  6, 

1891. 
26  Stats.,  p.  733. 

te^p^ra^yap"     ^ECt  ^^'  -^o  temporary  appointment,  designation,  or 
pointments.       assignment  of  one  officer  to  perform  the  duties  of  another, 
idem, s. 2.        jn  ^£e  cases  covered  by  sections  one  hundred  and  seventy- 
seven  and  one  hundred  and  seventy -eight,  shall  be  made 
otherwise  than  as  provided  by  those  sections,  except  to  fill 
a  vacancy  happening  during  a  recess  of  the  Senate. 
Bxtra  compen-     SEC.  182.  An  officer  performing  the  duties  of  another 
lowed.11  disal"  office,  during  a  vacancy,  as  authorized  by  sections  one  hnn- 
ideiii,8.3.        dred  and  seventy- seven,  one  hundred  and  seventy  eight, 
and  one  hundred  and  seventy-nine,  is  not  by  reason  thereof 
entitled  to  any  other  compensation  than  that  attached  to 
his  proper  office. 

TENURE   OF   OFFICE,  ETC. 


Sec. 

1760.  Unauthorized  office,  no  salary  for. 

1761.  Appointees  to  fill  vacancies  during 

recess  of  Senate. 

1762.  Salaries  to  officers  improperly  hold- 

ing over. 
Act  March  3,  1887.  Kepeal  of  tenure  of 

office  act. 
1773.  Commissions. 


Sec. 

1774.  Notification  of  appointments  to  Sec- 

retary of  Treasury. 

1775.  Notification  of  nominations,   rejec- 

tions, etc.,  to  Secretary  of  Treas- 
ury. 

1786.  Proceedings   against  persons  ille- 

gally holding  office. 

1787.  Penalty  for  illegally  holding  office. 


Title  19»          SEC.  1760.  Ko  money  shall  be  paid  from  the  Treasury  to 
Unauthorized  any  person  acting  or  assuming  to  act  as  an  officer,  civil, 

office,  no  salary  miiitary,  or  naval,  as  salary,  in  any  office  when  the  office 
Feb.  o,  1863,  s.  is  not  authorized  by  some  previously  existing  law,  unless 

2, v.  12, p. 646.      sucu  office  is  subsequently  sanctioned  by  law. 
NO  salaries  to     gEC>  1761.  jfo  mOney  shall  be  paid  from  the  Treasury, 

certain  appoint-  .     ,     \    ,  *.f* 

eesto  mi  vacan-  as  salary,  to  any  person  appointed  during  the  recess  ot  the 
ofesenategrec°8's  Senate,  to   till  a  vacancy  in  any  existing  office,  if  the 
idem.  '          vacancy  existed  while  the  Senate  was  in  session  and  was 
by  law  required  to  be  filled  by  and  with  the  advice  and 
consent  of  the  Senate,  until  such  appointee  has  been  con- 
firmed by  the  Senate. 

^EC*  1*^2.  No  money  shall  be  paid  or  received  from  the 
Treasury,  or  paid  or  received  from  or  retained  out  of  any 
public  moneys  or  funds  of  the  United  States,  whether  in  the 
Treasury  or  not,  to  or  by  or  for  the  benefit  of  any  person 
appointed  to  or  authorized  to  act  in  or  holding  or  exercis- 

Note  2. — This  provision  (sec.  182)  was  designed  to  bo  general,  and  applies  as  well 
to  those  vacancies  which  are  supplied  by  operation  of  the  statute  as  t~>  those  which 
are  filled  by  designation  of  the  President.  (Op..  Xill,  7,  Mur.  26, 1802,  Hoar.) 


v. 


CIVIL    SERVICE  --  TENURE    OP   OFFICE.  195 

ing  the  ditties  or  functions  of  any  office  contrary  to  sections 
seventeen  hundred  and  sixty-seven  to  seventeen  hundred  ^" 
and  seventy,  inclusive;  nor  shall  any  claim,  account,  20,  ISTS, 
voucher,  order,  certificate,  warrant,  or  other  instrument100- 
providing  for  or  relating  to  such  payment,  receipt,  or  reten- 
tion, be  presented,  passed,  allowed,  approved,  certiGed,  or  '  see  note  i. 
paid  by  any  officer,  or  by  any  person  exercising  the  func- 
tions or  performing  the  duties  of  any  office  or  place  of  trust 
under  the  United  States,  for  or  in  respect  to  such  office,  or 
the  exercising  or  performing  the  functions  or  duties  thereof. 
Every  person  who  violates  any  of  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  high  misdemeanor,  and 
shall  be  imprisoned  not  more  than  ten  years,  or  fined  not 
more  than  ten  thousand  dollars,  or  both. 

That  sections  seventeen  hundred  and  sixty-seven,  seven-  March  3,  1887. 
teen  hundred  and  sixty-eight,  seventeen  hundred  and  sixty-  24  stat.  L.,  500. 
nine,  seventeen  hundred  and  seventy,  seventeen  hundi^'^^^^f^j'. 
and  seventy-one,  and  seventeen  hundred  and  seventy-  two  si«»«  relating  to. 
of  the  llevised  Statutes  of  the  United  States  are  hereby  83Kr7p67-i772K'S'' 
repealed. 

SEC.  1773.  The  President  is  authorized  to  make  out  and    commissions. 
deliver,  after  the  adjournment  of  the  Senate,  commissions 
for  all  officers  whose  appointments  have  been  advised  and 
consented  to  by  the  Senate. 

SEC.  1774.  Whenever  the  President,  without  the  advice    Notification  of 
and  consent  of   the    Senate,   designates,   authorizes,   or  s^j."^-'*8  „*? 
employs  any  person  to  perform  the  duties  of  any  office,  he  Treasury. 
shall  forthwith  notify  the  Secretary  of  the  Treasury  thereof, 
and  the  Secretary  of  the  Treasury  shall  thereupon  com- 
municate such  notice  to  all  the  proper  accounting  and  dis- 
bursing officers  of  his  Department. 

SEC.  1775.  The  Secretary  of  the  Senate  shall,  at  the  close  Jlom(JnifttionisDref 
of  each  session  thereof,  deliver  to  the  Secretary  of  thejectiona,  etc.,  to 
Treasury,  and  to  each  of  the  Assistant  Secretaries  of  tfrei^£JJj£ry  ot 
Treasury,  and  to  each  of  the  Auditors,  and  to  each  of   idem,  9.  7. 
the  Comptrollers  in  the  Treasury,  and  to  the  Treasurer, 
and  to  the  Eegister  of  the  Treasury,  a  full  and  complete 
list,  duly  certified,  of  all  the  persons  who  have  been  nomi- 
nated to  and  rejected  by  the  Senate  during  such  session, 
and  a  like  list  of  all  the  offices  to  which  nominations  have 
been  made  and  not  confirmed  and  filled  at  such  session. 

SEC.  178G.  Whenever  any  person  holds  office,  except  as&  Proceedings 
a  member  of  Congress  or  of  some  State  legislature,  con-  fif^fiy  holding 


trary  to  the  provisions  of  the  third  section  of  the  r31  1870  8 

teenth  article  of  amendment  of  the  Constitution,  the  dis-  u,  vaiG,  p.  143.' 
trict  attorney  for  the  district  in  which  such  person  holds    S66110162- 
office  shall  proceed  against  him  by  writ  of  quo  warranto, 
returnable  to  the  circuit  or  district  court  of  the  United 
States  in  such  district,  and  prosecute  the  same  to  the 
removal  of  such  person  from  office. 

Xote  1.—  Sections  1767  to  1772,  both  inclusive,  contained  in  the  Hogg  revision,  defin- 
ing tin-  tenure  of  office,  were  repealed  by  act  March  3,  1887,  above. 

\<ite  ~'.  —  Xo  person    *    *    *    shall  hold  any  office,  civil  or  military,  under  the     See  sees.    1786 
United  States,  who,  having  previously  taken  an  oath    *    *    *    as  an  officer  of  the  and  1787. 
United  States    *          *    to  support  the  Constitution  of  the  United  States,  shall  have 
engaged  in  insurrection  or  rebellion  against  the  same,  or  given  aid  or  comfort  to  the 
enemies  tliereuf.     I!ut  Congress  may,  uy  a  vote  of  two-thirds  of  each  house,  remove 
such  disability.    (Sec.  3,  Art.  XIV,  amendment  to  Constitution.) 


196       LAWS    RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 


1787.  Every  person  who  knowingly  accepts  or  holds 
any  office  under  the  United  States,  or  any  State,  to  which 
ue  *s  ineligible  under  the  third  section  of  the  fourteenth 
article  of  amendment  of  the  Constitution,  or  who  attempts 
to  hold  or  exercise  the  duties  of  any  such  office,  shall  be 
'deemed  guilty  of  a  misdemeanor,  and  shall  be  imprisoned 
not  more  than  one  year,  or  fined  not  more  than  one  thou- 
sand dollars,  or  both. 

NoteS.  —  Functionaries  of  the  Government  in  all  of  its  Departments,  civil  or  mili- 
tary, supreme  or  subordinate,  general  or  provincial,  political  or  municipal,  are 
undoubtedly  public  officers.  (Op.,  VIII,  107,  Cashing,  Sept.  30,  1856.) 

No  public  officer  has  authority  to  enter  into  a  submission  on  behalf  of  the  United 
States  which  will  be  biniling,  unless  the  power  bo  given  by  statute.  (U.  S.  v.  Ames, 
1  Woodbury  &  Minot,  p.  76,  B.  F.  D.) 

The  acts  of  a  public  officer,  on  public  matters  within  his  jurisdiction  and  where 
he  has  a  discretion,  are  presumed  to  be  legal  until  the  contrary  bo  shown.  (Miller  v. 
Dinsman,  7  Howard,  p.  89,  B.  F.  D.) 

Where  a  particular  authority  is  confided  to  a  public  officer,  to  be  exercised  in  his 
discretion,  upon  an  examination  of  facts,  of  which  ho  is  the  appropriate  judge, 
his  decision  thereon,  in  the  absence  of  any  controlling  provision,  is  absolutely  final. 
(Allen  v.  Blunt,  3  Story's  Reports,  742,  B.  F.  D.) 

The  executive  officers  of  the  Government  are  personally  liable  at  law  for  damages, 
in  the  ordinary  form  of  action,  for  illegal  official  ministerial  acts  or  omissions,  to  the 
injury  of  an  individual.  (Brightley  Federal  Digest,  p.  597.  Cites  authorities.) 

A  public  officer,  sued  for  an  illegal  act,  can  not  justify  under  the  instructions  of 
the  head  of  an  Executive  Department. 

An  officer  is  responsible  in  damages  for  an  illegal  act  done  under  instructions  of 
a  superior,  but  the  Government  is  bound  to  indemnify  him. 

Where  a  statute  imposes  a  particular  duty  upon  an  executive  officer  and  he  has 
acted  (performed  his  duty  according  to  the  understanding  of  the  statute),  there  is 
no  appeal  from  his  action  to  the  President  or  to  any  other  executive  officer,  unless 
such  appeal  is  provided  for  by  law.  (Op.,  XVI,  317,  Devens,  May  2,  1879.) 

Usages  have  been  established  in  6A~ery  Department  of  the  Government,  which  have 
become  a  kind  of  common  law,  and  regulate  the  rights  and  duties  of  those  who  act 
within  their  respective  limits.  And  no  such  change  of  usage  can  have  a  retrospec- 
tive effect,  but  must  bo  limited  to  tho  future.  Usage  can  not  alter  the  law,  but  it  is 
evidence  of  tho  construction  given  to  it,  and  must  be  considered  binding  on  past 
transactions.  (VII,  Peters,  1-14,  cited  by  Gushing;  Op.,  VII  I,  7.) 

An  Executive  Department  has  no  right  to  omit  or  delay  the  discharge  of  the  duties 
imposed  upon  it  bylaw,  at  tho  request  of  a  committee  of  a  House  of  Congress;  it 
can  only  pay  attention  to  such  a  request  when  it  atfects  a  discretionary  power.  (Op., 
XIII,  113,  Hoar,  June  22,  1869.) 

No  process  issued  under  the  authority  of  a  State  government  can  obstruct,  directly, 
or  indirectly,  the  operations  of  the  Government  of  the  United  States.  (Op.,  XV,  524.) 

Where  an  officer  of  the  United  States  is  acting  for  the  Government  in  any  trans- 
action, tho  benefits  of  which  are  to  the  Government,  or  where  the  end  is  to  protect 
the  interests  of  the  Government,  there  seems  to  bo  good  ground  why  the  Government 
should  interpose  and  assume  his  defense  in  case  ho  is  sued  on  account  of  such  pro- 
ceedings. (Op.,  XIV,  189,  Williams,  20  Feb.,  1873.) 

The  orders  of  the  head  of  an  Executive  Department,  in  reference  to  matters  within 
its  general  supervision  and  control,  are  in  contemplation  of  law  those  of  the  Presi- 
dent, and  have  tho  same  binding  effect.  (Otto,  101,  p.  755  ;  Wolsey  v.  Chapman,  see  13 
Peters,498  ;  Wilcox  v.  Jackson  ;  also  Op.,  IX,  463,  and  XI,  400.) 

It  is  a  settled  rule  of  administrative  practice  that  the  official  acts  of  a  previous 
administration  are  to  be  considered  by  its  successors  as  final  so  far  as  the  Executive 
is  concerned.  (Op.,  XV,  208.)  The  Secretary  of  the  Interior  should  not  review  tho 
decision  of  his  predecessor,  no  new  facts  having  been  presented.  Princi^  al  of  res 
adjudicata  applies.  (Op.,  XV,  315,  Devens;  see  also  Op.,  VIII,  214,  and  V,  29.)  The 
well-considered  decision  of  the  head  of  a  Department  ought  only  to  be  reversed  upon 
clear  evidence,  of  mistake  or  wrong.  (Op.,  X,  63.) 

Congress,  in  case  of  appointments,  may  provide  that  certain  acts  shall  be  done  by 
the  appointee  before  ho  shall  enter  on  the  possession  of  his  office  under  his  appoint- 
ment. These  acts  then  become  conditions  precedent  to  the  complete  investnre  of  the 
office.  (U.  S.  v.  LeBaron,  19  Howard,  78.) 

In  a  matter  which  the  law  confides  to  the  pure  discretion  of  the  Executive,  tho 
decision  by  tho  President  or  the  proper  head  of  the  Department,  of  anv  quest  ion  of 
fact  involved,  is  conclusive  and  is  not  subject  to  revision  by  any  authority  in  the 
United  States.  (Op.,  VI,  226,  dishing,  Nov.  23,  1853.) 

The  lawful  will  of  tho  President  maybe  announced  and  an  act  in  the  authority 
of  the  President  be  performed,  not  only  by  a  head  of  a  Department,  but  in  tho 
second  or  other  degree  of  delegation  by  some  officer  subordinate  to  such  head.  (Op., 
VII,  453,  Ciishing,  Aug.  31,  1855.  See  this  opinion  fora  full  discussion  of  tho  rela- 
tion of  the  President  to  the  Executive  Departments.) 

A  public  officer  is  not  liable  to  an  action  for  an  honest  mistake  made  in  a  matter 
where  he  was  obliged  to  exercise  his  judgment,  though  an  individual  may  thereby 
suffer.  (Kendall  v.  Stokes,  3  Howard,  87.  B.  F.  D.) 

The  power  of  pardon,  conferred  by  the  Constitution  on  the  President,  is  unlimited 
except  in  case  of  impeachment.  It  extends  to  every  offense  known  to  the  law,  and 
may  bo  exercised  at  any  time  after  its  commission,  either  before  legal  proceedings 
are  taken  or  during  their  pendency,  or  after  conviction  and  judgment.  The  power 
is  not  subject  to  legislative  control.  A  pardon  reaches  the  punishment  prescribed 
for  the  offense  and  the  guilt  of  the  offender.  If  granted  before  conviction  it  pro- 


CLAIMS    AND    CLAIM   AGENTS. 


197 


CLAIMS    AND   CLAIM   AGENTS. 


Sec. 

184.  Subpoenas  to  witnesses   on   claims 

pending. 

185.  Fees  of  witnesses. 

186.  Compelling  testimony. 

187.  Professional    assistance,    how    ob- 

tained. 

190.  Former  employes  acting  a.s  counsel. 
236.  Public  accounts  to  be  settled  in  the 

Treasury. 

34CO.  Compromise  of  claims. 
3477.  Assignment  of  claims  void,  unless, 
etc. 


Sec. 

3478.  Oath  by  persons  prosecuting  claims. 

3479.  AVho  may  administer  oath. 
34SO.  Claims  of  disloyalists. 

5454.  Unlawful  taking  papers  relating  to 

claims. 

5498.  Officers,  etc.,  interested  in  claims. 
Act  Mar.  3, 1875.  Deductions  of  debts  due 

United  States. 

Claims    against    exhausted    appro- 

priations. 

Claims  bused  on  fraud. 


subpo3nas   to 


'8 


SEC.  184.  Any  liead  of  a  Department  or  Bureau  in  which  Title  4. 
a  claim  against  the  United  States  is  properly  pending  may 
apply  to  any  judge  or  clerk  of  any  court  of  the 
States,  in  any  State,  District,  or  Territory,  to  issue  a  sub-  i,v.i6,p'4i2. 
pu'int  for  a  witness  being  within  the  jurisdiction  of  such  saenotei. 
court,  to  appear  at  a  time  and  place  in  the  subpoana  stated, 
before  any  officer  authorized  to  take  depositions  to  be  used 
in  the  courts  of  the  United  States,  there  to  give  full  and 
true  answers  to  such  written  interrogatories  and  cross- 
interrogatories  as  may  be  submitted  with  the  application, 
or  to  be  orally  examined  and  cross  examined  upon  the  sub- 
ject of  such  claim. 

SEC.  185.  Witnesses  subprenaed  pursuant  to  the  preced-  witnesses'  fees. 
ing  section  shall  be  allowed  the  same  compensation  as  isi.v.ie.jJUia.1'*' 
allowed  witnesses  in  the  courts  of  the  United  States.  see  note  2. 


vents  any  of  the  penalties  and  disabilities  consequent  upon  conviction  from  attach- 
ing ;  if  granted  after  conviction  it  removes  the  penalties  and  disabilities,  and  restores 
him  to  all  his  civil  rights.  It  gives  him.  a  new  credit  and  capacity.  There  is  only 
this  limitation  to  its  operation  —  it  does  not  restore  offices  forfeited  or  property  or 
interests  vested  in  others  in  consequence  of  the  conviction  and  judgment.  (S.  C., 
AVallace,  4,  p.  334,  Dec.,  1866.) 

Fines  and  penalties,  where  they  have  not  been  actually  covered  into  the  Treasury, 
are  restoi  able  under  a  full  pardon.  (Op.,  XVI,  p.  3,  Apr.  29,  1878,  Devens.  See  also 
Op.,  XIV,  June  28,  1872,  Williams;  XII,  81,  Stanbery;  VIII,  p.  281,  Gushing;  Holt's 
Digest,  p.  261.) 

The  pardon  of  a  deceased  officer  or  soldier  is  impracticable  for  the  reason  that  it  is 


essential  to  the  validity  of  a  pardon  that  it  should  be  accepted.    A  pardon,  like  a 

d  accepted  by  the  party 
to  be  valid.    (Holt's  Digest,  p.  262,  cites  U.  S.  v.  Wilson,  7  Peters,  150.) 


.  , 

deed,  must  bo  delivered  to  and  accepted  by  the  party  to  whom  it  is  granted  in  order 


A  remission  of  the  penalty  by  a  pardon  by  the  President  will  restore  an  officer  whose 
rank  has  been  reduced  by  sentence  of  a  court-martial  to  his  former  relative  rank 
according  to  the  date  of  his  commission.  [Case  of  an  officer  reduced  in  rank  by 
having  his  name  placed  lower  down  on  the  list  of  officers  of  the  same  grade.  The 
officer  loses  such  opportunities  for  promotion  as  may  in  the  meantime  have  occurred.  ] 
(Op.,  XII,  p.  547,  Jan.  22,  1869,  Evarts.) 

The  pardoning  power  of  the  President  can  not  reach  an  executed  sentence  which  has 
been  regularly  imposed  by  a  competent  court.  When  a  sentence  has  been  executed 
in  part  he  can  remit  the  remainder.  (Holt's  Digest,  p.  260.) 

For  a  statement  of  the  principal  grounds  on  which  the  Judge-Ad.  vocate-General  of 
the  Army  has  favored  pardon  or  remission  of  the  uuexpired  punishments  of  suldiers, 
see  Winthrop's  Digest,  pages  359-360. 

An  application  for  a  pardon  Avas  addressed  to  the  President  and  referred  to  the  War 
Department.  The  latter  asked  the  opinion  of  the  Attorney-General  on  the  subject, 
•who  declined  to  give  it,  as  it  would  only  be  advising  the  Secretary  of  War  what  to 
advise  the  President.  (Op.,  XIV,  p.  20,  Mar.  23,  1872,  Williams.) 

The  general  power  of  pardoning  by  the  President  includes  the  power  01  pardoning 
conditionally,  or  of  commuting  to  a  milder  punishment  that  which  has  been  adjudged 
a  irai  list  the  offender.  Tlie  commutation  of  the  President  is  but  a  conditional  pardon, 
;md  that  the  President  may  grant  such  a  conditional  pardon  has  been  always  recog- 
nized and  decided.  (Op.,  V,  368,  May  10,  1851,  Crittenden,  cites  U.  S.  v'.  Wilson 
7  Peters,  158.) 

•  Note  1.  —  Where  the  law  imposes  on  officers  the  examination  and  settlement  of 
claims,  it  gives  them  the  authority  to  require  that  the  claim  shall  be  established,  or 
supported  at  least,  by  oaths  of  witnesses.  (Op.,  XIV,  Williams,  July  25,  1874.) 

NoteS.—  Under  sec.  848,  R.  S.,  for  each  day's  attendance  in  court  or  before  any  offi- 
cer, pursuant  to  law,  a  witness  is  allowed  one  dollar  and  fifty  cents,  and  five  cents  a 
mile  for  going  from  his  place  of  residence  to  the  place  of  trial  or  hearing,  .and  five 
cents  a  mile  for  returning.  When  subpoanaed  in  more  than  one  cause  between  the 
same  parties,  at  the  same  court,  only  one  travel  fee  and  one  per  diem  compensation 
for  attendance  shall  bo  allowed.  (See  sec.  850,  Traveling  Expenses,  Division  I.) 


198       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

timon1?elUngte8      SEC'  18C*  If  auy  witness?  affcer  being  duly  served  with 
'idem.'  sucli  subpoena,  neglects  or  refuses  to  appear,  or,  appearing, 

refuses  to  testify,  the  judge  of  the  district  in  which  the 
subpoena  issued  may  proceed,  upon  proper  process,  to  en- 
force obedience  to  the  subpoena,  or  to  punish  the  disobedi- 
ence, in  like  manner  as  any  court  of  the  United  States 
may  do  in  case  of  process  of  subpoena  ad  testificandnm 
issued  by  such  court. 

•iSuSTbowob^  ^E0- 1  ^'  W°enever  any  head  of  a  Department  or  Bureau 
tained.  '  "  having  made  application  pursuant  to  section  one  hundred 
idem,  s.  3.  an(^  eighty -four,  for  a  subpoena  to  procure  the  attendance 
of  a  witness  to  be  examined,  is  of  opinion  that  the  interests 
of  the  United  States  require  the  attendance  of  counsel  at 
the  examination,  or  require  legal  investigation  of  any  claim 
pending  in  his  Department  or  Bureau,  he  shall  give  notice 
thereof  to  the  Attorney-General,  and  of  all  fucts  necessary 
to  enable  the  Attorney-General  to  furnish  proper  profes- 
sional service  in  attending  such  examination,  or  making 
such  investigation,  and  it  shall  be  the  duty  of  the  Attorney- 
General  to  provide  for  such  service. 

Persons   for-     SEC.  190.  It  shall  not  be  lawful  for  any  person  appointed 

paertment8bnoueo  after  the  first  day  of  June,  one  thousand  eight  hundred  and 

poae^jte  claims  seventy- two,  as  an  officer,  clerk,  or  employe  in  any  of  the 

June  i,  1872,8.  Departments,  to  act  as  counsel,  attorney,  or  agent  for  pros- 

5' see7iote°32'      ecutiiig  any  claim  against  the  United  States  which  was 

pending  in  either  of  said  Departments  while  he  was  such 

officer,  clerk,  or  employe,  nor  in  any  manner,  nor  by  any 

means,  to  aid  in  the  prosecution  of  any  such  claim,  AVI  thin 

two  years  next  after  he  shall  have  ceased  to  be  such  officer, 

clerk,  or  employe?. 

Title  7,  chap,  i.      SEC.  236.  All  claims   and   demands   whatever    by  the 
Mar.  3, 1817,  a.  United  States,  or  against  them,  and  all  accounts  whatever 
"!  which  the  United  States  are  concerned,  either  as  debtors 
or  as  creditors,  shall  be  settled  and  adjusted  in  the  Depart- 
ment of  the  Treasury. 

NoteS. — lij7  the  act  of  July  11,  1861,  a  member  of  Congress  elect  is,  previous  to  a8 
well  as  after  taking  the  oath  of  office,  debarred  from  acting  as  counsel  for  parties,  and 
from  prosecuting  claims  against  the  Government  before  any  Department,  court- 
martial,  bureau,  office,  or  any  civil,  naval,  or  military  commission,  it'  be  lias  received. 
or  has  agreed  to  receive  any  compensation  whatever,  directly  or  indirectly,  tin  •  re  fur. 
(Op.,  XIV,  133,  Williams,  Nov.  2, 1872.) 

Note  4. — Services  voluntarily  rendered,  however  A-aluable,  and  however  strongly 
they  may  appeal  to  the  liberality  and  equity  of  the  Government,  can  not  be  said  to 
give  the'party  who  renders  them  a  legal  right  to  compcnsat  ion.  The  person  must 
have  been  duly  appointed  to  some  office,  or  duly  employed  in  some  duty  recognized 
by  law.  (Op., 'Ill,  357,  Butler,  Aug.13, 1838.) 

Services  voluntarily  performed  without  contract  for  compensation  create  no  legal 
liability.  (C.C..X111.) 

An  agent  who  received  payment  on  a  claim  in  good  faith  and  paid  ii  over  to  his 
principal  before  informed  of' a  mistake  made,  is  not  liable.  The  principal  is  liable 
either  at  the  suit  of  the  rightful  claimant,  or  of  the  Tinted  States.  The  otlicer  of  t  lie 
Tn  usury  who  made  the  mistake  is  legally  chargeable  with  tin-  amount,  1<>  be  passed 
to  his  credit  on  recovering  the  money.  The  rightful  owner  does  not  lo.se  his  right. 
to  be  paid  out  of  any  money  in  the  Treasury  not  otherwise  appropriated,  as  the  law 
authorized.  (Op.,  XVI,  193,  Devens,  Oct.  23,' 1878 ;  seealsoOp..  I  V.  li'.is,  :«)7;  V,  183.) 

Claims  against  the  (iovernment  which  are  disputed  by  the  officers  authorized  to 
nd.jnst  such  accounts  may  be  compromised.  If  the  claimant  voluntarily  enters  into 
Mich  a  compromise,  accepting  a  smaller  sum  than  his  demand  and  giving  a  receipt 
in  full  for  the  whole,  ho  19  bound  by  the  adjustment.  (C.  C.,  v.  8,  p.  134,  Sweeney's 
Case.) 

\V hero  Congress  appropriated  a  certain  sum  to  pay  a  claimant,  and  the  head  of  a 
Department  found  a  less  sum  due  and  paid  tin-  latter,  the  appropriat  inn  was  exhausted 
when  the  amount  awarded  was  paid.  A  succeeding  Secretary  has  no. jurisdiction  to 
award  claimant  an  additional  sum.  (Op., IX, 451,  Black.  ,1  nl'y  'JO,  I860;  see  also  Op., 
X,  238,  Bates,  Apr.  29, 1S«'J.) 

If  funds  to  pay  a  claim  are  sent  at  request  of  claimant,  by  express,  the  claim  is 


CLAIMS  AND  CLAIM  AGENTS.  199 

SEC.  3469.  Upon  a  report  by  a  district  attorney,  or  any       Title  36. 
special  attorney  or  agent  having  charge  of  any  claim  in    Compromise, 
favor  of  the  United  States,  showing  in  detail  the  condition  lo^^ttJpJM?1 8> 
of  such  claim,  and  the  terms  upon  which  the  same  may  be    see  note  5.  ' 
compromised,  and  recommending  that  it  be  compromised 
upon  the  terms  so  offered,  and  upon '  the  recommendation 
of  the  Solicitor  of  the  Treasury,  the  Secretary  of  the  Treas- 
ury is  authorized  to  compromise  such  claim  accordingly. 
But  the  provisions  of  this  section  shall  not  apply  to  any 
claim  arising  under  the  postal  laws. 

SEC.  3477.  All  transfers  and  assignments  made  of  any      Title  36. 
claim  ui)on  the  United  States,  or  of  any  part  or  share  Assignments  of 
thereof,  or  interest  therein,  whether  absolute  or  conditional,  Jjjj1"^™1111  uu~ 
and  whatever  maybe  the  consideration  therefor,  and  all  ejufy29,iat6,v. 
powers  of  attorney,  orders,  or  other  authorities  for  receiv- Jyj;*1^6^,26' 
ing  payment  of  any  such  claim,  or  of  any  part  or  share  no.'8 
thereof,  shall  be  absolutely  null  and  void,'  unless  they  are    Seenote6- 
freely  made  and  executed  in  the  presence  of  at  least  two 
attesting  witnesses,  after  the  allowance  of  such  a  claim,  the 
ascertainment  of  the  amount  due,  and  the  issuing  of  a  war- 
rant for  the  payment  thereof.     Such  transfers,  assignments, 
and  powers  of  attorney,  must  recite  the  warrant  for  pay- 
ment, and  must  be  acknowledged  by  the  person  making 
them,  before  an  officer  having  authority  to  take  acknowl- 
edgments of  deeds,  and  shall  be  certified  by  the  officer; 
and  it  must  appear  by  the  certificate  that  the  officer,  at  the 
time  of  the  acknowledgment,  read  and  fully  explained  the 
transfer,  assignment,  or  warrant  of  attorney  to  the  person 
acknowledging  the  same. 

thereby  discharged,  whether  the  funds  were  received  or  not.  If  sent  by  draft,  at 
his  request,  claim  subsists,  unless  draft  lias  been  paid  [to  proper  party].  A  dis- 
bursing agent  remitting  funds  due  claimant,  to  his  attorney,  under  instructions  from 
the  attorney,  given  without  the  knowledge  or  consent  of 'the  claimant,  which  were 
not  paid  over,  would  he  liable  to  the  Government  and  the  Government  to  the  claim- 
ant. (Op.,  XIV,  485.  Williams,  Oct.  29, 1874.) 

Where  Congress  directs  the  "adjustment  and  settlement"  of  a  claim  "according 
to  the  rules  and  regulations  heretofore  adopted  by  the  United  States  in  the  settle- 
ment of  like  cases,'1  and  it  appears  that  Congress  lias  generally  given  interest  in 
like  cases,  it  will  be  allowed.  (C.  C.,  X,  p.  231.  Affirmed  by  Supreme  Court.) 

It  is  a  general  rule,  founded  upon  sound  principles  and  uniformly  adhered  to  in 
the  administration  of  the  Government,  that  the  Executive  Depart ments  neither 
allow  nor  charge  interest  to  parties  in  account  witli  the  United  States,  excepting 
by  virtue  of  express  agreement  or  in  pursuance  of  some  special  provision  of  law. 
(Holt's  Digest,  p.  204.) 

Interest  can  not  bo  allowed  except  "upon  a  contract  expressly  stipulating  for  the 
payment  of  interest."  (C.  C.,I,  p.  220.)  As  to  interest,  see  Op.,  IV,  14,79,  136;  V, 
105, 138. 

Note  0.— Under  section  3469,  the  Solicitor  of  the  Treasury  may  properly  recommend 
the  acceptance  of  a  compromise  offered  in  discharge  of  a  claim  of  the  United  States 
before  payment,  where  the  district  attorney  advises  acceptance  upon  the  ground 
that,  from  want  of  evidence  to  establish  the  facts  on  which  a  verdict  must  depend, 
lie  doubts  his  ability  to  obtain  a, judgment,  even  though  the  defendant  is  able  to  pay 
the  amount  of  the  claim.  (Op.,  XVI,  259,  Devens,  Jan.  30, 1879.) 

This  section  was  intended  to  provide  for  compromising  claims  in  favor  of  the 
•United  States  which  are  of  a  personal  character;  does  not  extend  to  claims  to  real 
property  to  which  the  United  States  asserts  ownership  and  has  a  record  title.  (Op., 
XVI,  385,  Devens,  Oct.  1, 1879.) 

It  does  not  confer  upon  the  Solicitor  of  the  Treasury  a  discretion  to  recommend 
for  compromise  cases  in  which  the  claim  is  entirely  solvent,  but  where  circumstances 
of  hardship,  etc.,  exist,  (pp.,  XVI,  617,  Phillips,  Jan.  8, 1879.) 

Note  G. — Though  the  assignment  of  a  claim  against  the  Government  be  void  under 
section  3477,  Revised  Statutes,  yet  if  the  Treasury  recognizes  the  assignment  and 
pays  the  amount  found  due  on  an  accounting  to  the  assignee,  an  action  will  not  lie 
to  recover  it  back.  (C.  C.,  XIII.  292.)  [See  in  this  opinion  a  statement  as  to  the 
manner  in  which  accounts  and  claims  against  the  Government  are  settled  by  the 
accounting  officers.] 

This  section,  3477,  not  only  extends  to  claims  which  are  to  be  paid  by  Treasury 
warrants,  but  extends  to  those  which  relate  to  claims  otherwise  payable.  (Op.,  XVI, 
261.  Devens,  Feb.  7, 1879.) 

A  power  of  attorney  for  the  collection  of  a  claim  against  the  Government,  not 


200       LAWS   RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 

by  per-  SEC.  3478.  Any  person  prosecuting  claims,  either  as 
attorney  or  on  bis  own  account,  before  any  of  the  Depart- 
i  v'i2  i)7'6U)62'8'men^s  or  Bureaus  of  the  United  States,  shall  be  required 
to  take  the  oath  of  allegiance,  and  to  support  the  Consti- 
tution of  the  United  States,  as  required  of  persons  in  the 
civil  service. 

who  may  ad      SEC.  3479.  The  oath  provided  for  in  the  preceding  sec- 
"SlSjIfS0"  h  tion  may  be  taken  before  any  justice  of  the  peace,  notary 
See  note  7.       public,  or  other  person  who  is  legally  authorized  to  admin- 
ister an  oath  in  the  State  or  district  where  the  same  may 
be  administered. 

loSfisTs3  °f  dis      ^EC*  34SO.  It  shall  be  unlawful  for  any  officer  to  pay  any 
°'Mar.t82,  1867,  account,  claim,  or  demand  against  the  United  States  which 
Res.  46,  v.  u,  p.  accrued  or  existed  prior  to  the  thirteenth  day  of  April, 
see  note  s        eighteen  hundred  and  sixty-one,  in  favor  of  any  person 
3, 1f?7^c.°ioSap.'  w°o  promoted,  encouraged,  or  in  any  manner  sustained 
362,  v.'io,  as  to  the  late  rebellion,  or  in  favor  of  any  person  who  during 
conSactors.raai  such  rebellion  was  ii ot  known  to  be  opposed  thereto,  and 
distinctly  in  favor  of  its  suppression;  and  no  pardon  here- 
tofore granted,  or  hereafter  to  be  granted,  shall  authorize 
the  payment  of  such  account,  claim,  or  demand,  until  this 
section  is  modified  or  repealed.    But  this  section  shall  not 
be  construed  to  prohibit  the  payment  of  claims  founded 
upon  contracts  made  by  any  of  the  Departments,  where 
such  claims  were  assigned  or  contracted  to  be  assigned 
prior  to  the  first  day  of  April,  eighteen  hundred  and  sixty- 
one,  to  the  creditors  of  such  contractors,  loyal  citizens  of 
loyal  States,  in  payment  of  debts  incurred  prior  to  the  first 
day  of  March,  eighteen  hundred  and  sixty  one. 

Title  70,  chap.  5.     SEC.  5454.  Every  person  who  takes  and  carries  away, 

unlawfully  without  authority  from  the  United  States,  from  the  place 

papl"!  °reiatiSI  where  it  had  been  filed,  lodged,  or  deposited,  or  where  it 

to  claims.          may  for  the  time  being  actually  be  kept  by  authority  of 

executed  in  the  presence  of  "  two  attesting  witnesses  after  the  allowance  of  such 
claim,  the  ascertainment  of  the  amount  due,  and  the  issuing  of  a  warrant  for  the 
payment  thereof,"  is  void  underthe  act  of  February  26, 1853.  (C.  C.,  V,  362 ;  see  also 
Op.,  IX,  188.) 

The  revocation  of  a  power  of  attorney  can  only  bo  affected  by  notice  to  the  agent. 
Notice  to  a  third  party,  without  notice  to  the  agent,  leaves  the  power  in  force.  (C. 
C.,  VII,  535.) 

A.  power  of  attorney  not  given  on  account  of  any  valuable  consideration  paid  to 
the  principal  may  be  revoked  before  the  exercise  of  authority  under  it.  (Op.,  IX, 
128.> 

Where  a  letter  of  attorney  forms  part  of  a  contract,  and  is  security  for  money,  or 
for  the  performance  of  any  act  which  is  deemed  valuable,  it  is  generally  made  irrevo- 
cable in  terms,  or,  if  not  so,  it  is  deemed  irrevocable  in  law.  If  a  power  of  attorney 
be  coupled  with  an  "intercut"  it  survives  the  person  giving  it  and  mav  be  executed 
after  his  death.  (VIII  Wheaton,  203 ;  see  Op.,  VII,  35.) 

A  naked  power  of  attorney  is  revokablo  at  the  will  of  him  who  gave  it,  although 
the  writing  should  say  it  was  irrevocable.  (Op.,  VII,  38.) 

See  Op.,  XI,  7,  where  it  was  held  that,  although  an  agent,  under  a  power  to  prose- 
cute, demand,  recover,  and  receive  a  claim,  did  prosecute  it  to  the  award,  and  another 
was  appointed  to  collect,  the  installment  could  be  paid  to  the  latter — the  power  of 
the  former  not  having  been  coupled  with  an  interest. 

Note  7. — It  is  competent  to  the  head  of  a  Department,  as  a  measure  for  the  protec- 
tion of  the  public  interests  committed  to  his  charge,  to  decline  to  recognize,  or  to 
Huspend,  the  transaction  of  business  witli  an  agent  or  attorney  for  frauds  and  fraud- 
ulent practict  a  attempted  or  committed  by  him  in  the  prosecution  of  claims  before 
the  Department,  and  whose  character  is  such  that  a  reasonable  degree  of  confidence 
can  not  be  placed  in  his  integrity  and  honesty  in  dealing  with  the  Government. 
(On.,  XIII,  150,  Hoar,  Oct.  4, 1869.) 

Note  8. — This  section  applies  only  to  claims  that  accrued  or  existed  prior  to  April 
13,1861.  It  does  not  apply  to  claims  in  favor  of  corporations  aggregate.  (Op.,  XIII, 
398,  Mar.  29. 1871,  Akerman.) 

This  section  created  a  personal  disability  only,  which  could  not  operate  against 
the  heirs  of  parties  thus  disqualified.  (Winthrop's  Digest,  p.  168.) 

Applicable  to  claims  for  bounty  land.     (Op.,  XV,  p.  450.) 


CLAIMS  AND  CLAIM  AGENTS.  201 

the  United  States,  any  certificate,  affidavit,  deposition,  v 
written  statement  of  facts,  power  of  attorney,  receipt, v> 
voucher,  assignment,  or  other  document,  record,  file,  or 
paper,  prepared,  fitted,  or  intended  to  be  used  or  presented 
in  order  to  procure  the  payment  of  money  from  or  by  the 
United  States,  or  any  officer  or  agent  thereof,  or  the  allow- 
ance or  payment  of  the  whole  or  any  part  of  any  claim, 
account,  or  demand  against  tbe  United  States,  whether  the 
same  has  or  has  not  already  been  so  used  or  presented,  and 
whether  such  claim,  account,  or  demand,  or  any  part  thereof, 
has  or  has  not  already  been  allowed  or  paid,  or  who  pre- 
sents or  uses  or  attempts  to  use  any  such  document,  record, 
file,  or  paper  so  taken  and  carried  away  in  order  to  procure 
the  payment  of  any  money  from  or  by  the  United  States, 
or  any  officer  or  agent  thereof,  or  the  allowance  or  pay- 
ment of  the  whole  or  any  part  of  any  claim,  account,  or 
demand  against  the  United  States,  shall  be  imprisoned  at 
hard  labor  not  more  than  ten  years,  or  fined  not  more  than 
five  thousand  dollars. 

SEC.  5498.  Every  officer  of  the  United  States,  or  person  Title  70,  chap,  e. 
holding  any  place  of  trust  or  profit,  or  discharging  any  ~  offi^er^~etc^ 
official  function  under,  or  in  connection  with,  any  Execu-  c?aimse8ted  in 
tive  Department  of  the  Government  of  the  United  States,    Feb/26,i853, 8. 
or  under  the  Senate  or  House  of  Representatives  of  the2'^™'^™;^,. 
United  States,  who  acts  as  an  agent  or  attorney  for  prose-  Bribes,  etc.,  DI- 
cuting  any  claim  against  the  United  States,  or  in  any  man- V1 
ner,  or  by  any  means,  otherwise  than  in  discharge  of  his 
proper  official  duties,  aids  or  assists  in  the  prosecution  or 
support  of  any  such  claim,  or  receives  any  gratuity,  or  any 
share  of  or  interest  in  any  claim  from  any  claimant  against 
the  United  States,  with  intent  to  aid  or  assist,  or  in  consid- 
eration of  having  aided  or  assisted,  in  the  prosecution  of 
such  claim,  shall  pay  a  fine  of  not  more  than  five  thousand 
dollars,  or  suffer  imprisonment  not  more  than  one  year,  or 
both. 

That  when  any  final  judgment  recovered   against   the    Mar.  3, 1875. 
United  States  or  other  claim  duly  allowed  by  legal  authority,  Amountofdebt 
shall  be  presented  to  the  Secretary  of  the  Treasury  for  pay-  ^"f^j^10^8 
ment,  and  the  plaintiff  or  claimant  therein  shall  be  indebted  Tug  judgmental 
to  the  United  States  in  any  manner,  whether  as  principal  or  etc- 
surety,  it  shall  be  the  duty  of  the  Secretary  to  withhold  pay- 
ment of  an  amount  of  such  judgment  or  claim  equal  to  the 
debt  thus  due  to  the  United  States;  and  if  such  plaintiff  or 
claimant  assents  to  such  set-off,  and  discharges  his  judg- 
ment or  an  amount  thereof  equal  to  said  debt  or  claim,  the 
Secretary  shall  execute  a  discharge  of  the  debt  due  from    secretary    to 
the  plaintiff  to  the  United  States.    But  if  such  plaintiff,  or  %!££&£* 
claimant,  denies  his  indebtedness  to  the  United  States,  or 
refuses  to  consent  to  the  set-off',  then  the  Secretary  shall 
withhold  payment  of  such  further  amount  of  such  judg-    Additional 
ment,  or  claim,  as  in  his  opinion  will  be  sufficient  to  cover  to    be 

all  legal  charges  and  costs  in  prosecuting  the  debt  of  the 
United  States  to  final  judgment.  And  if  such  debt  is  not 
already  in  suit,  it  shall  bo  the  duty  of  the  Secretary  to  cause  Duty  of  secre- 
legal  proceedings  to  be  immediately  commenced  to  enforce^.  to  8ue  ou 
the  same,  and  to  cause  the  same  to  be  prosecuted  to  final 


202       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 


judgment  with  all  reasonable  dispatch.     And  if  in  such 

action  judgment  shall  be  rendered  against  the  United  States, 

or  the  amount  recovered  for  debt  and  costs  shall  be  less 

Balance,  how  than  the  amount  so  withheld  as  before  provided,  the  balance 

Tiaid  toclaimant.     ,      ,,   ,  ,  ,  .  ,  ,        ,     .     A  «.  •«  •-,     0 

Mar.  3,  1875,  v.  shall  then  be  paid  over  to  such  plamtift  by  sucn  Secretary 
is,  p.  48i.  with  six  per  cent,  interest  thereon  for  the  time  it  has  been 

withheld  from  the  plaintiff. 

Apr,  so,  1878.  ^o  ciaim  shall  hereafter  be  allowed  by  the  accounting 
certain  claims  officers,  under  tlieprovisionsof  theactof  Congress,  approved 
Ju«e  10,  1874,  or  by  the  Court  of  Claims,  or  by  Congress, 
to  any  person,  where  such  claimant,  or  those  under  whom 
he  claims,  shall  wilfully,  knowingly,  and  with  intent  to 
defraud  the  United  States,  have  claimed  more  than  was 
justly  due  in  respect  to  such  claim,  or  presented  any  false 
evidence  to  Congress,  or  to  any  Department  or  court,  in 
support  thereof. 


2,  v.  20,  p.524. 


COURT   OF   CLAIMS. 


Sec. 

188.  Evidence  to  be  furnished  by  the 
Departments. 

1059.  Jurisdiction. 

1060.  Private  claims  in  Congress,  when 

transmitted  to  Court  of  Claims. 

1061.  Judgment  for    set-off  or    counter- 

claim, how  enforced. 

1062.  Decreeon  account  of  paymasters, etc. 

1063.  Claims  referred  by  Departments. 

1064.  Procedure  in  cases  transmitted  by 

Departments. 

1065.  Judgments  in  cases  transmitted  by 

Departments,  how  paid. 
1067.  Claims  pending  in  other  courts  not 

to   be   prosecuted    in    Court   of 

Claims. 
1069.  Limitation. 

1072.  Petition. 

1073.  Petition  dismissed  if  issue  found 

against  claimant  as  to  allegiance, 
etc. 


Sec. 

1074.  Burden  of  proof  and  evidence  as  to 

loyalty. 
1076.  Power  to  call  upon  Departments  for 

information. 

1086.  Claims  forfeited  for  fraud. 

1087.  New  trial  on  motion  of  claimant. 

1088.  New    trial    on    motion    of    United 

States. 

1089.  Payment  of  judgments. 

1090.  Interest. 

1091.  Interest  on  claims. 

1092.  Payment  of  judgment  a  full  dis- 

charge, etc. 

1093.  Final  judgments  a  bar. 

Act  Mar.  3.  1877.  Cost  of  record  taxed 

against  losing  party. 
Act  Apr.  30,  1878.  Fraudulently  claim 

ing  more  than  is  due. 
ActMar.  3, 1883.  Act  to  relieve  Congress 

and  Departments  in  investigai  ion 

of  claims. 


Title  4.  SEC.  188.  In  all  suits  brought  against  the  United  Stales 


Evidence  to  be  in  the  Court  of  Claims  founded  upon  any  contract,  agree- 

Department^in111611^?  or  transaction  with  any  Department,  or  any  Bureau, 

suits  pending  in  officer,  or  agent  of  a  Department,  or  where  the  matter  or 

ciaimsJ.ourfc  °f  thing  on  which  the  claim  is  based  has  been  passed  upon 

c  vTs625?^808'  8'  an(^  deci(le(l  by  any  Department,  Bureau,  or  officer  author- 

'seednote2.       i/ed  to  adjust  it,  the  Attorney-General  shall  transmit  to 

such  Department,  Bureau,  or  officer,  a  printed  copy  of  the 

petition  filed  by  the  claimant,  with  a  request  that  the  De- 

partment, Bureau,  or  officer,  shall  furnish  to  the  Attorney- 

General  all  facts,  circumstances,  and  evidence  touching  the 

claim  in  the  possession  or  knowledge  of  the  Department, 

Bureau,  or  officer.     Such  Department,  Bureau,  or  officer 

shall,  without  delay,  and  within  a  reasonable  time,  furnish 


Retired  officers  Note  J.—  A  retired  officer  of  the  Army  is  an  "officer  of  the  United  Stales"  within 
not  to  act  n  s  the  meaning  of  II.  S..  sec.  5498,  which  prohibits,  under  penalty  of  lino  or  imprison- 
counsel.  nient,  or  both,  every  such  officer  from  acting  as  an  agent  or  attorney  for  prosecuting 

This  applies  to  any  claim  against  the  United  States,  &c.  To  appear  and  argue  a  case  for  a  elaimant 
naval  retired  offi-  would  he  to  support  a  claim  against  the  United  States,  and  would  subject  the  ollieer 
cers.  to  penalty  prescribed  by  stat  M:  c  . 

X<>te2.  —  The  head  of  a  Department  is  not  at  liberty  to  furnish  to  the  Court  of 
Claims,  on  a  call  from  that  court,  information  or  papers,  when  to  do  so  would,  in  his 
opinion,  ho  injurious  to  the  puhlie  interest.  A  return  setting  forth  such  opinion 
•would  in  all  cases  be  a  sufficient  answer  to  the  rule.  (<  >p.,  XIII,  539,  Akerman,  Nov. 
24,  1871.) 


COURT  OF  CLAIMS — CLAIMS.  203 

tlio  Attorney-General  with  a  full  statement,  in  writing,  of 
all  such  facts,  information,  and  proofs.  The  statemen  t  shall 
contain  a  reference  to  or  description  of  all  such  official  docu- 
ments or  papers,  if  any,  as  may  furnish  proof  of  facts  re- 
ferred to  in  it,  or  may  be  necessary  and  proper  for  the  defense 
of  the  United  States  against  the  claim,  mentioning  the  De- 
partment, office,  or  place  where  the  same  is  kept  or  may  be 
procured.  If  the  claim  has  been  passed  upon  and  decided 
by  the  Department,  Bureau,  or  officer,  the  statement  shall 
succinctly  state  the  reasons  and  principles  upon  which  such 
decision  was  based.  In  all  cases  where  such  decision  was 
founded  upon  any  act  of  Congress,  or  upon  any  section  or 
clause  of  such  act,  the  same  shall  be  cited  specifically;  and 
if  any  previous  interpretation  or  construction  has  been  given 
to  such  act,  section,  or  clause  by  the  Department,  Bureau, 
or  officer,  the  same  shall  be  set  forth  succinctly  in  the  state- 
ment, and  a  copy  of  the  opinion  filed,  if  any,  shall  be  annexed 
to  it.  Where  any  decision  in  the  case  has  been  based  upon 
any  regulation  of  a  Department,  or  where  such  regulation 
has,  iu  the  opinion  of  the  Department,  Bureau,  or  officer 
transmitting  such  statement,  any  bearing  upon  the  claim 
in  suit,  the  same  shall  be  distinctly  quoted  at  length  in  the 
statement.  But  where  more  than  one  case,  or  a  class  of 
cases,  is  pending,  the  defense  to  which  rests  upon  the  same 
facts,  circumstances,  and  proofs,  the  Department,  Bureau, 
or  officer  shall  only  be  required  to  certify  and  transmit  one 
statement  of  the  same,  and  such  statement  shall  be  held  to 
apply  to  all  such  cases,  as  if  made  out,  certified,  and  trans- 
mitted in  each  case  respectively. 

SEC.  1059.  The  Court  of  Claims  shall  have  jurisdiction  Title  i3,chap.2i. 
to  hear  and  determine  the  following  matters:  jurisdiction. 

First.  All  claims  founded  upon  any  law  of  Congress,  or  0' 
upon  any  regulation  of  an  Executive  Department,  or  upon  contracts" 
any  contract,  expressed  or  implied,  with  the  Government  *?™™1  by  Con 
of  the  United  States,  and  all  claims  which  may  be  referred  eTFcb.  24,1355,  s. 
to  it  by  either  House  of  Congress.  Ma^ARy"!; 

p. '48l';  .Inn 6*22,' 
1874,  s.  2.  v.  18,  p. 
192. 

Second.  All  set  offs,  counter-claims,  claims  for  damages,    set-offs  ana 
whether  liquidated  or  unliquidated,  or  other  demands  what-  unm-dSteSs.  °f 
soever,  on  the  part  of  the  Government  of  the  United  States  g  MM;-  *>u*®< s 
against  any  person  making  claim  against  the  Government 
in  said  court. 

Third.  The  claim  of  any  paymaster,  quartermaster,  com-    Disbursingom 
missary  of  subsistence,  or  other  disbursing  officer  of  theceMay9,i866,s.i, 
United  States,  or  of  his  administrators  or  executors,  for v-  14.'p-  44. 
relief  from  responsibility  on  account  of  capture  or  other- 
wise, while  in  the  line  of  his  duty,  of  Government  funds, 
vouchers,  records,  or  papers  in  his  charge,  and  for  which 
such  officer  was  and  is  held  responsible. 

Fourth.  Of  all  claims  for  the  proceeds  of  captured  or  claims  for  rap- 
abandoned  property,  as  provided  by  the  act  of  March  12; 
eighteen  hundred  and  sixty-three,  chapter  one  hundred  and 
twenty,  entitled  "An  act  to  provide  for  the  collection  of  juiy2,i«i8s.2,: 
abandoned  property  and  for  the  prevention  of  frauds  &ffijg[£*)™y 
insurrectionary  districts  within  the  United  States,"  or  by  p.'243;'rebV'i8! 
the  act  of  July  2,  eighteen  hundred  and  sixty-four,  chap- 1875tVt18' p>318> 


204   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

See  sec.  3,  aether  two  hundred  and  twenty-five,  being  an  act  in  addition 
thereto:  Provided,  That  the  remedy  given  in  cases  of  seiz- 
ure under  the  said  acts,  by  preferring  claim  in  the  Court 
of  Claims,  shall  be  exclusive,  precluding  the  owner  of  any 
property  taken  by  agents  of  the  Treasury  Department  as 
abandoned  or  captured  property  in  virtue  or  under  color 
of  said  acts  from  suit  at  common  law,  or  any  other  mode  of 
redress  whatever,  before  any  court  other  than  said  Court 
of  Claims:  Provided  also,  That  the  jurisdiction  of  the 
Court  of  Claims  shall  not  extend  to  any  claim  against  the 
United  States  growing  out  of  the  destruction  or  appropria- 
tion of,  or  damage  to,  property  by  the  Army  or  Navy 
engaged  in  the  suppression  of  the  rebellion. 

iuPrcVone  Cr8e  ™'     SEC.  1060.  All  petitions  and  bills  praying  or  providing 

when  transmit  for  the  satisfaction  of  private  claims  against  the  Govern  - 

ceiaim°s.C°urt  °f  m^nt,  founded  upon  any  law  of  Congress,  or  upon  any  reg- 

Mar.'a,  1863,  8.  ulation  of  an  Executive  Department,  or  upon  any  contract, 

2,  v.  12,  p.  765.      expressed  or  implied,  with  the  Government  of  the  United 

States,  shall,  unless  otherwise  ordered  by  resolution  of  the 

House  in  which  they  are  introduced,  be  transmitted  by  the 

Secretary  of  the  Senate  or  the  Clerk  of  the  House  of  Rep- 

resentatives, with  all  the  accompanying  documents,  to  the 

Court  of  Claims. 

judgments  for     SEC.  1061.  Upon  the  trial  of  any  cause  in  which  any  set- 
-  off,  counter-claim,  claim  for  damages,  or  other  demand  is 

f°idem  s  3        se^  UP  on  ^e  ^    ^  °^  ^°  Gr°veriimeilt;  against  any  person 
'.  s'  1875,  making  claim  against  the  Government  in  said  court,  the 
to  set-  cour^  s}ian  hear  and  determine  such  claim  or  demand  both 
for  and  against  the  Government  and  claimant;  and  if  upon 
the  whole  case  it  finds  that  the  claimant  is  indebted  to  the 
Government,  it  shall  render  judgment  to  that  effect,  and 
such  judgment  shall  be  final,  with  the  right  of  appeal,  as 
in  other  cases  provided  for  bylaw.    Any  transcript  of  such 
judgment,  filed  in  the  clerk's  office  of  any  district  or  circuit 
court,  shall  be  entered  upon  the  records  thereof,  and  shall 
thereby  become  and  be  a  judgment  of  such  court  and  be 
enforced  as  other  judgments  in  such  courts  are  enforced. 
eee   n    °      ^E0t  1062.  Whenever  the  Court  of  Claims  ascertains  the 


comit8of    a 

masters,  &c.pay  facts  of  any  loss  by  any  paymaster,  quartermaster,  com- 

2  v*i4  p  if6'  s'niissary  of  subsistence,  or  other  disbursing  officer,  in  the 
cases  hereinbefore  provided,  to  have  been  without  fault  or 
negligence  on  the  part  of  such  officer,  it  shall  make  a  decree 
setting  forth  the  amount  thereof,  and  upon  such  decree  the 
proper  accounting  officers  of  the  Treasury  shall  allow  to 
such  officer  the  amount  so  decreed,  as  a  credit  in  the  settle- 
ment of  his  accounts. 

claims  referred     SEC.  1063.  Whenever  any  claim  is  made  against  any 
yjnnea25mi868,'  Executive  Department,  involving  disputed  facts  or  con- 

8'  s'ee'note*!76'    troverted  questions  of  law,  where  the  amount  in  contro- 

Note  1.—  The  head  of  a  Department  may  refer  aclaim  direct  to  the  Courtof  Claims, 
and  ho  does  not  waive  his  right  to  send  a  claim  there  by  allowing  it  in  the  first 
instance  to  be  passed  upon  by  the  account  ing  officers  of  the  Treasury.  (C.  C.,  V,  p.  64.) 

Tito  head  of  a  Department  may  transmit  a  claim  to  the  Court  of  Claims  under  sec- 
tion 1063,  11.  S.,  after  the  Auditor  and  Comptroller  of  the  Treasury  have  settled  it  and 
certified  a  balance  due  the  claimant.  (C.  C.,  XII,  319.) 

The  head  of  an  Executive  Department  can  not  transmit  a  claim  to  the  Courtof 
Claims  under  section  1063,  on  tlm  {••round  \\\\\(,  it  involves  disputed  facts  or  contro- 
verted questions  of  law,  if  he  is  forbidden  by  law  to  pay  tho  claim.  (C.  C.,  XV,  414.) 


COURT  OF  CLAIMS CLAIMS.  205 

versy  exceeds  three  thousand  dollars,  or  where  the  decision  lg||e  act  Mar,  3, 
will  affect  a  class  of  cases,  or  furnish  a  precedent  for  the 
future  action  of  any  Executive  Department  in  the  adjust- 
ment of  a  class  of  cases,  without  regard  to  the  amount 
involved  in  the  particular  case,  or  where  any  authority, 
right,  privilege,  or  exemption  is  claimed  or  denied  under 
the 'Constitution  of  the  United  States,  the  head  of  such 
Department  may  cause  such  claim,  with  all  the  vouchers, 
papers,  proofs,  and  documents  pertaining  thereto,  to  be 
transmitted  to  the  Court  of  Claims,  and  the  same  shall  be 
there  proceeded  in  as  if  originally  commenced  by  the  vol- 
untary action  of  the  claimant;  and  the  Secretary  of  the 
Treasury  may,  upon  the  certificate  of  any  Auditor  or  Comp- 
troller of  the  Treasury,  direct  any  account,  matter,  or  claim, 
of  the  character,  amount,  or  class  described  in  this  section, 
to  be  transmitted,  with  all  the  vouchers,  papers,  documents, 
and  proofs  pertaining  thereto,  to  the  said  court,  for  trial 
and  adjudication :  Prodded,  That  no  case  shall  be  referred 
by  any  head  of  a  Department*  unless  it  belongs  to  one  of 
the  several  classes  of  cases  which,  by  reason  of  the  sub- 
ject-matter and  character,  the  said  court  might,  under 
existing  laws,  take  jurisdiction  of  on  such  voluntary  action 
of  the  claimant. 

SEC.  1064.  All  cases  transmitted  by  the  head  of  any    Procedure    in 
Department,  or  upon  the  certificate  of  any  Auditor  or  teT\ytrDep™rt- 
Cornptroller,  according  to  the  provisions  of  the  precedingment^ 
section,  shall  be  proceeded  in  as  other  cases  pending  in  the  8. 7,""  15,  p.  76.   ' 
Court  of  Claims,  and  shall,  in  all  respects,  be  subject  to  the 
same  rules  and  regulations. 

SEC.  1005.  The  amount  of  any  final  judgment  or  decree    Judgments  in 
rendered  in  favor  of  the  claimant,  in  any  case  transmitted  ted^by^Dei^rt- 
to  the  Court  of  Claims  under  the  two  preceding  sections,  ments,' how  paid. 
shall  be  paid  out  of  any  specific  appropriation  applicable?, ,  Ys?™' v^isf ap.' 
to  the  case,  if  any  such  there  be;  and  where  no  such  appro-  4«i. 
priation  exists,  the  judgment  or  decree  shall  be  paid  in  the 
same  manner  as  other  judgments  of  the  said  court. 

SEC.  1067.  No  person  shall  file  or  prosecute  in  the  Court .  claims  pending 
of  Claims,  or  in  the  Supreme  Court  on  appeal  therefrom,  "ot^be  p°rose8 
any  claim  for  or  in  respect  of  which  he  or  any  assignee  ofgjJgJ*nCoinrtof 
his  has  pending  in  any  other  court  any  suit  or  process    June  25,  iseg,  s. 
against  any  person  who,  at  the  time  when  the  cause  ()f8.v-]5.p-677- 
action  alleged  in  such  suit  or  process  arose,  was,  in  respect 
thereto,  acting  or  professing  to  act,  mediately  or  immedi- 
ately, under  the  authority  of  the  United  States. 

SEC.  1009.  Every  claim  against  the  United  States,  cog-    Limitation. 
nizable  by  the  Court  of  Claims,  shall  be  forever  barred  10,^2 3p.7673> "' 
unless  the  petition  setting  forth  a  statement  thereof  is    see  note  i. 
filed  in  the  court,  or  transmitted  to  it  by  the  Secretary  of 
the  Senate  or  the  Clerk  of  the  House  of  Eepresentatives 
as  provided  by  law,  within  six  years  after  the  claim  first 
accrues:  Provided,  That  the  claims  of  married  women  first 
accrued  during  marriage,  of  persons   under  the   age  of 

Note  J.-The  statute  of  limitations  prescribed  by  the  amended  Court  of  Claims 
act  (Mar.  13, 1863, 12  Stat.  L.,  765,  §  10)  doea  not  extend  to  claims  in  the  Executive 
Departments.  (C.  C.,  XIV,  149.) 


206   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

twenty-one  years  first  accrued  during  minority,  and  of 
idiots,  lunatics,  insane  persons,  and  persons  beyond  the 
seas  at  the  time  the  claim  accrued,  entitled  to  the  claim, 
shall  not  be  barred  if  the  petition  be  filed  in  the  court  or 
transmitted,  as  aforesaid,  within  three  years  after  the  disa- 
bility has  ceased;  but  no  other  disability  than  those 
enumerated  shall  prevent  any  claim  from  being  barred,  nor 
shall  any  of  the  said  disabilities  operate  cumulatively. 
ivtition.  r  SEC.  1072.  The  claimant  shall,  in  all  cases,  fully  set  forth 
i,^re.bio,4  p856i2|  in  his  petition  the  claim,  the  action  thereon  in  Congress,  or 
v[ r  VT^?' 8' ^  ky  ailY  °f  tne  Departments,  if  such  action  has  been  had; 
what  persons  are  owners  thereof  or  interested  therein, 
when  and  upon  what  consideration  such  persons  became 
so  interested ;  that  no  assignment  or  transfer  of  said  claim, 
or  of  any  part  thereof  or  interest  therein,  has  been  made, 
except  as  stated  in  the  petition ;  that  said  claimant  is  justly 
entitled  to  the  amount  therein  claimed  from  the  United 
States,  after  allowing  all  just  credits  and  offsets;  that  the 
claimant,  and,  where  the  claim  has  been  assigned,  the 
original  and  every  prior  owner  thereof,  if  a  citizen,  has  at 
all  times  borne  true  allegiance  to  the  Government  of  the 
United  States,  and,  whether  a  citizen  or  not,  has  not  in  any 
way  voluntarily  aided,  abetted,  or  given  encouragement  to 
rebellion  against  the  said  Government,  and  that  he  believes 
the  facts  as  stated  in  the  said  petition  to  be  true.  And  the 
said  petition  shall  be  verified  by  the  affidavit  of  the  claim- 
ant, his  agent,  or  attorney. 
Petition  dig-  SEC.  1073.  The  said  allegations  as  to  true  allegiance  and 

missed,   if  issue        ,         .  .,.  •      .»•  •• 

found  against  voluntary  aiding,  abetting,  or  giving  encouragement  to 
fegla^ce* etcto al "rebellion  against  the  Government  maybe  traversed  by  the 

Mar.  3, 1863, g.  Government,  and  if  on  the  trial  such  issues  shall  be  de- 
12,  v.  12,  p.  TOT.  cj^ec[  against  the  claimant,  his  petition  shall  be  dismissed. 

Burdenofproof     gEC>  1Q74.  Whenever  it  is  material  in  any  claim  to  ascer- 

and  evidence  as,.  TJI  1-1  1-1  •  •  i 

to  loyalty.  tain  whether  any  person  did  or  did  not  give  any  aid  or 
^  June 25j_868 ,s.  comfort  to  the  late  rebellion,  the  claimant  asserting  the 
loyalty  of  any  such  person  to  the  United  States  during 
such  rebellion  shall  be  required  to  prove  affirmatively  that 
such  person  did,  during  said  rebellion,  consistently. adhere 
to  the  United  States,  and  did  give  no  aid  or  comfort  to 
persons  engaged  in  said  rebellion;  and  the  voluntary  resi- 
dence of  any  such  person  in  any  place  wherfc,  at  any  time 
during  such  residence,  the  rebel  force  or  organization  held 
sway,  shall  be  prima-facie  evidence  that  such  person  did 
give  aid  and  comfort  to  said  rebellion  and  to  the  persons 
engaged  therein. 

Power  to  call     SEC.  1076.  The  said  court  shall  have  power  to  call  upon 

men°sDforpinfoV-  any  °f  tne  Departments  for  any  information  or  papers  it 

'"i-vb'ai  1855  8  imiy  deem  necessary,  and  shall  have  the  use  of  all  recorded 

11,  v.  10,  p.  «i4.'    and  printed  reports  made  by  the  committees  of  each  House 

of  Congress,  when  deemed  necessary  in  the  prosecution  ot 

its  business.     But  the  head  of  any  Department  may  refuse 

and  oinit  to  comply  with  any  call  for  information  or  papers 

when,  in  his  opinion,  such  compliance  would  be  injurious  to 

the  public  interest. 


COURT  OF  CLAIMS CLAIMS.  207 

SEC.  1086.  Any  person  who  corruptly  practices  or  at-  f2tomf  rfwted 
tempts  to  practice  any  fraud  against  the  United  States  in  °M»r.Vi883,  s. 
the  proof,  statement,  establishment,  or  allowance  of  any  11^i;1.^J)oJbJ 
claim,  or  of  any  part  of  any  claim   against  the  United'so,  1878, 
States,  shall  ipso  facto  forfeit  the  same  to  the  Government; 
and  it  shall  be  the  duty  of  the  Court  of  Claims,  in  such 
cases,  to  find  specifically  that  such  fraud  was  practiced  or 
attempted  to  be  practiced,  and  thereupon  to  give  judgment 
that  such  claim  is  forfeited  to  the  Government,  and  that 
the  claimant  be  forever  barred  from  prosecuting  the  same. 

SEC.  1087.  When  judgment  is  rendered  against  any  claim-    New  trial  on 
ant,  the  court  may  grant  a  new  trial  for  any  reason  which,  ™£ou  ot  claim" 
by  the  rules  of  common  law  or  chancery  in  suits  between  [  Feb.  21, 1355,  a. 
individuals,  would  furnish  sufficient  ground  for  granting  a  9>  v* 10' p' 6L 
new  trial. 

SEC.  1088.  The  Court  of  Claims,  at  any  time  while  any    New  trial  on 
claim  is  pending  before  it,  or  on  appeal  from  it,  or  within  states"  °f 
two  years  next  after  the  final  disposition  of  such  claim,  may,    Ju«e25,  isos,  s. 
on  motion  on  behalf  of  the  United  States,  grant  a  new  trial  ' Vil5)I>- 
and  stay  the  payment  of  any  judgment  therein,  upon  such 
evidence,  cumulative  or  otherwise,  as  shall  satisfy  the  court 
that  any  fraud,  wrong,  or  injustice  in  the  premises  has  been 
done  to  the  United  States;  but  until  an  order  is  made  stay- 
ing the  payment  of  a  judgment,  the  same  shall  be  payable 
and  paid  as  now  provided  by  law. 

SEC.  1089.  In  all  cases  of  final  judgments  by  the  Court .  Payment  of 
of  Claims,  or,  on  appeal,  by  the  Supreme  Court,  where  the^M^.T^ses,  s. 
same  are  affirmed  in  favor  of  the  claimant,  the  sum  due^;  g2'-^76®/ 
thereby  shall  be  paid  out  of  any  general  appropriation  i8,p!48i. 
made  by  law  for  the  payment  and  satisfaction  of  private  18S^  Murude3r 
claims,  on  presentation  to  the  Secretary  of  the  Treasury  of  Claim's. 
a  copy  of  said  judgment,  certified  by  the  clerk  of  the  Court 
of  Claims,   and  signed  by  the  chief  justice,  or,   in  his 
absence,  by  the  presiding  judge  of  said  court. 

SEC.  1090.  In  cases  where  the  judgment  appealed  from  is    interest, 
in  favor  of  the  claimant,  and  the  same  is  affirmed  by  the  7) ^  12, p. Tee!*' 8' 
Supreme  Court,  interest  thereon  at  the  rate  of  five  per 
centum  shall  be  allowed  from  the  date  of  its  presentation 
to  the  Secretary  of  the  Treasury  for  payment  as  aforesaid, 
but  no  interest  shall  be  allowed  subsequent  to  the  affirm- 
ance, unless  presented  for  payment  to  the  Secretary  of  the 
Treasury  as  aforesaid. 

SEC.  1091.  No  interest  shall  be  allowed  on  any  claim  up  interest  claims, 
to  the  time  of  the  rendition  of  judgment  thereon  by  the 
Court  of  Claims,  unless  upon  a  contract  expressly  stipu- 
lating for  the  payment  of  interest. 

SEC.  1092.  The  payment  of  the  amount  due  by  any  judg-  •11Jall^te"t1-u1{ 
ment  of  the  Court  of  Claims  and  of  any  interest  thereon  a'iSrge, etc" 
allowed  by  law,  as  hereinbefore  provided,  shall  be  a  full    Idem- 
discharge  to  the  United  States  of  all  claim  and  demand 
touching  any  of  the  matters  involved  in  the  controversy. 

SEC.  1093.  Any  final  judgment  against  the  claimant  on    Final  judg- 
auy  claim  prosecuted  as  provided  in  this  chapter  shall  for-  miafcnia  a 
ever  bar  any  further  claim  or  demand  against  the  United 


208   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

States  arising  out  of  the  matters  involved  in  the  contro- 
versy, 
jj,  1877.       There  shall  be  taxed  against  the  losing  party  in  each  and 


Cost  of  print- every  cause  pending  in  the  Supreme  Court  of  the  United 
ialeragVinst  States  or  in  the  Court  of  Claims  of  the  United  States,  the 
losing  party.  cost  of  printing  the  record  in  such  case,  which,  shall  be 
105^ sr'i3,'  v8i9,°p.'  collected,  except  when  the  judgment  is  against  the  United 
s**-  States,  by  the  clerks  of  said  courts,  respectively,  and  paid 

into  the  Treasury  of  the  United  States. 
Apr,  so,  1878.       No  claim  shall  hereafter  be  allowed    *     *     *     by  the 

claims  not  to  Court  of  Claims  *  *  *  to  any  person,  where  such 
more°i8^roudu*  claimant,  or  those  under  whom  he  claims,  shall  wilfully, 
™°utiy8  claimed  knowingly,  and  with  intent  to  defraud  the  United  States, 
thAp is  so,6 1878,  have  claimed  more  than  was  justly  due  in  respect  of  such 
ch.  77,  s.  2,  v. 20,'  claim  or  presented  any  false  evidence  to  Congress,  or  to 
any  Department  or  court,  in  support  thereof. 

Mar.  8, 1888.       That  whenever  a  claim  or  matter  is  pending  before  any 

stat,  L.,  1881-  committee  of  the  Senate  or  House  of  Representatives,  or 
1883,  v.  22.  «  before  either  House  of  Congress,  which  involves  the  investi- 

Keference  of         ..  ,    ..  ,.         °~   ,,    *         ,.  ...  . 

claims  pending  gation  and  determination  of  facts,  the  committee  or  house 
before  Congress.  may  cause  £ne  same,  with  the  vouchers,  papers,  proofs,  and 
documents  pertaining  thereto,  to  be  transmitted  to  the 
Court  of  Claims  of  the  United  States,  and  the  same  shall 
there  be  proceeded  in  under  such  rules  as  the  court  may 
adopt.  When  the  facts  shall  have  been  found,  the  court 
shall  not  enter  judgment  thereon,  but  shall  report  the  same 
to  the  committee  or  to  the  house  by  which  the  case  was 
transmitted  for  its  consideration. 

Reference  of  SEC.  2.  That  Avhen  a  claim  or  matter  is  pending  in  any 
5ui%S<mtivl  °f  tue  Executive  Departments  which  may  involve  coutro- 
Departments.  verted  questions  of  fact  or  law,  the  head  of  such  Depart- 
ment may  transmit  the  same,  with  the  vouchers,  papers, 
proofs,  and  documents  pertaining  thereto,  to  said  court, 
and  the  same  shall  be  there  proceeded  in  under  such  rules 
as  the  court  may  adopt.  When  the  facts  and  conclusions 
of  law  shall  have  been  found,  the  court  shall  not  enter 
judgment  thereon,  but  shall  report  its  findings  and  opinions 
to  the  Department  by  which  it  was  transmitted  for  its 
guidance  and  action. 

claims    not     SEC.  3.  The  jurisdiction  of  said  court  shall  not  extend  to 

?i*?onho ?the or  include  any  claim  against  the  United  States  growing 

«ourt.  out  of  the  destruction  or  damage  to  property  by  the  Army 

or  Navy  during  the  war  for  the  suppression  of  the  rebellion, 

or  for  the  use  and  occupation  of  real  estate  by  any  part  of 

the  military  or  naval  forces  of  the  United  States  in  the 

operations  of  said  forces  during  the  said  war  at  the  seat  of 

war;  nor  shall  the  said  court  have  jurisdiction  of  any  claim 

against  the  United  States  which  is  now  barred  by  virtue 

of  the  provisions  of  any  law  of  the  United  States. 

claims  forBup-     SEC.  4.  In  any  case  of  a  claim  for  supplies  or  stores  taken 

EiihedfSr  the  by  or  furnished  to  any  part  of  military  or  naval  forces  of 

suppression  of  t£e  United  States  for  their  use  during  the  late  war  for  the 

the  rebellion.  .  ,     ,,.  ,.  in  ±1 

suppression  of  the  rebellion,  the  petition  shall  aver  that 
the  person  who  furnished  such  supplies  or  stores,  or  from 
whom  such  supplies  or  stores  were  taken,  did  not  give  any 


COURT  OF  CLAIMS — CONTINGENT  FUNDS. 


20'J 


aid  or  comfort  to  said  rebellion,  but  was  throughout  that 
war  loyal  to  the  Government  of  the  United  States,  and  the 
fact  of  such  loyalty  shall  be  a  jurisdictipiial  fact  ;  and  unless 
the  said  court  shall,  on  a  preliminary  inquiry,  find  that  the 
person  who  furnished  such  supplies  or  stores,  or  from  whom 
the  same  were  taken  as  aforesaid,  was  loyal  to  the  Govern- 
ment of  the  United  States  throughout  said  war,  the  court 
shall  not  have  jurisdiction  of  such  cause,  and  the  same 
shall,  without  further  proceedings,  be  dismissed. 

SEC.  5.  That  the  Attorney-General,  or  his  assistants,    Defense,  etc., 
under  his  direction,  shall  appear  for  the  defense  and  pro-  States.0 
tection  of  the  interests  of  the  United  States  in  all  cases 
which  may  be  transmitted  to  the  Court  of  Claims  under 
this  act,  with  the  same  power  to  interpose  counter-claims, 
offsets,  defenses  for  fraud  practiced  or  attempted  to  be 
practiced  by  claimants,  and  other  defenses,  in  like  manner 
as  he  is  now  required  to  defend  the  United  States  in  said 
court. 

SEC.  0.  That  in  the  trial  of  such  cases  no  person  shall  be   Parties  in  inter- 
excluded  as  a  witness  because  he  or  she  is  a  party  to  ores 
interested  in  the  same. 


SEC.  7.  That  reports  of  the  Court  of  Claims  to  Con- 
gress  under  this  act,  if  not  finally  acted  upon  during  the    Ma.  3,  isss, 
session  at  which  they  are  reported,  shall  be  continued  from  cbap>  116) 
session  to  session  and  from  Congress  to  Congress  until  the 
same  shall  be  finally  acted  upon. 


CONTINGENT   FUNDS. 


Sec. 

192  and  1779.  Expenditure  for   uewspa- 
pt-rs,  periodicals,  etc. 

19;!.  Annual  report  of  expenditure. 

430.  Estimates  lor  contingent  expenses. 
1780.  Failure  to  make  report. 
367G.  How  controlled,  etc. 


Sec. 

3682.  Restrictions  on  contingent  appro- 

priations. 

3683.  Purchases    from    contingent   fund 

restricted. 

Statement  to  be  made  to  Congress. 

Not  to  be  used  to  pay  salaries. 


SEC.  192.  The  amount  expended  in  any  one  year  for  news-        Title  4. 
papers,  for  any  Department,  except  the  Department  of  State,    Expenditure 
including  all  the  Bureaus  and  offices  connected  therewith,  ^^TSRffiu. 
shall  not  exceed  one  hundred  dollars.    And  all  newspapers  16,  v.  s.'p.  526. 
purchased  with  the  public  money  for  the  use  of  either  of  the 
Departments  must  be  preserved  as  files  for  such  Department. 

SEC.  1779.  No  executive  officer,  other  than  the  heads  of      Title  19- 
Departments,  shall  apply  more  than  thirty  dollars,  annually,    Expenditure 
out  of  the  contingent  fund  under  his  control,  to  pay  for  fo^7JiI5^. 
newspapers,  pamphlets,  periodicals,  or  other  books  or  prints  3,  v.  5,  P.  349. 
not  necessary  for  the  business  of  his  office. 

SEC.  193.  The  head  of  each  Department  shall  make  an    Annual  report 
annual  report  to  Congress,  giving  a  detailed  statement  of  Jf  ^tiUgeSt 
the  manner  in  which  the  contingent  fund  for  his  Depart-  fuj«J8-  26 
merit,  and  for  the  Bureaus  and  offices  therein,  has  been  8. 2o"v.'5,  p'.  527. ' 
expended,  giving  the  names  of  every  person  to  whom  any  18^°  Juno  20> 
portion  thereof  has  been  paid ;  and  if  for  anything  furnished, 
the  quantity  and  price;  and  if  for  any  service  rendered,  the 
nature  of  such  service,  and  the  time  employed,  and  the 
particular  occasion  or  cause,  in  brief,  that  rendered  such 
service  necessary;  and  the  amount  of  all  former  appropria- 
376 14 


210   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

tions  in  each  case  on  hand,  either  in  the  Treasury  or  in  the 
hands  of  any  disbursing  officer  or  agent.  And  he  shall 
require  of  the  disbursing  officers,  acting  under  his  direc- 
tion and  authority,  the  return  of  precise  and  analytical 
statements  and  receipts  for  all  the  moneys  which  may  have 
been  from  time  to  time  during  the  next  preceding  year 
expended  by  them,  and  shall  communicate  the  results  of 
such  returns  and  the  sums  total,  annually,  to  Congress. 
Title  10.  SEC.  430.  All  estimates  for  *  *  *  contingent  expenses 
Estimates  for  of  the  Department,  and  of  the  several  Bureaus,  shall  be 


ex 

5, 

See    sec. 
Appropriati 


uTy  Ti862,  s.  furnished  to  the  Secretary  of  the  Navy  by  the  chiefs  of  the 
v.  12,  p.'  511 . '    respective  B  ur eaus. 


SEC<  178°'    EveI>V  °fficer  Wno  HOglectS  OF  refuses  to  make 

any  return  or  report  which  he  is  required  to  make  at  stated 
42Jv1i41p  i«?'  8'  times  by  any  act  of  Congress  or  regulation  of  the  Depart- 
ment of  the  Treasury,  other  than  his  accounts,  within  the 
time  prescribed  by  such  act  or  regulation,  shall  be  fined 
not  more  than  one  thousand  dollars  and  not  less  than  one 
hundred. 

Title  41.          SEC.  3676.  All  appropriations  for    *     *     *     contingent 
Appropriations  expenses  for  the  Navy  Department  shall  be  under  the  con- 
olki-.S  Sbu  ^ro^  an(^  expended  by  the  direction  of  the  Secretary  of  the 
be  kiptNavy,  and  the  appropriation  for  each  Bureau  shall  be  kept 
l'  J862  s  separate  in  the  Treasury. 

p!  511   ' 


ui 

5,  v.  lip  511. 


SEC-  3683<  No  monevs  appropriated  for  contingent,  inci- 
appropriations."  dental,  or  miscellaneous  purposes  shall  be  expended  or  paid 
3,  v"i£p225o!°'8'  for  official  or  clerical  compensation. 

' 


p 

See  Aug.  7,   882. 


SEC'  3683<  No  Part  of  the  contingent  fund  appropriated 
restricted.         to  any  Department,  Bureau,  or  office,  shall  be  applied  to 
tne  purchase  of  any  articles  except  such  as  the  head  of  the 
Department  shall  deem  necessary  and  proper  to  carry  on 
the  business  of  the  Department,  Bureau,  or  office,  and  shall, 
by  written  order,  direct  to  be  procured. 
June  20,  1874.      Hereafter  a.  detailed  statement  of  the  expenditure  for 
statement  of  ex-  the  preceding  fiscal  year  of  all  sums  appropriated  for  con- 
S^I?rtedStb^£^nSeilt  expenses  in  any  Department  or   Bureau  of  the 
ning  of  session.   Government,  shall  be  presented  to  Congress  at  the  begin- 
of  each  regular  session. 


v.  19,  p.  156306; 
June>  20,  1874,  v. 
18,  p.  85,  and  eub- 
><-i|  urnt  acts. 
See  note  2. 

Aug.  7,  1882.       And  no  civil  officer,  clerk,  draughtsman,  copyist,  mes- 

Contingentfnmi  senger,  assistant  messenger,  mechanic,  watchman,  laborer, 

"a*  tc5erk88etct°  or  °^ner  employe"  shall  hereafter  be  employed  at  the  seat  of 

government  in  any  executive  department  or  subordinate 

Note  1.—  The  naval  appropriation  act  of  August  5,  1882,  forbids  paying  from  the 
contingent  fund  of  the  Navy  for  personal  services  in  the  Navy  Department  or  any 
of  its  subordinate  bureaus  or  offices  in  the  District  of  Columbia. 

Note  2.—  The  Secretary  of  the  Navy  can  draw  on  the  contingent  fund  for  purposes 
ofoa  contingent  character  —  that  is,  such  as  might  or  might  not  happen,  and  which 
Congress  could  not  easily  foresee,  and  therefore  could  not  provide  for  definitely. 
(Op.Tl,  302,  Wirt.) 

The  words  "contingent  expenses,"  aa  used  in  the  appropriation  nets,  mean  such 
incidental,  casual  expenses  us  are  necessary,  or  at  least  appropriate  and  convenient, 
in  order  to  the  performance  of  the  duties  required  by  law  of  the  Department  or  the 
office  for  which  the  appropriation  is  made.  (Op.,  XVI,  412,  Devens,  Dec.  19,  1879.) 


DEBTS  DUE  BY  OR  TO  THE  UNITED  STATES.       211 

bureau  or  office  thereof,  or  be  paid  from  any  appropriation 
made  for  contingent  expenses,  or  for  any  specific  or  general 
purpose,  unless  such  employment  is  authorized  and  pay- 
ment therefor  specifically  provided  in  the  law  granting  the 
appropriation,  and  then  only  for  services  actually  rendered 
in  connection  with  and  for  the  purposes  of  the  appropria- 
tion from  which  payment  is  made,  and  at  the  rate  of  com- 
pensation usual  and  proper  for  such  services.  *  *  * 

DEBTS  DUE  BY  OR  TO  THE  UNITED  STATES. 

Sec. 

3466.  Priority  established. 

3467.  Liability  of  executors. 

3468.  Priority  of  sureties. 

3469.  Compromises. 


3470.  Purchase  on  execution. 
Act  Mar.  3, 1875.    Deduction  of  debts  due 
from  judgments. 


SEC.  3466.  Whenever  any  person  indebted  to  the  United    Titio  so. 
States  is  insolvent,  or  whenever  the  estate  of  any  deceased    Pl.iority  egtab. 
debtor,  in  the  hands  of  the  executors  or  administrators,  is  li8j^(J; 
insufficient  to  pay  all  the  debts  due  from  the  deceased,  the  5,  vaiV'p.  5i5J 
debts  due  to  the  United  States  shall  be  first  satisfied;  and  ^.2,^799, 8.65, 
the  priority  hereby  established  shall  extend  as  well  tov> 
cases  which  a  debtor,  not  having  sufficient  property  to  pay 
all  his  debts,  makes  a  voluntary  assignment  thereof,  or  in 
which  the  estate  and  effects  of  an  absconding,  concealed, 
or  absent  debtor  are  attached  by  process  of  law,  as  to  cases 
in  which  an  act  of  bankruptcy  is  committed. 

SEC.  3467.  Every  executor,  administrator,  or  assignee,    Liability  of  ex- 
or  other  person,  who  pays  any  debt  due  by  the  person  orc?J/J58*.£j5w  8 
estate  from  whom  or  for  which  he  acts,  before  he  satisfies  65,  v.  i,  p!  676. " 
and  pays  the  debts  due  to  the  United  States  from  such 
person  or  estate,  shall  become  answerable  in  his  own  person 
and  estate  for  the  debts  so  due  to  the  United  States,  or  for 
so  much  thereof  as  may  remain  due  and  unpaid. 

SEC.  3468.  Whenever  the  principal  in  any  bond  given  to  Priority  of 
the  United  States  is  insolvent,  or  whenever,  such  principal  MjaS*' 
being  deceased,  his  estate  and  effects  which  come  to  the 
hands  of  his  executor,  administrator,  or  assignee,  are  insuf- 
ficient for  the  payment  of  his  debts,  and,  in  either  of  such 
cases,  any  surety  on  the  bond,  or  the  executor,  adminis- 
trator, or  assignee  of  such  surety  pays  to  the  United  States 
the  money  due  upon  such  bond,  such  surety,  his  executor, 
administrator,  or  assignee,  shall  have  the  like  priority  for 
the  recovery  and  receipt  of  the  moneys  out  of  the  estate 
and  effects  of  such  insolvent  or  deceased  principal  as  is 
secured  to  the  United  States;  and  may  bring  and  main- 
tain a  suit  upon  the  bond,  in  law  or  equity,  in  his  own 
name,  for  the  recovery  of  all  moneys  paid  thereon. 

SEC.  3469.  Upon  a  report  by  a  district  attorney,  or  any    compromise, 
special  attorney  or  agent  having  charge  of  any  claim  in 
favor  of  the  United  States,  showing  in  detail  the  condition 
of  such  claim,  and  the  terms  upon  which  the  same  may  be 
compromised,  and  recommending  that  it  be  com  promised  xvfrJSb480' 
upon  the  terms  so  offered,  and  upon  the  recommendation    Mar.  3,'  ise's,  8. 
of  the  Solicitor  of  the  Treasury,  the   Secretary  of  the10lV>12'p'74< 
Treasury  is  authorized  to  compromise  such  claim  accord- 


212   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

ingly.     But  the  provisions  of  this  section  shall  not  apply 
to  any  claim  arising  under  the  postal  laws. 

purchase  on     SEC.  3470.  At  every  sale,  on  execution,  at  the  suit  of  the 

''xii'a>-IS!i824,  s.  United   States,  of  lands  or  tenements  of  a  debtor,  the 

2,  v.  4,  p.  si.         United   States   may,  by   such  agent   as  the   Solicitor  of 

the  Treasury  shall  appoint,  become  the  purchaser  thereof; 

but  iii  no  case  shall  the  agent  bid  in  behalf  of  the  United 

States  a  greater  amount  than  that  of  the  judgment  for 

which  such  estate  may  be  exposed  to  sale,  and  the  costs. 

Whenever  such  purchase  is  made,  the  marshal  of  the  dis- 

trict in  which  trie  sale  is  held  shall  make  all  needful  con- 

veyances, assignments,  or  transfers  to  the  United  States. 

Mar.  3,  1875.       That  when  any  final  judgment  recovered  against  the 

Amount  of  debt  United  States  or  other  claim  duly  allowed  by  legal  author- 

duei  iu'nsi'  touboity,  shall  be  presented  to  the  Secretary  of  the  Treasury  for 

withheld  by  Sec-      J>  ,     .     ...^  i    •  •  11    T 

retary  of  Trtiaa-  payment,  and  the  plaintiff  or  claimant  therein  shall  be 

"ud  ine^it^etc^indebted  to  the  United  States  in  any  manner,  whether  as 

of  debtor  against  principal  or  surety,  it  shall  be  the  duty  of  the  Secretary  to 

withhold  payment  of  an  amount  of  such  judgment  or  claim 

equal  to  the  debt  thus  due  to  the  United  States;  and  if 

such  plaintiff  or  claimant  assents  to  such  set  off,  and  dis- 

charges his  judgment  or  an  amount  thereof  equal  to  said 

secretary    to  debt  or  claim,  the  Secretary  shall  execute  a  discharge  of 

chxarge"t°hen!8'  the  debt  due  from  the  plaintiff  to  the  United  States. 

But  if  such  plaintiff,  or  claimant,  denies  his  indebtedness 

to  the  United  States,  or  refuses  to  consent  to  the  set-off, 

then  the  Secretary  shall  withhold  payment  of  such  further 

amount  of  such  judgment,  or  claim,  as  in  his  opinion  will 

be  sufficient  to  cover  all  legal  charges  and  costs  in  prose- 

cuting the  debt  of  the  United  States  to  final  judgment. 

Proceeding^     And  if  such  debt  is  not  already  in  suit,  it  shall  be  the 

denie^debt,       duty  of  the  Secretary  to  cause  legal  proceedings  to  be  imme- 

diately commenced  to  enforce  the  same,  and  to  cause  the 

same  to  be  prosecuted  to  final  judgment  with  all  reasonable 

dispatch, 

Balance,   how     ^nd  jf  jn  Sllcn  action  judgment  shall  be  rendered  against 

paid  when  claim-    ,       TT    .  .j>  .    ,.        ,   f: 

ant  obtain*  judg-  the  United  States,  or  the  amount  recovered  for  debt  and 
nieut  against  u.  cos^s  shan  be  less  than  the  amouiit  so  withheld  as  before 
^  Mar.  3,  1875,  v.  provided,  the  balance  shall  then  be  paid  over  to  such  plain- 
18see4note].  tiff  by  such  Secretary  with  six  per  cent,  interest  thereon 
for  the  time  it  has  been  withheld  from  the  plaintiff. 


»  .  —  Security  for  a  debt  is  not  payment.  The  Fourth  Auditor  is  not  author- 
ized to  consider  security  offered  for  a  debt  duo  tin-  United  Stiitcs,  however  ample 
it  may  be,  a  payment  of  a  debt.  (Op.,  I,  p.  593,  Wirt,  Jan.  24,  1823.) 


DISBURSING   OFFICERS    AND    AGENTS. 


213 


DISBURSING   OFFICERS   AND   AGENTS. 


Bee. 

285.  Disbursements    by    order  of  com- 
manding officer. 
057.  Suits  agjuiiat  delinquents. 

i::s«.i.   ravinaMers  not  to  loan. 

l.r.r>o.  Disbursing  agents  on  foreign  sta 
lions. 

l.")G:!.   Advances  on  distant  stations. 

17<;<i.  Officers  in  arrears. 

1788.  Disbursing*  officers  forbidden  to 
trade  in  public  funds  or  property. 

'.1014.  Bonds  of  special  agents. 

36UO.  Duty  of  disbursing  officers. 

3621.  Penalty  for  failure  to  deposit  when 
required. 

3f>±2.  Accounts,  when  to  be  rendered. 

3023.  Distinct  accounts  required. 

3624.  Suits  to  recover  moneys  from  of- 
ficers. 

3630.  Duties  of  custodian  of  public  money. 

3648.  Advances  prohibited. 


Sec. 

5481.  Officers  guilty  of  extortion. 

5483.  Requiring  receipts  for  larger  sums 

than  paid. 
5488.  Unlawfully     depositing,     loaning, 

etc.,  public  moneys. 

5490.  Custodian  of  public  money  failing  to 

safely  keep  without  loaning,  etc. 

5491.  Failure    of  officers    to    render  ac- 

counts, etc. 

5492.  Failure  to  deposit  as  required. 

5493.  Provisions    of  the    five   preceding 

sections,  how  applied. 

5494.  Record  evidence  of  embezzlement. 

5495.  Prima-facie  evidence. 

5496.  Evidence  of  conversion. 

5497.  Unlawfully  receiving,   etc.,   to  be 

embezzlement. 

Act  Feb.  3,  1879.— Embezzlement  by  in- 
ternal-revenue officers,  etc.,  pen- 
alty. 


SEC.  285.  Every  disbursement  of  public  moneys,  or  dis-  Title  ?,  chap.  4. 
posal  of  public  stores,  made  by  a  disbursing  officer  pursuant  Disbursements, 
to  an  order  of  any  commanding  officer  of  the  Navy,  shall  commandfnoffi* 
be  allowed  by  the  proper  accounting  officers  of  the  Treasury,  cer  of  Navy 
in  the  settlement  of  the  accounts  of  the  officer,  upon  satis-re 
factory  evidence  of  the  making  of  such  order,  and  of  the 
payment  of  money  or  disposal  of  stores  in  conformity  with 
it;  and  the  commanding  officer  by  whose  order  such  dis-- 
bursement  or  disposal  was  made,  shall  be  held  accountable 
for  the  same. 

SEC.  957.  When  suit  is  brought  by  the  United  States  Titiei8,ciiaP.i8. 
against  any  revenue  officer  or  other  person  accountable  for  Delinquents  for 
public  money,  who  neglects  or  refuses  to  pay  into  the  Treas-  ^S«S°aterfr 
ury  the  sum  or  balance  reported  to  be  due  to  the  United  turn  term,  un 
States,  upon  the  adjustment  of  his  account  it  shall  be  the3e5aytc3  1797  s 
duty  of  the  court  to  grant  judgment  at  the  return  term,  3,v.i,p.5i4. 
upon  motion,  unless  the  defendant,  in  open  court,  (the    ' 
United  States  attorney  being  present,)  makes  and  sub- 
scribes an  oath  that  lie  is  equitably  entitled  to  credits  which 
had  been,  previous  to  the  commencement  of  the  suit,  sub- 
mitted to  the  accounting  officers  of  the  Treasury,  and 
rejected ;  specifying  in  the  affidavit  each  particular  claim 
so  rejected,  and  that  he  cannot  then  safely  come  to  trial. 
If  the  court,  when  such  oath  is  made,  subscribed,  and  filed, 
is  thereupon  satisfied,  a  continuance  until  the  next  succeed- 
ing term  may  be  granted.    Such  continuance  may  also  be 
granted  when  the  suit  is  brought  upon  a  bond  or  other 
sealed  instrument,  and  the  defendant  pleads  non  est  factum, 
or  makes  a  motion  to  the  court,  verifying  such  plea  or 
motion  by  his  oath,  and  the  court  thereupon  requires  the 
production  of  the  .original  bond,  contract,  or  other  paper 
certified  in  the  affidavit.    And  no  continuance  shall  be 
granted  except  as  herein  provided. 

SEC.  1380.  It  shall  not  be  lawful  for  any  paymaster,  Title  is,  chap.  i_ 
passed  assistant  paymaster,  or  assistant  paymaster,  to  Loans  to  officers 
advance  or  loan,  under  any  pretense  whatever,  to  any  officer  by^J^iSJ'8. 
in  the  naval  service,  any  sum  of  money,  public  or  private,  6.  v.j,"  K  £»«; 
or  any  credit,  or  any  article  or  commodity  whatever.  r 


214   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Title  is,  chap.  ?.     SEC.  1550.  No  per  son  shall  be  employed  or  continued 
Disbursements  abroad,  to  receive  and  pay  money  for  the  use  of  the  naval 
t£n8°reigu  sta"  service  on  foreign  stations,  whether  under  contract  or  other- 
June  IT,  1844,8.  wise,  who  has  not  been,  or  shall  not  be,  appointed  by  and 

with  the  advice  and  consent  of  the  Senate. 

Title  is,  chap,  s.     gEC.  1563.  The  President  of  the  United  States  may  direct 

Advances    tosuch  advances,  as  he  may  deem  necessary  and  proper,  to 

K'stations.'118" sucn  persons  in  the  naval  service  as  may  be  employed  on 

Jan,  31.1823,8.  distant  stations  where  the  discharge  of  the  pay  and  emol- 

^BeeMMJMtt.    uinents  to  which  they  are  entitled  cannot  be  regularly 

effected. 

Title  10-          SEC.  176G.  No  money  shall  be  paid  to  any  person  for  his 
officers  in  ar-  compensation  who  is  in  arrears  to  the  United  States,  until 
rej^  25 1828  v  he  has  accounted  for  and  paid  into  the  Treasury  all  sums 
4,  p.  246;  May  2o,'  for  which  he  may  be  liable.     In  all  cases  where  the  pay  or 
salary  of  any  person  is  withheld  in  pursuance  of  this  sec- 
tion, the  accounting  officers  of  the  Treasury,  if  required  to 
do  so  by  the  party,  his  agent  or  attorney,  shall  report  forth- 
with to  the  Solicitor  of  the  Treasury  the  balance  due;  and 
the  Solicitor  shall,  within  sixty  days  thereafter,  order  suit 
to  be  commenced  against  such  delinquent  and  his  sureties. 
Disbursing offi-     SEC.  1788.  Every  officer  of  the  United  States  concerned 
trudofo^nldpubiic  in  the  disbursement  of  the  revenues  thereof  who  carries  on 
funds  or  prop-  an y  trade  or  business  in  the  funds  or  debts  of  the  United 
ergept.  2, 1789,  s.  States,  or  of  any  State,  or  in  any  public  property  of  either, 
s  i792ps6i2;  M*y  shall  be  deemed  guilty  of  a  misdemeanor,  and  punished  by 
P.  28i;  Mar.'  2,  B,  fine  of  three  thousand  dollars,  and  shall,  upon  conviction, 
6959'8'87'Vf  1>P<  ^e  removed  from  office,  and  forever  thereafter  be  incapable 

•f  holding  any  office  under  the  United  States. 
Title  40.          SEC.  3614.  Whenever  it  becomes  necessary  for  the  head 
Bond  of  special  of  any  Department  or  office  to  employ  special  agents,  other 
^AUS'  4  1854  s  *nan  officers  of  the  Army  or  Navy,  who  may  be  charged 
14,  v.  16,  p.  573.'  '  with  the  disbursement  of  public  moneys,  such  agent  shall, 
tins8  section  before  entering  upon  duty,  give  bond  in  such  form  and 
under  attorneys  with  such  security  as  the  head  of  the  Department  or  office 
employing  them  may  approve. 

Note  1.— The  phrase  "who  is  in  arrears  to  the  United  States  "  seems  to  apply  materi- 
ally and  properly  only  to  persons  who,  having  previous  transactions  of  a  pecuniary 
nature  with  the  Government,  are  found,  upon  tho  settlement  of  those  transactions, 
to  be  in  arrears  to  the  Government  by  holding  in  their  hands  public  ixoneys  which 
they  are  to  refund.  (Op.,  I,  676,  Wirt,  July  22,  1824 ;  III,  52,  Butler,  Mar.  21,  1836.) 
Pay  of  officers,  ascertained  to  be  in  default,  can  be  withheld  where  tho  time  for  the 
accounting  duly  has  actually  passed — not  otherwise.  (Op.,  IV,  33,  May  24,  1842, 
Legare.) 

"  Pay, "  "salary, "  or  "compensation  "  are  synonymous  terms,  under  tho  act  of  Jan- 
nary  25,  1828,  authorizing  the  withholding  of  the  pay  of  persons  in  arrears.  'Die 
authority  does  not  extend  to  rations.  (Op.,  II.  420.)  "Extra  pay,"  which  is  not  pay 
proper,  can  not  be  withheld.  (Op.,  II,  593.) 

The  officers  of  the  Treasury  are  authorized  to  withhold  the  pay  of  officers  of  the 
Government  who  are  ascertained  to  bo  defaulters,  where  the  time  for  accounting  has 
actually  passed,  but  not  otherwise.  "Forthwith  "  is  equivalent  to  "without  unnec- 
essary delay."  (Op.,  IV,  33,  Legare,  May  24, 1842.) 
)f  >" 


It  is  the  duty  of  disbursing  officers  to  repay  funds  remaining  in  hand  when  the 
time  for  them  to  go  to  the  surplus  fund  arrives.  (Vi-ti  lira  tea  issued  previous  to  that 
time,  upon  claims  definitely  ascertained,  may  be  paid  out  of  these  appropriations, 
even  though  the  time  has  passed  for  them  to  go  to  the  surplus  fund,  if  the  disburs- 
ing officer  nas  any  of  the  appropriation  in  his  hands.  For  what  period  and  to  what 
amount  such  officers  should  be  allowed  to  retain  funds  in  their  hands  for  that  pur- 
pose is  a  matter  of  administration  falling  within  the  province  of  tho  Secretary  ot  the 
Treasury  to  regulate.  (Op.,  XV,  357,  Devens,  Aug.  10, 1877.) 

Tho  words  "expenditures  incurred"  do  not  mean  liabilities  incurred.  To  incur 
an  expenditure  is  to  make  a  payment — to  expend  money.  To  incur  liability  and  to 
incur  an  expenditure  are  two  different  and  distinct  things :  and  while  the  word  incur 
is  not  frequently  used  in  connection  with  expenditure,  yet  when  used  it  means  an 
expenditure  actually  made.  (Op.,  XIV,  128,  AVilliams,  Sept.  17,  1878.) 


DISBURSING   OFFICERS   AND   AGENTS.  215 

SEC.  3620.  It  shall  be  the  duty  of  every  disbursing  officer 


u 

having  any  public  money  intrusted  to  him  for  disbursement,  "£££>  u, 
to  deposit  the  same  with  the  Treasurer  or  some  one  of  the  J;e{;  JVisft  6v; 
assistant  treasurers  of  the  United  States,  and  to  draw  for  19,  P.  249. 
the  same  only  as  it  may  be  required  for  payments  to  be 
made  by  him  iu  pursuance  of  law  and  draw  for  the  same 
only  in  favor  of  the  persons  to  whom  payment  is  made; 
and  all  transfers  from  the  Treasurer  of  the  United  States  to 
a  disbursing  officer  shall  be  by  draft  or  warrant  on  the 
Treasury  or  an  assistant  treasurer  of  the  United  States. 
In  places,  however,  where  there  is  no  treasurer  or  assistant 
treasurer,  the  Secretary  of  the  Treasury  may,  when  lie 
deems  it  essential  to  the  public  interest,  specially  authorize 
in  writing  the  deposit  of  such  public  money  in  any  other 
public  depository,  or,  in  writing,  authorize  the  same  to  be 
kept  in  any  other  manner,  and  under  such  rules  and  regu- 
lations as  he  may  deem  most  safe  and  effectual  to  facilitate 
the  payments  to  public  creditors. 

SEC.  3621.  Every  person  who  shall  have  moneys  of  the 
United  States  in  his  hands  or  possession  shall  pay  the  same  mroney°when°ri- 
to  the  Treasurer,  an  assistant  treasurer,  or  some  public  ^jf^  1857  B 
depositary  of  the  United  States,  and  take  his  receipt  for  3,  v.  n,  p'.  249.  ' 
the  same,  in  duplicate,  and  forward  one  of  them  forthwith    gSJJJJ0^. 
to  the  Secretary  of  the  Treasury. 

SEC.  3622.  Every  officer  or  agent  of  the  United  States    Accounts. 
who  receives  public  money  which  he  is  not  authorized  to  1  ^u[i^7\^6j^: 
retain  as  'salary,  pay,  or  emolument,   shall    render  his  Mai-.  21>i8071res! 
accounts  monthly.    Such  accounts,  with  the  vouchers  neces-  juij*  is!'  i^Vo,  a! 
sary  to  the  correct  and  prompt  settlement  thereof,  shall 
sent  by  mail,  or  otherwise,  to  the  Bureau  to  which  they  P.  249.  ' 
pertain,  within  ten  days  after  the  expiration  of  each  sue- 


cessive  month,  and,  after  examination  there,  shall  be  passed  proviso  rep  oai- 
to  the  proper  accounting  officer  of  the  Treasury  for  settle-  j£  par 
ment.     Disbursing  officers  of  the  Navy  shall,  however,    See  sec.  5491. 
render  their  accounts  and  vouchers  direct  to  the  proper 
accounting  officer  of  the  Treasury.     In  case  of  the  non- 
receipt  at  the  Treasury,  or  proper  Bureau,  of  any  accounts 
within  a  reasonable  and  proper  time  thereafter,  the  officer 
whose  accounts  are  in  default  shall  be  required  to  furnish 
satisfactory  evidence  of  having  complied  with  the  provi- 

Note  1.  —  If  a  disbursing  officer  in  good  faith  deposits  public  money  in  a  desig- 
nated depository,  loss  of  the  moneys  through  failure  of  the  bank  can  not  bo  imputed 
to  the  fault  or  negligence  of  the  officer.  So  long  as  the  Government  holds  him 
responsible  and  does  not  bring  suit,  so  long  he  has  the  right  to  petition  the  Court  of 
Claims  for  relief.  (C.  C.,  XVII,  189.) 

Note  2.  —  Money  in  the  hands  of  a  disbursing  officer  of  the  United  States  due  and  . 

payable  by  him  to  a  private  person  can  not  bo  attached  by  process  out  of  the  State 
courts.  (4  Howard,  20.)  It  is  not  competent  to  the  State  courts  to  enjoin  officers  of 
the  Executive  Departments  from  executing  the  lawful  orders  thereof,  whether  they 
concern  the  payment  of  money  for  the  performance  of  contracts  with  the  United 
States  or  any  other  matter.  (Op.,  XVI,  257,  Devens,  Jan.  29,  1879.) 

The  Supreme  Court  has  repeatedly  decided  that  the  courts  have  no  jurisdiction  or 
authority  over  the  moneys  of  the  Government  in  the  hands  of  its  agents,  and  that 
such  moneys  can  not  be  enjoined  or  controlled  by  a  mandamus.  (Op.,  VII,  81,  Gush- 
ing, Mar.  29,  1855.)  Not  subject  to  attachment  at  the  suit  of  creditors  of  the  parties 
to  whom  such  money  is  due.  (Op.,  XIII,  Akerman,  Jan.7,  1872  ;  see  also  Op.,  X,  120.) 

DECISIONS  OF  AUDITORS. 

Note  S.—It  is  no  part  of  the  duties  of  the  Auditors  (except  the  Sixth  Auditor)  to     C.  C.,  v.  18,  p. 
make  decisions  binding  in  any  way  upon  anybody,  and  their  opinions  and  decisions  707.  Kidgeway's 
upon  controverted  questions,  if  they  choose  to  give  them,  have  no  official  determining  case. 
force.    (K.  S.,  sees.  270-300.) 


216       LAWS   RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 


July  31,  1894. 

Current  a7- 
counts;  when  to 

°seeunote  i! 


-when  to  be 


Requisitions 
proved°onHfeHn" 


°r  °tber  rea 


Treasury. 


for  par- 
fci  seenote?' 


Delays    in 


sions  of  this  section.  The  Secretary  of  the  Treasury  may, 
if  in  his  opinion  the  circumstances  of  the  case  justify  and 
require  it,  extend  the  time  hereinbefore  prescribed  for  the 
rendition  of  accounts.  Nothing  herein  contained  shall, 
however,  be  construed  to  restrain  the  heads  of  any  of  the 
Departments  from  requiring  such  other  returns  or  reports 
from  the  officer  or  agent,  subject  to  the  control  of  such 
heads  of  Departments,  as  the  public  interest  may  require. 

SEC.  12.  All  monthly  accounts  shall  be  mailed  or  other- 
wise  sent  to  the  proper  officer.  at  Washington  within  ten 
days  after  the  end  of  the  month  to  which  they  relate,  and 
quarterly  and  other  accounts  within  twenty  days  after  fhe 
period  to  which  they  relate, 

and  shall  be  transmitted  to  and  received  by  the  Auditors 
within  twenty  days  of  their  actual  receipt  at  the  proper 
office  in  Washington  in  the  case  of  monthly,  and  sixty  days 
in  the  case  of  quarterly  and  other  accounts. 

Should  there  be  any  delinquency  in  this  regard  at  the 
time  of  tae  receipt  by  the  Auditor  of  a  requisition  for  an 
advance  of  money,  he  shall  disapprove  the  requisition, 

which  he  may  also  do  for  other  reasons  arising  out  of  the 
condition  of  the  officer's  accounts  for  whom  the  advance  is 
requested  ; 

but  the  Secretary  of  the  Treasury  may  overrule  the 
Auditor's  decision  as  to  the  sufficiency  of  these  latter  rea- 
sons: 

Provided,  That  the  Secretary  of  the  Treasury  shall  pre- 
scribe  suitable  rules  and  regulations,  and  may  make  orders 
in  particular  cases,  relaxing  the  requirement  of  mailing 
or  otherwise  sending  accounts,  as  aforesaid,  within  ten  or 
twenty  days,  or  waiving  delinquency,  in  such  cases  only  in 
which  there  is,  or  is  likely  to  be,  a  manifest  physical  diffi- 
culty in  complying  with  the  same,  it  being  the  purpose  of 
this  provision  to  require  the  prompt  rendition  of  accounts 
without  regard  to  the  mere  convenience  of  the  officers, 
and  to  forbid  the  advance  of  money  to  those  delinquent  in 
rendering  them: 

Provided  further,  That  should  there  be  a  delay  in  the 
administrative  Departments  beyond  the  aforesaid  twenty  or 
sixty  days  in  transmitting  accounts,  an  order  of  the  Pres- 
ident in  the  particular  case  shall  be  necessary  to  authorize 
the  advance  of  money  requested  : 


Note  I.—  This  section  is  a  substitute  for  parts  .of  R.  S.,  sec.  3622.  A  portion  of  that 
section  is  expressly  repealed  at  the  close  of  this  section  12.  See  penalty  for  failure 
to  render  accounts,  R.  S.,  sec.  5491,  and  rule  as  to  manner  of  keeping  accounts  R.  S., 
sec.  3628. 

Note  2.—  By  letter  of  September  29,  18U4,  to  the  Secretary  of  the  Interior,  the  Sec- 
retary of  the  Treasury  made  the  following  order  under  this  provision: 

"Ton  are  respect  fully  requested  to  notify  the  proper  officer  of  your  Department 
that  in  accordance  with  authority  contained  in  section  12  of  tin'  '  A<t  making  appro- 
priations for  the  legislative,  executive,  and  judicial  expenses  of  the  Government 
for  the  fiscal  year  ending  Juno  30,  1895,  and  for  other  purposes,'  which  provides  that 
the  Secretary  of  the  Treasury  *  *  *  '  may  make  orders  in  particular  cases,  relax- 
ing the  requirements  of  mailing  or  otherwise  sending  accounts,  as  aforesaid,  within 
ten  or  twenty  days,  or  waiving  delinquency,  in  such  cases  only  in  which  there  is,  or 
is  likely  t«  be,  a  manifest  .physical  ditliculty  in  complying  with  tln«  same,' 
the  requirements  of  Department  circular  Xo'.  1  11  are  lieivby  modified  solar  as  relates 
to  rendition  of  accounts  of  pension  a  gen  Is  for  the  same  months  in  which  the  quar- 
terly payments  at  their  agencies  fall  due  and  the  period  for  the  rendition  of  .such 
accounts  is  hereby  extended  to  twenty  -five  days  after  t  lie  close  of  t  he  month  In  which 
they  relate,  there  being  a  manifest  dilliculty  in  rendering  such  accounts  within  the 
ten  days  proscribed  by  section  12  of  the  act  of  July  31  i>:u. 


DISBURSING    OFFICERS    AND    AGENTS.  217 


The  Secretary  of  the  Treasury  shall,  on  the  first  Monday 
of  January  in  each  year,  make  report  to  Congress  of  such  ° 
officers  as  are  then  delinquent  in  the  rendering  of  their 
accounts  or  in  the  payment  of  balances  found  due  from 
them  for  the  last  preceding  fiscal  year. 

Sections  two  hundred  and  fifty  and  two  hundred  and  sev-  •  Repeal  of  B.  s.f 
enty-two  of  the  Revised  Statutes  are  repealed. 

Section  thirty-six  hundred  and  twenty-two  of  the  Revised 
Statutes  is  amended  by  striking  therefrom  the  following 
words: 

"The  Secretaryof  the  Treasury  may,  if  in  his  opinion  the  .Extension   of 

.,,,  .  ./.  •        •,  -,   ,1      time    by    Socre- 

circumstances  ot  the  case  justify  and  require  it,  extend  the  tary  repealed. 
time  hereinbefore  prescribed  for  the  rendition  of  accounts.7'  K-  s  •  sec-  3622> 

******* 

SEC.  14.  In  the  case  of  claims  presented  to  an  Auditor    where  no  ad- 
which  have  not  had  an  administrative  examination,  the™\"^nive8^; 
Auditor  shall  cause  them  to  be  examined  by  two  of  his  sub-  22,beiow.  ' 
ordinates  independently  of  each  other. 

SEC.  3623.  All  officers,  agents,  or  other  persons,  receiv-    Distinct  ac- 
ing  public  moneys,  shall  render  distinct  accounts  of  the^ 
application  thereof,  according  to  the  appropriation  under  ^ 
which  the  same  may  have  been  advanced  to  them. 

SEC.  3624.  Whenever  any  person  accountable  for  public   Snit*  to  ™oovnr 
money,  neglects  or  refuses  to  pay  in  to  the  Treasury  the 


or  balance  reported  to  be  due  to  the  United  States,  upon  the  l  JIar- 
adjustment  of  his  account,  the  First  Comptroller  of  the  ' 
Treasury  shall  institute  suit  for  the  recovery-  of  the  same, 
adding  to  the  sum  stated  to  be  due  on  such  account,  the 
commissions  of  the  delinquent,  which  shall  be  forfeited  in 
every  instance  where  suit  is  commenced  and  judgment  ob- 
tained thereon,  and  an  interest  of  six  per  centum  per  annum, 
from  the  time  of  receiving  the  money  until  it  shall  be  repaid 
into  the  Treasury. 

SEC.  3639.  *  *  *  all  public  officers  of  whatsoever  char-  Duties  of 
acter,  are  required  to  keep  safely,  without  loaning,  using,  °nrs8  Oa£ 
depositing  in  banks,  or  exchanging  for  other  funds  than  as  ™oney8-f 
specially  allowed  by  law,  all  the  public  money  collected  by  6,  v.  nfpjoof  Mar! 
them,  or  otherwise  at  any  time  placed  in  their  possession  3'  J|45J;  ^.v.  11, 
and  custody,  till  the  same  is  ordered,  by  the  proper  Depart-  1852,  s'.  7'  v!  10,  p! 
merit  or  officer  of  the  Government,  to  be  transferred  or  paid  J2^  ^a^  :j;  ^ 
out;  and  when  such  orders  for  transfer  or  payment  are  July  i,  1  864,  s.  s,' 
received,  faithfully  and  promptly  to  make  the  same  ^JiAa&sJsivaai 
directed,  and  to  do  and  perform  all  other  duties  as  fiscal  fjg2?  Fel>-  18« 
agents  of  the  Government  which  may  be  imposed  by  Banyan/*"  >P 
law,  or  by  any  regulation  of  the  Treasury  Department  See  8CC-  5497- 
made  in  conformity  to  law.  *  *  * 

SEC.  3648.  No  advance  of  public  money  shall  be  made  in    ^j^van^0    °f 
any  case  whatever.     And  in  all  cases  of  contracts  for  the  prohibited.0"' 

DISBURSING  AGENTS  OF  PUBLIC  BUILDINGS. 

Note  1.  —  An  act  approved  August  7,  1882  (chap.  433,  vol.  22,  p.  306),  provides  that 
"  any  disbursing  n^ent  who  lias  been  or  may  be  appointed  to  disburse  any  appropri- 
ation for  any  Tnitcd  States  court-house  ;ind  post-office,  or  other  building  or  grounds, 
not  located  within  the  city  of  W.'ishinjjton,  .shall  bo  entitled  to  the  compensation 
allowed  by  law  to  collectors  of  customs  for  such  amounts  as  have  been  or  may  be 
disbursed. 


218   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Jan.3],  1823,  s.  performance  of  any  service,  or  tlie  delivery  of  articles  of 
3lsee8ec72i563.  any  description,  for  the  use  of  the  United  States,  payment 
shall  not  exceed  the  value  of  the  service  rendered,  or  of 
the  articles  delivered  previously  to  such  payment.  It 
shall,  however,  be  lawful,  under  the  special  direction  of 
the  President,  to  make  such  advances  to  the  disbursing 
officers  of  the  Government  as  may  be  necessary  to  the 
faithful  and  prompt  discharge  of  their  respective  duties, 
and  to  the  fulfillment  of  the  public  engagements.  The 
President  may  also  direct  such  advances  as  he  may  deem 
necessary  and  proper,  to  persons  in  the  military  and  naval 
service  employed  on  distant  stations,  where  the  discharge 
of  the  pay  and  emoluments  to  which  they  may  be  entitled 
cannot  be  regularly  effected. 

Title  70, chap.  o.     SEC.  5481.  Every  officer  of  the  United  States  who  is 

officer  of  the  guilty  of  extortion  under  color  of  his  office  shall  be  puii- 

Ui?iff^ofSettor*isne(^  kv  a  fine  of  not  more  than  five  hundred  dollars,  or 

tiou!y  *        >r  by  imprisonment  not  more  than  one  year,  except  those  offi- 

12*1*4  p  iis5' 8>  cers  or  agents  of  the  United  States  otherwise  differently 

and  specially  provided  for  in  subsequent  sections  of  this 

chapter. 

for  SEC.  5483.  Every  officer  charged  with  the  payment  of 
any  of  the  appropriations  made  by  any  act  of  Congress, 
4  M 10  3>  239^' 8'  wno  Pavs  to  any  clerk,  or  other  employe"  of  the  United 
States,  a  sum  less  than  that  provided  by  law,  and  requires 
such  employe"  to  receipt  or  give  a  voucher  for  an  amount 
greater  than  that  actually  paid  to  and  received  by  him,  is 
guilty  of  embezzlement,  and  shall  be  fined  in  double  the 
amount  so  withheld  from  any  employ6  of  the  Government, 
and  shall  be  imprisoned  at  hard  labor  for  the  term  of  two 
years. 

Disbursing  of-     SEC.  5488.  Every  disbursing  officer  of  the  United  States 
deposit?/.^  co£  wll°  deP°.sits  any  public  money  intrusted  to  him  in  any 
verting,  loaning,  place  or  in  any  manner,  except  as  authorized  by  law,  or 
pJbiica"ionery!ng  converts  to  his  own  use  in  any  way  whatever,  or  loans 
s  2Uv6i4  4'  w66'  with  or  without  interest,  or  for  any  purpose  not  prescribed 
by  law  withdraws  from  the  Treasurer  or  any  assistant 
treasurer,  or  any  authorized  depository,  or  for  any  purpose 
not  prescribed  by  law  transfers  or  applies  any  portion  of 
the  public  money  intrusted  to  him,  is,  in  every  such  act, 
deemed  guilty  of  an  embezzlement  of  the  money  so  de- 
posited, converted,  loaned,  withdrawn,  transferred,  or  ap- 
plied; and  shall  be  punished  by  imprisonment  with -hard 
labor,  for  a  term  not  less  than  one  year  nor  more  than  ten 
years,  or  by  a  fine  of  not  more  than  the  amount  embezzled 
or  less  than  one  thousand  dollars,  or  by  both  such  fine  and 
imprisonment. 

(0<1mono0f     ^EC*  ^90.  Every  officer  or  other  person  charged  by  any 
?  safely  act  of  Congress  with  the  safe-keeping  of  the  public  moneys, 
oihoutwno  *a^s  *°  safety  keep  the  same,  without  loaning,  using, 
.  o,  1846, ».  converting  to  his  own  use,  depositing  in  banks,  or  exchang- 
ing  for  other  funds  than  as  specially  allowed  by  law,  shall 
be  guilty  of  embezzlement  of  the  money  so  loaned,  used, 
converted,  deposited,  or  exchanged ;  and  shall  be  imprisoned 
not  less  than  six  months  nor  more  than  ten  years,  and  fined 
in  a.  sum  equal  to  the  amount  of  money  so  embezzled, 


DISBURSING    OFFICERS   AND   AGENTS.  219 

SEC.  5491.  Every  officer  or  agent  of  the  United  States    Failure  of  om- 

.   "    _          -  -  «  ~   •    i     i        •  j_         A  i  C6r  to  render  ftc- 

who,  having  received  public  moiiey  wnicli  he  is  iiot  author-  counts,  etc. 
ized  to  retain  as  salary,  pay,  or  emolument,  fails  to  render  VJ^^  7^f  J^ 
his  accounts  for  the  same  as  provided  by  law,  shall  be  is,  mb,  s.'is,  v. 
deemed  guilty  of  embezzlement,  and  shall  be  fined  in  allSe?;™^?*?!?; 
sum  equal  to  the  amount  of  the  money  embezzled,  and  shall  ^JKf^f^  c; 
be  imprisoned  not  less  than  six  mouths  or  more  than  ten  03.  '"see  M£ 
years.  3622'3633- 

SEC.  5492.  Every  person  who,  having  moneys  of  the  ^^^^ 
United  States  in  his  hands  or  possession,  fails  to  make  Mar.  3,  iss?,  B! 
deposit  of  the  same  with  the  Treasurer,  or  some  assistant  ^u^ 
treasurer,  or  some  public  depositary  of  the  United  States,  v.  9,  i>.  bs. 
when  required  so  to  do  by  the  Secretary  of  the  Treasury, 
or  the  head  of  any  other  proper  Department,  or  by  the 
accounting  officers  of  the  Treasury,  shall  be  deemed  guilty 
of  embezzlement  thereof,  and  shall  be  imprisoned  not  less 
than  six  months  nor  more  than  ten  years,  and  fined  in  a 
sum  equal  to  the  amount  of  money  embezzled. 

SEC.  5493.  The  provisions  of  the  five  preceding  sections  « 
shall  be  construed  to  apply  to  all  persons  charged  with  thein 
safe-keeping,  transfer,  or  disbursement  of  the  public  money,  aig0  1846  a 
whether  such  persons  be  indicted  as  receivers  or  deposita-ie.v.o.p.'es.  ' 
ries  of  the  same. 

SEC.  5494.  Upon  the  trial  of  any  indictment  against  any    Record   evi- 
person  for  embezzling  public  money  under  the  provisions  SSnt.  61 
of  the  six  preceding  sections,  it  shall  be  sufficient  evidence,    J,bi(L       nA9r 

/>-,  /»        i  •  T         i  •  j  i  C56©    86C8.   oD^O, 

for  the  purpose  of  showing  a  balance  against  such  person,  3033,  under  Dis- 
to  produce  a  transcript  from  the  books  and  proceedings  of  tre"8  Warrants- 
the  Treasury,  as  required  in  civil  cases,  under  the  provisions 
for  the  settlement  of  accounts  between  the  United  States 
and  receivers  of  public  money. 

SEC.  5495.  The  refusal  of  any  person,  whether  in  or  out 


CVC 


of  office,  charged  with  the  safe-keeping,  transfer,  or  dis-  CVAug.C6|  ma,  «. 

bursement  of  the  public  money,  to  pay  any  draft,  order,  or  io,v.o,  p.1  GS. 

warrant,  drawn  upon  him  by  the  proper  accounting  officer 

of  the  Treasury,  for  any  public  money  in  his  hands  belong- 

ing to  the  United  States,  no  matter  in  what  capacity  the 

same  may  have  been  received,  or  may  be  held,  or  to  transfer 

or  disburse  any  such  money  promptly,  upon  the  legal  require- 

ment of  any  authorized  officer,  shall  be  deemed,  upon  the 

trial  of  any  indictment  against  such  person  for  embezzle- 

ment, as  prima-facie  evidence  of  such  embezzlement. 

SEC.  549G.  If  anv  officer  charged  with  the  disbursement    Evidence  of 

/»  j_i  i_i«  •  •,  .-i      conversion. 

of  the  public  moneys,  accepts,  receives,  or  transmits  to  the    ibid. 
Treasury  Department  to  be  allowed  in  his  favor,  any  receipt  un^eeer  che'ck3s.52' 
or  voucher  from  a  creditor  of  the  United  States,  without 
having  paid  to  such  creditor  in  such  funds  as  the  officer 
received  for  disbursement*or  in  such  funds  as  he  may  be 
authorized  by  law  to  take  in  exchange,  the  full  amount 
specified  in  such  receipt  or  voucher,  every  such  act  is  an  act 
of  conversion,  by  such  officer,  to  his  own  use,  of  the  amount 
specified  in  such  receipt  or  voucher. 

Hereafter  every  officer  required  by  law  to  take  an 
approve  official  bonds  shall  cause  the  same  to  be  examined 
at  least  once  every  two  years  for  the  purpose  of  ascertain- 


220   LAWS  RELATING  TO  THE  NAVY,  MARINE .  CORPS,  ETC. 


— or  oftenor. 


— renewal   waiv 
ed,  when. 


official   bonds ing  the  sufficiency  of  the  sureties  thereon;  and  every  offi- 

to    be  examined       ° ,         .  -n^i  /»  b    •    -,  i          -11-11 

every  two  years,  cer  having  power  to  fix  the  amount  of  an  official  bond  shall 
examine  it  to  ascertain  the  sufficiency  of  the  amount  thereof 
and  approve  or  fix  said  amount  at  least  once  in  two  years 
and  as  much  ofteuer  as  he  may  deem  it  necessary. 

—t<.  i.e  renewed     Hereafter  every  officer  whose  duty  it  is  to  take   and 
"s-  approve  official  bonds  shall  cause  all  such  bonds  to  be 
renewed  every  four  years  after  their  dates. 

But  he  may  require  such  bonds  to  be  renewed  or  strength- 
ened ofteuer  if  he  deem  such  action  necessary. 

In  the  discretion  of  such  officer  the  requirement  of  a  new 
bond  may  be  waived  for  the  period  of  service  of  a  bonded 
officer  after  the  expiration  of  a  four-year  term  of  service 
pending  the  appointment  and  qualification  of  his  successor : 

nf?ecte?ity  not  Provided)  That  the  nonperformance  of  any  requirement 
of  this  section  on  the  part  of  any  official  of  the  Govern- 
ment shall  not  be  held  to  affect  in  any  respect  the  liability 
of  principal  or  sureties  on  any  bond  made  or  to  be  made  to 
the  United  States: 

Provided  further,  That  the  liability  of  the  principal  and 
sureties  on  all  official  bonds  shall  continue  and  cover  the 
period  of  service  ensuing  until  the  appointment  and  quali- 
fication x)f  the  successor  of  the  principal: 
n  n  a  a     And  further  provided.  That  nothing  in  this  section  shall 

?°iV*s!?383G.'  be  construed  to  repeal  or  modify  section  thirty-eight  hun- 
dred and  thirty-six  of  the  Kevised  Statutes  of  the  United 
States. 


—to  continue  un- 


CHECKS   AND   DRAFTS. 


Sec. 

300.  Allowance  of  lost  checks. 
30G.  Liabilities  outstanding  three  or  more 
years. 

307.  Vouchers  for  drafts  remaining  un- 

paid. 

308.  Payment  upon  presentation  of  out- 

standing drafts. 

309.  Accounts  of  disbursing  officers  un- 

changed for  thrqe  years. 


Sec. 

310.  Reports  of  disbursing  officers,  etc. 

3645.  Regulations  lor  presenting  drafts. 

364G.  Duplicates  for  lost  or  stolen  checks. 

3017.  Duplicate  check  when  olllcor  who 

issued  is  dead. 

3651.  Exchange  of  funds  restrict  ed. 

3652.  Premium  on  sales  of  public  monr\ 

to  be  accounted  for. 


Title  7, chap.  4.  SEC.  300.  Whenever  the  disbursing  officer,  or  agent  by 
Allowance  of  whom  was  issued  any  check  which  has  been  lost,  destroyed, 

lo i-vi,ll(2 1872  ss  OI  s^en?  i§  dead,  or  no  longer  in  the  service  of  the  United 

i, 2,  v.  17, p.  29.  States,  the  proper  accounting  officer  shall,  under  such  regu- 
lations as  the  Secretary  of  the  Treasury  may  prescribe,  state 
an  account  in  favor  of  the  owner  of  such  original  check  for 
the  amount  thereof,  and  charge  such  amount  to  the  account 
of  such  officer  or  agent. 

Title  7,  chap.  5.  SEC.  306.  At  the  termination  of  each  fiscal  year  all 
Liabilities  out- amounts  of  moneys  that  are  represented  by  certificates, 

nm?ey"arsncor(lra^  or  checks,  issued  by  the  Treasurer,  or  by  any  dis- 
Mny  2, 1866,  ss.  bursing  officer  of  any  Department  of  the  Government,  upon 

M,  v.  14,  pp.  4i,  £jie  Treasurer  or  any  assistant  treasurer,  or  designated 
depositary  of  the  United  States,  or  upon  any  national  bank 
designated  as  a  depositary  of  the  United  States,  and  which 
shall  be  represented  on  the  books  of  either  such  offices  as 
standing  to  the  credit  of  any  disbursing  officer,  and  which 
were  issued  to  facilitate  the  payment  of  warrants,  or  for  any 
other  purpose  in  liquidation  of  a  debt  due  from  the  United 
States,  and  which  have  for  three  years  or  more  remained 


CHECKS  AND  DRAFTS  AND  VOUCHERS.          221 

outstanding,  unsatisfied,  and  unpaid,  shall  be  deposited  by 
the  Treasurer,  to  be  covered  into  the  Treasury  by  warrant, 
and  to  be  carried  to  the  credit  of  the  parties  in  whose  favor 
such  certificates,  drafts,  or  checks  were  respectively  issued, 
or  to  the  persons  who  are  entitled  to  receive  pay  therefor, 
and  into  an  appropriation  account  to  be  denominated  "out- 
standing liabilities." 

SEC.  307.  The  certificate  of  the  Register  of  the  Treasury,    vouchers  for 
stating  that  the  amount  of  any  draft  issued  by  the  Treas-  J^,," '"' 
urer,  to  facilitate  the  payment  of  a  warrant  directed  to  him  9  May  2-  isoo,  8. 
ibr  payment,  has  remained  outstanding  and  unpaid  for  three "' 
years  or  more,  and  has  been  deposited  and  covered  into  the 
Treasury  in  the  manner  prescribed  by  the  preceding  section, 
shall  be,  when  attached  to  any  such  warrant,  a  sufficient 
voucher  in  satisfaction  of  any  such  warrant  or  part  of  any 
warrant,  the  same  as  if  the  drafts  correctly  indorsed  and 
fully  satisfied  were  attached  to  such  warrant  or  part  of 
warrant.     And  all  such  moneys  mentioned  in  this  and  in 
the  preceding  section  shall  remain  as  a  permanent  appro- 
priation for  the  redemption  and  payment  of  all  such  out- 
standing and  unpaid  certificates,  drafts,  and  checks. 

SEC.  308.  The  payee  or  the  bona-fide  holder  of  any  draft    Payment  upon 
or  check  the  amount  of  Avhich  has  been  deposited  andcov-  J  uT^a  nTi  ii°g 
ered  into  the  Treasury  pursuant  to  the  preceding  sections,  dr*Jt.J  g  3 
shall,  on  presenting  the  same  to  the  proper  officer  of  the 
Treasury,  be  entitled  to  have  it  paid  by  the  settlement  of 
an  account  and  the  issuing  of  a  warrant  in  his  favor,  accord-  ( 

ing  to  the  practice  in  other  cases  of  authorized  and  liqui- 
dated claims  against  the  United  States. 

SEC.  309.  The  amounts,  except  such  as  are  provided  for    Accounts  of 
in  section  three  hundred  and  six,  of  the  accounts  of  every  e^.sTmfhf ngS 
kind  of   disbursing  officer,   which   shall  have  remained  foij,J|j1regy5ear8' 
unchanged,  or  which  shall  not  have  been  increased  by  any 
new  deposit  thereto,  nor  decreased  by  drafts  drawn  thereon, 
for  the  space  of  three  years,  shall  in  like  manner  be  covered 
into  the  Treasury,  to  the  proper  appropriation  to  which  they 
belong;  and  the  amounts  thereof  shall,  on  the  certificate 
of  the  Treasurer  that  such  amount  has  been  deposited  in 
the  Treasury,  be  credited  by  the  proper  accounting  officer 
of  the  Department  of  the  Treasury  on  the.  books  of  the 
Department,  to  the  officer  in  whose  name  it  had  stood  on 
the  books  of  any  agency  of  the  Treasury,  if  it  appears  that 
he  is  entitled  to  such  credit. 

SEC.  310.  The  Treasurer,  each  assistant  treasurer,  a"d  riJjj^^Jjf 
each  designated  depositary  of  the  United  States,  and  the  ant  treasure)  e, 
cashier  of  each  of  the  national  banks  designated  as  such  ^ ofl?cers8bur8 
depositaries,  shall,  at  the  close  of  business  on  every  thirtieth    ibid.,  a.  G. 
day  of  June,  report  to  the  Secretary  of  the  Treasury  the 
condition  of  every  account  standing,  as  in  the  preceding 
section  specified,  on  the  books  of  their  respective  offices, 
stating  the  name  of  each  depositor,  with  his  official  desig- 
nation, the  total  amount  remaining  on  deposit  to  his  credit, 
and  the  dates,  respectively,  of  the  last  credit  and  the  last 
debit  made  to  each  account.  fc  And  each  disbursing  officer 
shall  make  a  like  return  of  all  checks  issued  by  him,  and 


222       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

which  may  then  have  been  outstanding  and  unpaid  for 

three  years,  and  more,  stating  fully  in  such  report  the  name 

of  the  payee,  for  what  purpose  each  check  was  given,  the 

office  on  which  drawn,  the  number  of  the  voucher  received 

therefor,  the  .date,  number,  and  amount  for  which  it  was 

drawn,  and,  when  known,  the  residence  of  the  payee. 

Title  40.          SEC.  3645.  It  shall  be  the  duty  of  the  Secretary  of  the 

Regulations  for  Treasury  to  issue  and  publish  regulations  to  enforce  the 

!iraft8.tment  of  speedy  presentation  of  all  Government  drafts,  for  payment, 

Aug. 6, 1846,  a.  at  the  place  where  payable,  and  to  prescribe  the  time, 

31see\ecs5'5495,  according  to  the  diiferent  distances  of  the  depositaries  from 

officer8i8bursin^De  sea^  °^  ^overnment?  within  which  all  drafts  upon  them, 

respectively,   shall    be  presented  for  payment;    and,  in 

default  of  such  presentation,  to  direct  any  other  mode  and 

place  of  payment  which  he  may  deem  proper;  but,  in  all 

these  regulations  and  directions,  it  shall  be  his  duty  to 

guard,  as  far  as  may  be,  against  those  drafts  being  used 

or  thrown  into  circulation  as  a  paper  currency  or  a  medium 

of  exchange. 

io?tporat8toifen     ^EC*  3646.  Whenever  any  original  check  is  lost,  stolen, 
checksr  autho" or  destroyed,  disbursing  officers  and  agents  of  the  United 
iZFeb  2  1872  s  States  are  authorized,  after  the  expiration  of  six  months, 
i,  v,ei7,  p.  29.  '8'  and  within  three  years  from  the  date  of  such  check,  to 
issue  a  duplicate  check;   and    the    Treasurer,   assistant 
treasurers,   and  designated  depositaries   of   the    United 
,  States  are  directed  to  pay  such  duplicate  checks,  upon 

notice  and  proof  of  the  loss  of  the  original  checks,  under 
such  regulations  in  regard  to  their  issue  and  payment,  and 
upon  the  execution  of  such  bonds,  with  sureties,  to  indem- 
nify the  United  States,  as  the  Secretary  of  the  Treasury 
shall  prescribe.  This  section  shall  not  apply  to  any  check 
exceeding  in  amount  the  sum  of  one  thousand  dollars. 

^EC*  3647.  I11  case  ^ne  disbursing  officer  or  agent  by 
whom  such  lost,  destroyed,  or  stolen  original  check  was 
ibid., s. 2.        issued,  is  dead,  or  no  longer  in  the  service  of  the  United 
States,  it  shall  be  the  duty  of  the  proper  accounting  officer, 
under  such  regulations  as  the  Secretary  of  the  Treasury 
shall  prescribe,  to  state  an  account  in  favor  of  the  owner  of 
such  original  check  for  the  amount  thereof,  and  to  charge 
such  amount  t®  the  account  of  such  officer  or  agent. 
Exchange  of     SEC.  3651.  No  exchange  of  funds  shall  be  made  by  any 
f™  iiV^isSlTs.  disbursing  officer  or  agent  of  the  Government,  of  any  grade 
n'TwaVi'v11!1^01'  Denomination  whatsoever,  or  connected  with  any  branch 
p.' 532;'  Feb.  22!  of  the  public  service,  other  than  an  exchange  for  gold, 
3452>juneV31i2864'8^ver?  United  States  notes,  and  national-bank  notes;  and 
8.23, v.i3,  p.  IOG';  every  such  disbursing  officer,  when  the  means  for  his  dis- 
^i2;p;J?S3'8l3<bursenaents  are  furnished  to  him  in  gold,  silver,  United 
States  notes,  or  national-bank  notes,  shall  make  his  pay- 
ments in  the  moneys  so  furnished;  or  when  they  are  fur- 
nished to  him  in  drafts,  shall  cause  those  drafts  to  be 
presented  at  their  place  of  payment,  and  properly  paid 
according  to  law,  and  shall  make  his    payments  in  the 
money  so  received  for  the  drafts   furnished,  unless,  in 
either  case,  he  can  exchange  Jhe  means  in  his  hands  for 
gold  and  silver  at  par.    And  it  shall  be  the  duty  of  the 


CHECKS  AND  DRAFTS  AND  VOUCHERS.          223 

head  of  the  proper  Department  immediately  to  suspend 
from  duty  any  disbursing  officer  or  agent  who  violates  the 
provisions  of  this  section,  and  forthwith  to  report  the  name 
of  the  officer  or  agent  to  the  President,  with  the  fact  of 
the  violation,  and  all  the  circumstances  accompanying  the 
same,  and  within  the  knowledge  of  the  Secretary,  to  the 
end  that  such  officer  or  agent  may  be  promptly  removed 
from  office,  or  restored  to  his  trust  and  the  performance 
of  his  duties,  as  the  President  may  deem  just  and  proper. 

SBC.  3652.  No  officer  of  the  United  States  shall,  either    Premiums  on 
directly  or  indirectly,  sell  or  dispose  of  to  any  person,  for  money^to  SSbj£ 
a  premium,  any  Treasury  note,  draft,  warrant,  or  other  C0^°te(y'0jrg46  s 
public  security,  not  his  private  property,  or  sell  or  dispose  21,  v'f.'p.'es.   ' 
of  the  avails  or  proceeds  of  such  note,  draft,  warrant,  or    See  note  l- 
security,  in  his  hands  for  disbursement,  without  making 
return  of  such  premium,  and  accounting  therefor  by  charg- 
ing the  same  in  his  accounts  to  the  credit  of  the  United 
States;   and  any  officer  violating  this   section   shall  be 
forthwith  dismissed  from  office. 

Note  L— Approved  bills  or  accounts  or  vouchers  are  not  in  any  proper  sense 
in-Hot  iable  paper.  The  Government  would  not  bo  required  to  pay  to  party  to  whom 
they  were  assigned,  if  it  had  itself  an  equitable  claim  against  the  contractor; 
nor  if  .satisfied  that  the  account  had  been  erroneously  approved.  Section  3477, 
II.  S.,  regulates  tho  manner  of  paying  assigned  bills,  etc.  That  statute  in  of  uni- 
versal application.  Tho  Department  can  reissue  an  approved  account  in  favor  of 
contractor.  [Case  of  bills  made  out  in  favor  of  broker  instead  of  contractors,  and 
assigned  by  former.]  (Op.,  XVI,  191,  Devens,  Oct.  23, 1878.) 

The  protection  which  commercial  usage  throws  around  negotiable  paper  can  not  bo 
used  to  establish  the  authority  of  an  agent  who  issued  it.  Whenever  negotiable 
paper  is  found  in  market  upon  which  tho  Government  is  apparently  a  party,  the  pur- 
Hiaser  must,  at  his  peril,  see  that  the  officer  who  indorsed  or  accepted  it  had  authority 
to  bind  the  Government.  (C.  C.,  VII,  65;  Wallace,  VII,  G66.) 

Acceptance  of  payment  in  one  kind  of  money  (Treasury  notes)  is  a  waiver  of  a 
claim,  antecedently  asserted  for  gold.  It  discharges  the  debt  independently  of  the 
question  whether  paper  money  is  a  legal  tender.  (C.  C.,  VI,  216.) 

There  is  no  objection  in  peint  of  law,  to  tho  indorsement  of  a  bill  of  exchange, 
under  authority  derived  from  a  power  of  attorney.  (Op.,  1, 188.) 

Where  an  officer  is  authorized  to  pay  money  at  a  distant  point,  he  may  transmit  it 
by  drafts.  (7  Wallace,  p.  466 ;  C.  C.,  VII,  p.  65.) 

Checks  given  by  paymasters  are  valid  obligations  of  the  Government,  although 
dishonored  for  want  of  funds  to  tho  credit  of  the  officers  who  issued  them.  (Op., 
XI,  216,  Speed,  Apr.  22, 1865;  see  also,  XI,  p.  156.) 

It  does  "not  follow  that  because  an  officer  may  lawfully  issue  bills  of  exchange  for 
some  purpose,  ho  can  in  that  mode  bind  the  Government  in  other  cases  where  he  has 
no  such  authority.  (7  Wallace,  666.) 

Whenever  the  United  States  Government,  through  their  authorized  officer,  accept 
a  bill  of  exchange,  they  are  bound  for  its  payment  to  a  bona  fide  holder  for  value, 
whatever  may  have  been  tho  equities  as  between  them  and  the  drawer.  (U.  S.  v. 
Bank  Metropolis,  XV,  Peters,  377.) 

Whether  checks  shall  be  made  payable  only  to  the  person  entitled  to  the  money, 
or  "to  bearer"  or  "to  order,"  is  a  matter  to  bo  regulated  entirely  by  the  Treasury 
Department.  The  only  imperative  requisition  is  that  the  check  shall  be  drawn  only 
in  favor  of  the  person  to  whom  the  payment  is  to  be  made.  (Op.,  XV,  288,  June  4, 
1877,  Devens.) 

It  is  competent  for  the  Secretary  of  the  Treasury  to  permit  disbursing  officers  to 
draw  checks  payable  to  themselves  or  bearer  or  order  for  such  amounts  as  mav  be 
necessary  to  make  payments  of  small  amounts,  to  make  payments  at  u  distance  from 
a  depository,  or  to  make  payments  of  fixed  salaries  as  now  authorized  by  Depart- 
ment regulations  of  August  24, 1876,  provided,  always,  that  such  checks  bear  indorsed 
upon  them  the  names  of  tho  persons  to  whom  the  amounts  are  to  be  paid,  or  the 
claim  upon  which  they  are  to  be  paid,  or  are  accompanied  by  alist  or  schedule,  made 
a  part  of  the  check,  containing  the  same  information.  (Op.,  XV,  303,  June  8, 1877, 
Deveiis.) 


224   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


COINS,    WEIGHTS,    AND    MEASURES,    LEGAL-TENDER, 

DIES. 

GOLD   AND    SILVER   COINS   OF   THE   UNITED   STATES. 


Sec. 

3511.  Gold  coins  of  the  United  States  and 
their  weight. 

3513.  Silver  coins  and  their  weight. 

3514.  Standard  for  gold  and  silver  coins. 

3515.  Minor  coins;  their  weight  and  alloy. 
3517.  Inscriptions  upon  coins. 

3535.  Deviations    allowed   in    adjusting 
weights  of  gold  coins. 


Sec. 

3536.  Adjusting  weight  of  silver  coins. 

3537.  Adjusting  weight  of  minor  coins. 
3585.  Gold  coins,  legal  tender. 

Act  of  June  9,  1879.  Exchange,  of  silver 
coins. 

Twenty-cent  piece. 

Trade  dollars,  etc. 


Title  37.          SEC.  3511.  The  gold  coins  of  tlie  United  States  shall  be 
Gold  coins  of  a  one-dollar  piece,  which,  at  the  standard  weight  of  twenty- 


n.er  wei  eigut-tenths  grains,  shall  be  the  unit  of  value;  a 

"ireb.  i2O8ra,B.  quarter-eagle,  or  two  and  a  half  dollar  piece  ;  a  three-dollar 
14,  v.  17,  p.  426.  piece;  a  half-eagle,  or  five-dollar  piece;  an  eagle,  or  ten- 
dollar  piece;  and  a  double-eagle,  or  twenty-dollar  piece. 
And  the  standard  weight  of  the  gold  dollar  shall  be  twenty- 
five  and  eight-tenths  grains;  of  the  quarter-eagle,  or  two 
and  a  half  dollar  piece,  sixty  four  and  a  half  grains;  of 
the  three-dollar  piece,  seventy-seven  and  four-  tenths  grains; 
of  the  half-eagle,  or  five-dollar  piece,  one  hundred  and 
twenty-nine  grains;  of  the  eagle,  or  ten-dollar  piece,  two 
hundred  and  fifty-eight  grains;  of  the  double-eagle,  or 
twenty-dollar  piece,  five  hundred  and  sixteen  grains. 
suvercoinsand  SEC.  3513.  The  silver  coins  of  the  United  States  shall  be 
^iwdTs^  a  trade-dollar,  a  half-dollar,  or  fifty-cent  piece,  a  quarter 
dollar,  or  twenty-five  cent  piece,  a  dime,  or  ten-cent  piece; 
and  tlie  weight  of  the  trade-dollar  shall  be  four  hundred 
and  twenty  grains  troy;  the  weight  of  the  half-dollar  shall 
be  twelve  grams  and  one-half  of  a  gram;  the  quarter-dol- 
lar and  the  dime  shall  be,  respectively,  one-half  and  one- 
fifth  of  the  weight  of  said  half-dollar. 

standard  for     SEC.  3514.  The  standard  for  both  gold  and  silver  coins 

coins  an(        er  of  the  United  States  shall  be  such  that  of  one  thousand 

is'vVVS'  s  Parts  by  weight  nine  hundred  shall  be  of  pure  metal  and 

seesAiGoji.  one  hundred  of  alloy.    The  alloy  of  the  silver  coins  shall 

be  of  copper.    The  alloy  of  the  gold  coins  shall  be  of  cop- 

per, or  of  copper  and  silver;  but  the  silver  shall  in  no  case 

exceed  one-tenth  of  the  whole  alloy. 

Minor  coiua;     SEC.  3515.  The  minor  coins  of  the  United  States  shall 

aiioy.w<         Jdbe  a  five-cent  piece,  a  three-cent  piece,   and  a  one-cent 

ibid.,  s.  16.       piece.    The  alloy  for  the  five  and  three  cent  pieces  shall  be 

of  copper  and  nickel,  to  be  composed  of  three-fourths  cop- 

per and  one-fourth  nickel.     The  alloy  of  the  one-cent  piece 

shall  be  ninety-five  per  centum  of  copper  and  five  per 

centum  of  tin  and  zinc,  in  such  proportions  as  shall  be 

determined  by  the  Director  of  the  Mint.    The  weight  of 

the  piece  of  five  cents  shall  be  seventy-seven  and  sixteen 

hnndredths  grains  troy;  of  the  three-cent  piece,  thirty 

grains;  and  of  the  one-cent  piece,  forty  eight  grains. 

inscriptions     SEC.  3517.  Upon  the  coins  there  shall  be  the  following 

devices  and  legends:  Upon  one  side  there  shall   be  an 

impression  emblematic  of  liberty,  with  an  inscription  of 


COINS,  WEIGHTS,  AND    MEASURES.  225 

the  word  " Liberty"  and  the  year  of  the  coinage,  and  upon 

the  reverse  shall  be  the  figure  or  representation  of  an 

eagle,  with  the  inscriptions  "  United  States  of  America" 

and  "E  Pluribus  Unum,"  and  a  designation  of  the  value 

of  the  coin;  but  on  the  gold  dollar  and  three-dollar  piece,    ibid.,  s.  is. 

the  dime,  five,  three,  and  one  cent  piece,  the  figure  of  the 

eagle  shall  be  omitted;  and  on  the  reverse  of  the  silver 

trade-dollar  the  weight  and  the  fineness  of  the  coin  shall 

be  inscribed. 

SEC.  3535.  In  adjusting  the  weights  of  the  gold  coins,  the    Deviations  ai- 
following  deviation  shall  not  be  exceeded  in  any  WBffle jj^^jj^jj08^ 
piece:   In  the  double-eagle  and  the  eagle,  one-half  of  a g«>X('oiu8- 
grain;  in  the  half  eagle,  the  three-dollar  piece,  the  quarter-      Jld->8-36- 
eagle,  and  the  one-dollar  piece,  one-fourth  of  a  grain.    And 
in  weighing  a  number  of  pieces  together,  when  delivered 
by  the  coiner  to  the  superintendent,  and  by  the  superin- 
tendent to  the  depositor,  the  deviation  from  the  standard 
weight  shall  not  exceed  one  hundredth  of  an  ounce  in  five 
thousand  dollars  in  double-eagles,  eagles,  half- eagles,  or 
quarter  eagles,  in  one  thousand  three-dollar  pieces,  and  in 
one  thousand  one-dollar  pieces. 

SEC.  3536.  In  adjusting  the  weight  of  the  silver  coins  the    of  silver  coins, 
following  deviations  shall  not  be  exceeded  in  any  single    Ibid-'8-37- 
piece :  In  the  dollar,  the  half  and  quarter  dollar,  and  in  the 
dime,  one  and  one-half  grains.    And  in  weighing  a  large 
number  of  pieces  together,  when  delivered  by  the  coiner 
to  the  superintendent,  and  by  the  superintendent  to  the 
depositor,  the  deviations  from  the  standard  weight  shall 
not  exceed  two-hundredths  of  aii  ounce  in  one  thousand 
dollars,  half-dollars,  or  quarter-dollars,  and  one-hundredth 
of  an  ounce  in  one  thousand  dimes. 

SEC.  3537.  In  adjusting  the  weight  of  the  minor  coins    of  minor  coins, 
provided  by  this  Title,  there  shall  be  no  greater  deviation 
allowed  than  three  grains  for  the  five-cent  piece  and  two 
grains  for  the  three  and  one  cent  pieces. 

SEC.  3585.  The  gold  coins  of  the  United  States  shall  be      Title  39. 
a  legal  tender  in  all  payments  at  their  nominal  value  when  ~  Gokl  coine^f 
not  below  the  standard  weight  and  limit  of  tolerance  pro-  theumted states. 
vided  by  law  for  the  single  piece,  and,  when  reduced  in      ^d--8-14- 
weight  below  such  standard  and  tolerance,  shall  be  a  legal 
tender  at  valuation  in  proportion  to  their  actual  weight. 

The  holder  of  any  of  the  silver  coins  of  the  United  States   June  9, 1879. 
of  smaller  denomination  than  one  dollar  may,  on  presenta-    Exchange   of 
tion  of  the  same  in  sums  of  twenty  dollars,  or  any  multiple  8iljlJJ0cSJilig79  8 
thereof,  at  the  office  of  the  Treasurer  or  any  assistant  i,V.  21,  p!  7. 
treasurer  of  the  United  States,  receive  therefor  lawful    See  note  L 
money  of  the  United  States. 

Note  1  (May  2,  1878).— Coinage  of  the  twenty-cent  piece  of  silver  authorized  by 
the  act  of  March  3,  1875,  prohibited. 

By  the  act  of  July  22,  1876  (v.  19,  p.  215),  the  trade  dollar  is  not  thereafter  to  be  a 
legal  tender. 

An  act  of  February  28,  1878  (v.  20,  p.  25),  provides  for  the  coinage  at  the  mints  of 
United  States  silver  dollars  of  the  weight  of  four  hundred  and  twelve  and  a  half 
grains  troy  of  standard  silver  as  provided  iu  the  act  of  January  18,  1837,  which,  with 
the  silver  dollars  of  that  weight  and  fineness  theretofore  coined  by  the  United  States, 
shall  bo  a  legal  tender  at  their  nominal  value  for  all  debts  ami  dues,  public  and 
private,  except  where  otherwise  expressly  stipulated  in  the  contract. 

376 15 


226       LAWS    RELATING    TO   THE   NAVY,  MARINE    CORPS,  ETC. 


Idem,  s.  3. 


The  present  silver  coins  of  the  United  States  of  smaller 
denominations  than  one  dollar  sliall  hereafter  be  a  legal 
tender  in  all  sums  not  exceeding  ten  dollars  in  full  pay- 
ment of  all  dues,  public  and  private. 


FOREIGKN    COINS. 


Sec. 

3564.  Value  of  foreign  coins,  how  ascer- 

tained. 

3565.  Value  of  the  sovereign  or  pound 

sterling. 

3566.  lleooinage  of  foreign  coins. 


Sec. 

3567.  Spanish  and  Mexican  coins. 
3584.  Not  a  legal  tender,  etc. 
Table.    Estimate    of    value    of    foreign 
coius. 


Title  87.          SEC.  3564.  The  value  of  foreign  coin  as  expressed  in  the 


ibid.s.2. 


of 


value  of  for-  money  of  account  of  the  United  States  shall  be  that  of 
ascertained  b°w ^ue  Pure  metal  of  such  coin  of  standard  value;  and  the 
Mar.  3, 1873,  s.  values  of  the  standard  coins  in  circulation  of  the  various 
i,  v.  17,  p.  602.      liat;iOnS  of  the  world  shall  be  estimated  annually  by  the 
Director  of  the  Mint,  and  be  proclaimed  on  the  first  day  of 
January  by  the  Secretary  of  the  Treasury, 
of  the     SEC.  3565.  In  all  payments  by  or  to  the  Treasury,  whether 
made  here  or  in  foreign  countries,  where  it  becomes  neces- 
sary to  compute  the  value  of  the  sovereign  or  pound  ster- 
ling, it  shall  be  deemed  equal  to  four  dollars  eighty-six 
cents  and  six  and  one-half  mills,  and  the  same  rule  shall 
be  applied  in  appraising  merchandise  imported  where  the 
value  is,  by  the  invoice,  in  sovereigns  or  pounds  sterling, 
and  in  the  construction  of  contracts  payable  in  sovereigns 
or  pounds  sterling;  and  this  valuation  shall  be  the  par  of 
exchange  between  Great  Britain  and  the  United  States; 
and  all  contracts  made  after  the  first  day  of  January, 
eighteen  hundred  and  seventy-four,  based  on  an  assumed 
par  of  exchange  with  Great  Britain  of  fifty-four  pence  to 
the  dollar,  or  four  dollars  forty-four  and  four-ninths  cents 
to  the  sovereign  or  pound  sterling,  shall  be  null  and  void. 
SEC.  3566.  All  foreign  gold  and  silver  coins  received  in 
A  <,».„,  i.^.a.s,  payment  for  moneys  due  to  the  United  States  shall,  before 
21  isfi  8°2;  v"ii*  being  issued  in  circulation,  be  coined  anew. 

p.  163.  ' 

Spanish  and     SEC.  3567.  The  pieces  commonly  known  as  the  quarter, 
MFeb.Ti,ci857%.  eighth,  and  sixteenth  of  the  Spanish  pillar- dollar,  and  of 
i,  v.  11,  p.'ies.  '    the  Mexican  dollar,  shall  be  receivable  at  the  Treasury  of 
the  United  States,  and  its  several  offices,  and  at  the  several 
post-offices,  and  land-offices,  at  the  rates  of  valuation  follow- 
ing :  the  fourth  of  a  dollar,  or  piece  of  two  reals,  at  twenty 
cents ;  the  eighth  of  a  dollar,  or  piece  of  one  real,  at  ten  cents ; 
and  the  sixteenth  of  a  dollar,  or  half-real,  at  five  cents. 
Title  89.          SEC.  3584.  No  foreign  gold  or  silver  coins  shall  be  legal 
Foreign  coins,  tender  in  payment  of  debts. 

Feb.  21, 1857,  s. 
3,  v.  11,  p.  163. 

CIRCULAR  ESTIMATING  AND  PROCLAIMING,  IN  THE  UNITED  STATES 
MONEY  OF  ACCOUNT,  THE  VALUES  OF  THE  STANDARD  COINS  IN  CIR- 
CULATION OF  THE  VARIOUS  NATIONS  OF  THE  WORLD. 

1883.  }    TREASURY  DEPARTMENT, 

DEPARTMENT  No.  1.  >  BUREAU  OF  THE  MINT, 

Secretary's  Office.     )  Washington,  I).  C.,  January  1, 1883. 
SIR  :  In  pursuance  of  the  provisions  of  section  3564  of  the 
Revised  Statutes  of  the  United  States,  I  have  estimated 


COINS,  WEIGHTS,  AND    MEASURES. 


227 


the  values  of  the  standard  coins  in  circulation  of  the  various 
nations  of  the  world,  and  submit  the  same  in  the  accom- 
panying table. 

Very  respectfully, 

HORATIO  C.  BURCHABD, 

Director  of  the  Mint. 
Hon.  OKAS.  J.  FOLGEB, 

Secretary  of  the  Treasury. 

Estimate  of  values  of  foreign,  coins. 


Country. 

Monetary  unit. 

Standard. 

Value  in  United 
States  money. 

Standard  coin. 

Peso 

Gold   and 

$0  96  5 

j    JL   i    t  and  1  peso  i 

Austria  
Belgium 

Florin  
Franc         

silver. 
Silver  .... 
Gold  and 

40.1 
19.3 

argentine  and  argentine. 
5,  10,  and  20  francs. 

Bolivia 

Boliviano    

silver. 
Silver 

81  2 

Boliviano. 

Brazil 

Milreis  of  1  000 

Gold 

54  6 

rois. 
Dollar 

do 

1  00 

- 

i  n  North  America. 
Chili  

Cuba 

Peso  
.  do  

Gold  and 
silver, 
do 

91.2 
93  2 

Condor,    doubloon,    and 
escudo. 
T1    k  i  i  and  1  doubloon 

Denmark  

Crown  

Cold  

26.8 

10  and  20  crowns. 

Ecuador  

E"'YT>t 

Peso  
Piaster  

Silver  .... 
Gold  

81.2 
04.9 

Peso. 

5,  10,  25  50,  and  100  pias- 

France              

Franc  

Gold  and 

19.3 

ters. 
5,  10,  and  20  francs. 

Great  Britain 

Pound  sterling 

silver. 
Gold 

4  86  Gi 

^  sovereign   and  sover- 

Greece 

Drachma 

Gold  and 

19  3 

eign. 
5     10    20     50     and    100 

German  Empire  .  .  . 
Hayti  

India  

Mark  
Gourde  

Rupee  of  16  an- 

silver. 
Gold  
Gold  and 
silver. 
Silver 

23.8 
96.5 

38  6 

drachmas. 
5,  10,  and  20  marks. 
1,  2,  5,  and  10  gourdes. 

Italy 

nas. 
Lira  

Gold  and 

19  3 

5  10  20  50  and  100  lire 

Japan           

Yen  

silver. 
Silver  

87  6 

1  2  5  10  and  20  yen  •  gold 

Liberia                

Dollar  .. 

Gold  

1  00 

and  silver  yen. 

Mexico 

do 

Silver 

88  2 

Florin 

Gold  and 

40  2 

and  50  centavo. 

Norway  

Crown  

silver. 
Gold  

26  8 

10  and  20  crowns 

Peru 

Sol 

Silver 

81  2 

Sol 

Portugal...  .-  

Milreis  of  1,000 

Gold  

1  08 

2  5  and  10  milreis 

reis. 
Rouble   of    100 

Silver  . 

65 

Spain 

copecks. 
Peseta  of  100  cen- 

Gold and 

19  3 

5  10  20  50  and  100  pese- 

Sweden 

times. 
Crown     .  .  . 

silver. 
Gold 

26  8 

tas. 
10  and  20  crowns 

Switzerland    

Franc  

Gold  and 

19.3 

5  10  and  20  francs 

Tripoli          

Mahbub    of    20 

silver. 
Silver  

73.3 

Turkey 

piasters. 
Piaster  

Gold 

04  4 

25    50    100    250    and    500 

United    States    of 

Peso  

Silver  • 

81  2 

piasters. 
Peso 

Colombia. 
Venezuela  ..... 

Bolivar  

Gold  and 

19  3 

5  10  20  50  and  100  Boli- 

silver. 

var. 

228   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


TREASURY  DEPARTMENT, 
Washington,  D.  (7.,  January  1,  1883. 
The  foregoing  estimation,  made  by  the  Director  of  the 
Mint,  of  the  value  of  the  foreign  coins  above  mentioned,  I 
hereby  proclaim  to  be  the  values  of  such  coins  expressed 
in  the  money  of  account  of  the  United  States,  and  to  be 
taken  in  estimating  the  values  of  all  foreign  merchandise, 
made  out  in  any  of  said  currencies,  imported  on  or  after 
January  1,  1883. 

CHAS.  J.  FOLGER, 
Secretary  of  the  Treasury. 

WEIGHTS   AND  MEASURES. 


Sec, 

3569.  Use  of  the  metric  system  author- 
ized. 


Sec. 

3570.  Authorized  tables  of  weights  and 

measures. 
3551.  Dies  may  be  executed,  etc. 

Title  37.          SEC.  3569.  It   shall  be  lawful  throughout  the   United 

Use  of  metric  States  of  America  to  employ  the  weights  and  measures  of 

ized*m    author"the  metric  system;  and  no  contract  or  dealing,  or  pleading 

July  28,  1866,  s.  in  any  court,  shall  be  deemed  invalid  or  liable  to  objection 

i,Y.H,p.339.      because  the  weights  or  measures  expressed  or  referred  to 

therein  are  weights  or  measures  of  the  metric  system. 

SEC.  3570.  The  tables  in  the  schedule  hereto  annexed 
shall  be  recognized  in  the  construction  of  contracts,  and  in 
au  iegai  proceedings,  as  establishing,  in  terms  of  the 
weights  and  measures  now  in  use  in  the  United  States,  the 
equivalents  of  the  weights  and  measures  expressed  therein 
in  terms  of  the  metric  system;  and  the  tables  may  lawfully 
be  used  for  computing,  determining,  and  expressing  in 
customary  weights  and  measures  the  weights  and  measures 
of  the  metric  system. 

Measures  of  length. 


and  measres. 
ibid.,  s.  2. 


Metric  denominations  and  values. 


Equivalents  in  denominations  in  use. 


Myriameter  

10,  000  meters. 

6.  2137  miles. 
0.  62137  miles,  or  3,280  feet  and  10  inches. 
328  feet  and  1  inch. 
393.  7  inches. 
39.  37  inches. 
3.  937  inches. 
0.  3937  inches. 
0.  0394  inches. 

1  000  meters 

Hectometer  

100  meters. 

Dekameter  

.  .  .  .                 10  meters. 

Meter 

1  meter. 

Decimeter  

....         1*0  of  a  meter. 

r  J5  of  a  meter. 

Millimeter  

•  -  -  -      ToW  OI>  a  meter. 

Measures  of  capacity. 

Metric  denominations  and  values. 

Equivalents  in  denominations  in  use. 

Names. 

No.  of 

liters. 

Cubic  measure. 

Dry  measure. 

Liquor  or  wine 
measure. 

Kiloliter,  or 
etere. 
Hectoliter... 

Dekaliter... 

I  it«-r 

1,000 
100 

10 
1 
iV 

TSa 
i8\nr 

1.  808  cub.  yards  

2    bushels  and    3.35 
pecks. 
9.08  quarts  
0.  908  quarts  
6.1022  cub.  inch  

0.6102  cub.  inch  
0  061  cub  inch 

264.  17  galls. 
26.  417  galls. 

2.  6417  frills. 
1.05B7q't8. 
0.  845  gills. 

0.338  «  u  id 
ounces. 
0.  27     It  u  i  d 

drams. 

Jg  of  a  cubic  meter.  .  . 

10  cub.  decimeters  .  .  . 
1  cub.  decimeter  
fg  of  a  cubic  decime- 
ter. 
10  cub.  centimeters.. 

1  cub.  centimeter.  .  . 

D.ciliu-r  
Centiliter.  .  .  . 
Milliliter  .... 

NAVY    DEPARTMENT — SECRETARY   AND    BUREAUS. 
Measures  of  surface. 


229 


Metric  denominations  and  values. 

Equivalents  in  denominations  in  use. 

Hectare 

2.  471  acres. 
119.  6  square  yards. 
1,550  square  inches. 

Are 

100  square  motors 

Ceii  tare  .  .  . 

1  square  meter. 

Weights. 

Metric  denominations  and  values. 

Equivalents  in  de- 
nominations in  use. 

Names. 

Number  of 
gram.s. 

Weight  of  what  quantity  of 
water  at  maximum  density. 

Avoirdupois 
weight. 

Millier  or  tonneau  . 

1,  000,  000 

1  cubic  meter  

2  204.  6  pounds 

Quintal  

100,  000 

1  hectoliter  . 

220  46  pounds 

M  yria'Tam 

10  000 

10  liters 

Kilogram  or  kilo 

1  000 

1  liter 

2  2046  pounds 

Hectogram  

100 

1  deciliter  .  . 

3  5274  ounces 

10 

0  SO9?  ounces 

Gram  

1 

1  cubic  centimeter 

15  432  grains 

Deei  <rram  

JL 

TJjy  of  a  cubic  centimeter 

1.  5432  grains 

j! 

0  1543  grains 

Milligram  

iSn 

1  cubic  millimeter 

0  0154  grains 

SEC.  3551.  Dies  of  a  national  character  may  be  executed       Tltle  8?« 


by  the  engraver,  and  national  and  other  medals  struck  by    National  and 
the  coiner  of  the  Mint  at  Philadelphia,  under  such  reg-  SXgSkSSg 
nlations  as  the  superintendent,  with  the  approval  of  the  at  Philadelphia. 
director  of  the  Mint,  may  prescribe.     Such  work  shall  not,  52?^' if,'  p87^; 
however,  interfere  with  the  regular  coinage  operations,  Junel6-1874'ch' 
and  no  private  medal  dies  shall  be  prepared  at  any  mint,  288'v'18'p'76' 
or  the  machinery  or  apparatus  thereof  be  used  for  that 
purpose. 

NAVY   DEPARTMENT. 
SECRETARY   AND   BUREAUS. 


See.  Sec. 

415.  Establishment  of  the  Department  of       426. 
Navy. 

Act  July  11,   1890,   Assistant  Sec-       429. 

retary  of  the  Navy. 

417.  Procurement  of  naval    stores    and     1375. 

equipment  of  vessels.  1436. 

418.  Custody  of  the  books  and  records. 

419.  Establishment  of  Bureaus.  1471. 

420.  Custody  of  books  and    records    of  I  1472. 

I'.ureaus. 

421.  Appointment  of  chiefs  of  Bureaus.     I  1473. 

422.  Chiefs   of   Bureaus    of    Yards    and  i  . 

1  )oeks.  Equipment  and  Recruiting,  j 
Navigation,  and  Ordnance.  i  1565. 

423.  Chief  of  Bureau  of  Construction  and      416. 

Jtepair. 

•121.  Chief  of  Bureau  of  Steam  Engineer- 
ing. 

425.  Chief  of  Bureau  of  Supplies  and 
Accounts. 


Chief  of  Bureau  of  Medicine  and 
Surgery. 

Reports  to  be  made  to  Congress  by 
the  Secretary. 

Assistant  to  Bureau. 

Chiefs  of  Bureaus,  staff  officers,  ex- 
empt from  sea  duty. 

Title  of  chiefs  of  Bureaus. 

Relative  rank  of  chief  of  Bureau  of 
lower  title  than  commodore. 

Retired  chiefs  of  Bureaus. 

Surgeon-General  to  act  on  board  of 
appeal. 

Pay  of  chiefs  of  Bureaus. 

Clerks  and  other  civil  employes. 

Chief  Clerk — appointment  clerk. 

Navy  Department  building. 


SEC.  415.  There  shall  be  at  the  seat  of  Government  an       Title  10. 
Executive  Department,  to  be  known  as  the  Department  of  ^Establishment 
the  Navy,  and  a  Secretary  of  the  Navy,  who  shall  be  the  of  the   Depart 

mentof  the  Navy. 

2oA.G.oP.,p.8. 

Apr.  30, 1798,  s.  1,  v.  1,  p.  553. 


230   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


July  11,  1890.       For  an  assistant  Secretary  of  the  Navy,  to  be  appointed, 

Supp.  R.  s.,  p.  from  civil  life,  by  the  President,  by  and  with  the  advice 

^Assistant  Sec-  and  consent  of  the  Senate,  who  shall  receive  a  compensa- 

retary  of  thetion,  at  the  rate  of  four  thousand  five  hundred  dollars  per 

feTttrie  i.       annum. 

R.  S.,  sec.  416. 
Mar.  3,  1891,  ch. 
541,  par.  8. 

Mar.  3,  1891.       Assistant  Secretary  of  the  Navy,  who  shall  hereafter 
92s«pp-  R.  s.,  p.  perform  such  duties  as  may  be  prescribed  by  the  Secretary 
Assistant  Sec-  of  the  Navy  or  required  by  law. 

retary  of  Navy. 
July    11,    1890, 
ch.  667,  par.  5. 

June  s,  1880.       That  the  President  of  the  United  States  be,  and  he  is 

21  stat.  L.,  1647  hereby,  authorized  to  appoint,  for  the  term  of  four  years, 
290-29?  'R  S"  pp'  by  and  with  the  advice  and  consent  of  the  Senate,  from 

judge-Advo-the  officers  of  the  Navy  or  the  Marine  Corps,  a  judge- 
Naaly^oabealapf  advocate-general  °f  the  Navy,  with  the  rank,  pay,  and 
ponied-  allowances  of  a  captain  in  the  Navy  or  a  colonel  in  the 

'  Marine  Corps,  as  the  case  may  be. 

office  of  to  be     ^nd  the  office  of  the  said  judge-advocate-general  shall 

in  Department;.  .  ,        -..-..  -~  j.          •*  i  -i 

his  duties,  etc.    be  in  the  Navy  Department,  where  he  shall,  under  the 

JuSe  *i9,'  1878  direction  of  the  Secretary  of  the  Navy,   receive,   revise, 

ch.  329,  par.  s.    'and  have  recorded  the  proceedings  of  all  courts-martial, 

courts    of  inquiry,   and  boards    for   the  examination  of 

officers  for  retirement  and  promotion  in  the  naval  service, 

and  perform  such  other  duties  as  have  heretofore  been 

performed  by  the  solicitor  and  naval  judge-advocate-gen- 

eral. 

Junes,  1895.       That  the  Act  "to  authorize  the  President  to  appoint  an 

29  stat.  L.,  251.  officer  of  the  Navy  or  the  Marine  Corps  to  perform  the 

2,  pU5pdo.  E'  S  "  v'  duties  of  solicitor  and  judge-advocate-general,  and  so  forth, 

Navy'.  and  to  fix  the  rank  and  pay  of  such  officer,"  approved  June 

cate^ne^rs^^tuj  eighteen  hundred  and  eighty,  is  hereby  amended 

pafune  8    1880  ^v  inserting  in  said  Act  in  lieu  of  the  words  "with  the 

ch'.  ""9  (i  supp.  rank,  pay,  and  allowances  of  a  captain  in  the  Navy,  or  a 

R'R  "s29?}349       colonel  in  the  Marine  Corps,  as  the  case  may  be,"  the  words 

"  with  the  rank  and  highest  pay  of  a  captain  [in]  the  Navy, 

or  the  rank,  pay,  and  allowances  of  a  colonel  in  the  Marine 

Corps,  as  the  case  may  be:" 

-to  date  from     Provided,  That  this  amendment  shall  take  effect  from 

Became  a  law  July  nineteenth,  eighteen  hundred  and  ninety-two,  the  date 

without   theon  which  the  present  incumbent  entered  on  duty,  and  that 

President  a    an-  .,  .  •    •     *     *     11  i  -i_V      /»  j^ 

rrovai,  June  5,  the  amount  herein  appropriated  shall  be  payable  from  the 

appropriation  "Pay  of  the  Navy." 

Mar.  28,  1896.       That  hereafter  the  commissions  of  all  officers  under  the 

29  stat.  L.,  75.  direction  and  control  of  the  Secretary  of  the  Treasury, 

2,pU£5:  R>  S"  v'  the  Secretary  of  War,  the  Secretary  of  the  Navy,  and  t  lie 

Note  l.—R.  S.,  §  171)4,  required  all  civil  commissions  for  Presidential  appoint  im  -iitn 
to  be  made  out  and  recorded  in  the  Department  of  St;it<>. 

The  act  in  the  text,  together  with  those  of  1874,  March  18,  ch.  57  (1  Supp.  R.  S.,  5), 
relating  to  the  Post-Office  Department;  1875,  March  3,  ch.  131,  §  14  (1  Supp.  K.  >V  7S), 
relating  to  the  Department  of  the  Interior;  and  1888,  Aug.  8,  ch.  786  (1  Supp.  K.  S., 
605),  relating  to  the  Department  of  Justice,  now  require  all  commissions  to  bo  made 
out  and  recorded  in  the  Department  under  which  the  officer  is  to  serve. 


NAVY    DEPARTMENT  -  SECRETARY    AND    BUREAUS.  231 

Secretary  of  Agriculture  shall  be  made  out  and  recorded    c°mm.J.8Bio"8 

...          »  •          -ix  i  i  •    i   '  j.1  .     or  all  omcers  to 

m  the  respective  Departments  under  which  they  are  to  be  made  out,  etc., 

serve,  and  the  Department  seal  affixed  thereto,  any  laws 

to  the  contrary  notwithstanding:  ments. 

Prowled,  That  the  said  seal  shall  not  be  affixed  to 
such  commission  before  the  same  shall  have  been  signed  dent  signs. 
by  the  President  of  the  United  States. 

SEO.  417.  The  Secretary  of  the  Navy  shall  execute  such    Procurement 

it  '          f  ±t        -r\         •  j       j.        i    j.*         .Ol  naval  stores 

orders  as  he  shall  receive  from  the  President  relative  to  and    equipment 
the  procurement  of  naval  stores  and  materials,  and  the  oflbeidsel8' 
construction,  armament,  equipment,  and  employment  of    see  title,  Con- 
vessels  of  war,  as  well  as  all  other  matters  connected  with 


the  naval   establishment.  3?69,  Appropria- 

tions. 

SEC.  418.  The  Secretary  of  the  Navy  shall  have  the  Custody  of  the 
custody  and  charge  of  all  the  books,  records,  and  other  0JJB.8  ' 
property    now    remaining   in   and    appertaining    to    the55Jbid-'  8-  3>  P- 
Department  of  the  Navy,  or  hereafter  acquired  by  it. 

SEC.  419.  The  business  of  the  Department  of  the  Navy  ^JjJJJfJment 
shall  be  distributed  in  such  manner  as  the  Secretary  of  the0  Aiig?3i?i842,  s. 
Navy  shall  judge  to  be  expedient  and  proper  among  the^-5'P-57 

n    11  •  ~»  •»  '  *•**  loO*j,  S3 

following  1  Uireaus  :  12,  p.  510. 

First.  A  Bureau  of  Yards  and  Docks. 

Second.  A  Bureau  of  Equipment  and  Recruiting. 

Third.  A  Bureau  of  Navigation. 

Fourth.  A  Bureau  of  Ordnance. 

Fifth.  A  Bureau  of  Construction  and  Repair. 

Sixth.  A  Bureau  of  Steam  Engineering. 

Seventh.  A  Bureau  of  Provisions  and  Clothing.  see  note  i. 

Eighth.  A  Bureau  of  Medicine  and  Surgery. 

SEC.  420.  The  several  Bureaus  shall  retain  the  osan 

and  custody  of  the  books  of  records  and  accounts  pertain-  ords  of  Bureaus. 
ing  to  their  respective  duties  5  and  all  of  the  duties  of 
Bureaus  shall  be  performed  under  the  authority  of  the  Sec-  5',  1862,8.  *,V. 
retary  of  the  Navy,  and  their  orders  shall  be  considered  asp'511' 
emanating  from  him,  and  shall  have  full  force  and  effect 
as  such. 

SEC.   421.   The   chiefs  of  the   several  Bureaus  in   the    Appointment 
Department  of  the  Navy  shall  be  appointed  by  the  Presi-  ?efautief8 
dent,  by  and  with  the  atfvice  and  consent  of  the  Senate,    ^y^1862^8S- 
from  the  classes  of  officers  mentioned  in  the  next  five  sec-  Mar.V3,  IOTM?  io;, 
tions  respectively,  or  from  officers  having  the  relative  rank  v'™'£  §7g 
of  captain  in  the  staff  corps  of  the  Navy,  on  the  active  list,  648. 
and  shall  hold  their  offices  for  the  term  of  four  years. 

SEC.  4±>.  The  chiefs  of  the  Bureau  of  Yards  and  Docks,    July  5,  1862,  s. 
of  the  Bureau  of  Equipment    *     *     *,  of  the  Bureau  of  ^v-r2>P-510- 
Navigation,   and  .of   the  Bureau    of    Ordnance,   shall  be 
appointed  from  the  list  of  officers  of  the  Navy,  not  below 
the  grade  of  commander. 

Note  7.—  Title  rlmii^fd  to  Bureau  of  Supplies  and  Accounts  (see  act  July  19,  1892, 
Supp.  vol.  2,  p.  206).  The  title  of  the  Bureau  of  Equipment  and  Recruiting  has 
been  changed  to  "Bureau  of  Equipment." 


232       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

Mar.  8,  1898.       That  an  officer  of  the  Navy  not  below  the  rank  of  com- 

Supp.R.s.i892-  mander  may  be  detailed  as  assistant  to  the  Chief  of  the 

95Bu^eau  of  Navi-  Bureau  °f  Navigation  in  the  Navy  Department,  and  such 

gation,—  assist-  officer  shall  receive  the  highest  pay  of  his  grade, 

be  detail  "        and,  in  case  of  the  death,  resignation,  absence,  or  sick- 

42?'S''86C8'419~ness  °*  tae  ^hief  °f  the  Bureau,  shall,  unless  otherwise 

-to  act  as  chief  directed  by  the  President,  as  provided  by  section  one  huu- 

oancyse  °f  va"dred  and  seventy-nine  of  the  Revised  Statutes,  perform 

caS?k,  sec.  179.   the  duties  of  such  Chief  until  his  successor  is  appointed  or 

seenotoi.       SVLC}i  absence  or  sickness  shall  cease. 

se^Titie  "  Na-     SEC.  423.  The  chief  of  the  Bureau  of  Construction  and 
vai     construct-  Repair  shall  be  appointed  from  the  list  of  officers  of  the 
Navy,  not  below  the  grade  of  commander,  and  shall  be  a 
skillful  naval  constructor. 

iw<i.  SEC.  424.  The  chief  of  the  Bureau  of  Steam  Engineering 

shall  be  appointed  from  the  chief  engineers  of  the  Navy, 
and  shall  be  a  skillful  engineer. 

?it?e  chan  ed  ^EC*  ^^'  ^e  cu^e^  °^  ^ne  Bureau  of  Provisions  and 
to  Bureau  of"  up  Clothing  shall  be  appointed  from  the  list  of  paymasters 
Sount.s.nnsee  ict  of  tlie  Navv  of  not  less  tban  ten  years?  standing. 

of  July  19,  1892. 

July  26,  1894.       Bureau  of  Supplies  and  Accounts.     That  an  officer  of 

voi.2,supp.R.  the  pay  corps  of  the  Navy  may  be  detailed  as  assistant  to 

foG-io?2"95'   pp'the  Chief  of  the  Bureau  of  Supplies  and  Accounts  in  the 

Bureau  of  Sup-  Navy  Department,  and  that  such  officer  shall,  in  case  of  the 

?o\ints,aa"sai8tant(^ea^n'res^na^OTN  absence,  or  sickness  of  the  Chief  of  the 

chief.  '         ^   Bureau,  unless  otherwise  directed  by  the  President,  as  pro 

i79l'S''8e     1/8'vided  by  section  one  hundred  and  seventy-nine  of  the 

jniy  19,  1892,  Revised  Statutes,  perform  the  duties  of  such  chief  until 

ch.  206,  pars.  1,2,,.  .  •     j      i  11  •    •» 

ana  notes.          his  successor  is  appointed  or  such  absence  or  sickness  shall 
cease. 


is  A'  G  SEC>  426'  Tlie  cn,ief  of  tlie  Bureau  of  Medicine  and  Sur- 

176.          p'll>'  gery  shall  be  appointed  from  the  list  of  the  surgeons  of  the 

See  sec.  1375,  "NTtivv 
Wales  vs.  Whit-  ^  **  v  J  ' 
ney,  114  U.S.,  564. 

supp.  R.  s.,  SEC.  15.  That  the  Commissioner  of  Internal  Revenue  is 
v°Te28t1s'?f  delete-  authorized  to  have  applied  scientific  tests,  and  to  decide 
rious  to  health,  whether  any  substances  used  in  the  manufacture  of  tilled 

cheese  contain  ingredients  deleterious  to  health. 

Appeals.  But  in  case  of  doubt  or  contest  his  decision  in  this  class 

of  cases  may  be  appealed  from  to  a  board  hereby  consti- 
tuted for  the  purpose,  and  composed  of  the  Surgeon- 
General  of  the  Army,  the  Surgeon-General  of  the  Navy, 
and  the  Secretary  of  Agriculture,  and  the  decision  of 
this  board  shall  be  final  in  the  premises. 

SEC'  429'  The  Secretary  of  the  Navy  shall  make  annual 
reports  to  Congress  upon  the  folio  wing  subjects: 
.  First;-  A  statement  of  the  appropriation's  of  the  preced- 
i,  i82o,  s.  ing  fiscal  year  for  the  Department  of  the  Navy,  showing 
Mar.'af'isSs,  v^'  the  amount  appropriated  under  each  specific  head  of  appro- 
P.  ei?';  July  27!  priation,  the  amount  expended  under  each  head,  and  the 
365.  '  p>  balance  which,  on  tlie  thirtieth  day  of  June  preceding  such 

Note  1.—  This  section  (R.  S.,  sec.  179)  authorizes  ilio  Trcsidmf  1«.  direct  tin-  duties 
of  an  officer  to  be  performed  by  another  officer  in  case  of  vacancy  or  absence. 


NAVY    DEPARTMENT SECRETARY    AtfD    BUREAUS.  233 

report,  remained  unexpended.     Such  report  shall  be  accom-  ns°°J_  ?oc-  178°: 

•     •it  j  •  n»  j.  i  TT-i        i  T          t  •    t  (J  on  tinge  nt 

panied  by  estimates  ot  the  probable  demands  which  may  Fund, 
remain  on  each  appropriation. 

Second.  A  statement  of  all  offers  for  contracts  for  sup- 
plies and  services  made  during  the  preceding  year,  by 
classes,  indicating  such  as  have  been  accepted. 

Third.  A  statement  showing  the  amounts  expended  during 
the  preceding  fiscal  year  for  wages  of  mechanics  and  labor- 
ers employed  in  building,  repairing,  or  equipping  vessels 
of  the  Navy,  or  in  receiving  and  securing  stores  and  mate- 
rials for  those  purposes,  and  for  the  purchase  of  material 
and  stores  for  the  same  purpose;  and  showing  the  cost  or 
estimated  value  of  the  stores  on  hand,  under  this  appro- 
priation, in  the  navy-yards,  at  the  commencement  of  the 
next  preceding  fiscal  year;  and  the  cost  or  estimated  value 
of  articles  received  and  expended  during  the  year;  and  the 
cost  or  estimated  value  of  the  articles  belonging  to  this 
appropriation  which  may  be  on  hand  in  the  navy-yards  at 
the  close  of  the  next  preceding  fiscal  year. 

Fourth.  A  statement  of  all  acts  done  by  him  in  making 
sale  of  any  vessel  or  materials  of  the  Navy;  specifying  all 
vessels  and  materials  sold,  the  parties  buying  the  same,  and 
the  amount  realized  therefrom,  together  with  such  other 
facts  as  may  be  necessary  to  a  full  understanding  of  his 
acts. 

That  from  and  after  the  passage  of  this  act,  it  shall  be  June  19, 1878. 
the  duty  of  the  Secretary  of  the  Treasury  to  transmit  to'2ostat.L.,i67] 
Congress,  annually,  a  tabular  statement  snowing  in  detail  19f^$;E>s-'pp' 
the  receipts  and  expenditures  in  the  Naval  service  under  Tabular  state- 
each  appropriation,  as  made  up  and  determined  by  the  J^J*  f/poulu8 
proper  officers  of  the  Treasury  Department,  upon  ^het^s^of  ^nav^a 
accounts  of  disbursing-officers  rendered  for  settlement.  KreecongreLs 

annually. 
R.  S.,  sec.  429. 

SEC.  2.  There  shall  be  appended  to  this  statement  an  m^^r 
account  of  balances  in  the  hands  of  disbursing  agents  atof6" 
the  close  of  each  fiscal  year,  and  a  report  of  any  amounts  JJ^J"*, 
lost  or  unaccounted  for  by  voucher. 

SEC.  3.  That  the  Secretary  of  the  Navy  is  hereby  directed  Jan.  so,  isss. 
to  report  to  Congress,  at  its  next  and  each  regular  session  Supp.n.s.i874- 
thereafter,  the  amount  expended  during  the  prior  fiscal  91s?cretary  of 
year,  from  the  appropriations  for  the  pay  of  the  Navy,  JJjJJTj  *°f  CeertaTn 
Bureaus  of  Navigation,  Ordnance,  Equipment  and  Eecruit-  expenditure*  at 
ing,  Yards  and  Docks,  Medicine  and  Surgery,  Provision sg^j1^^81011  ot 
and  Clothing,  Construction  and  Repair,  and  Steam-  Titieof  Bureau 
Engineering,  for  civilians  employed  on  clerical  duty, 'or  iB^SSgcSJJ^d 
any  other  capacity  than  as  ordinary  mechanics  and  work- to  supplies  ;m<i 
ingmen,  and  to  submit,  under  the  estimates  for  pay  of  the  AR°s"t8ec.  429. 
Navy  and  for  the  respective  Bureaus  enumerated  a^ove,  ^"s-5^88^1- 
specific  estimates  for  such  civilian  employees  for  the  fiscal  ID,  ISTS,  cLsiiT 
year  eighteen  hundred  and  eighty-seven,  and  each  fiscal 
year  thereafter. 

SEC.  1375.  A  surgeon,  assistant  surgeon,  or  passed  Title  15,  chap.  i. 
assistant  surgeon  may  be  detailed  as  assistant  to  the  Assistant  to 
Bureau  of  Medicine  and  Surgery,  who  shall  receive  the  Bureau  of  Modi- 
highest  shore  pay  of  his  grade.  ^jui"?  il'isfiS 

18,  v.  12,  p.  587 ;  Feb.  27,  1877,'v.  19,  p.  214. 


234       LAWS    RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 

Title  is,  chap.  2.  $EC.  1436.  Any  staff  officer  of  the  Navy  who  has  per- 
CMefs  of  BU-  formed  the  duty  of  a  chief  of  a  Bureau  of  the  Navy  Depart- 

freoam88eaXdTt?tedment  for  a  full  terra  shall  thereafter  be  exempt  from  sea 
Mar.  3,  1871,  a.  duty,  except  in  time  of  war. 

10,  v.  16,  p.  537. 

Title  is,  chap.  4.  SEC.  1471.  The  chiefs  of  the  Bureau  of  Medicine  and 
Rank  and  title  Surgery,  Provisions  and  Clothing,  Steam  Engineering,  and 

$  (Be,^au  chief8  Construction  and  Repair,  shall  have  the  relative  rank  of 
Title  of  Bureau  commodore  while  holding  said  position,  and  shall  have 

ciiSg^chTnff!  respectively  the  title  of  Surgeon-General,  Paymaster-Gen- 

ed  to  "supplies  eral,  Eugineer-in-Chief,  and  Chief  Constructor. 

and  Accounts. 
Mar.  3,  1871,  s. 

bei'ow     SEC.  1472.  When  the  office  of  chief  of  Bureau  is  filled  by 


dore.  °f  commo'a  line  officer  below  the  rank  of  commodore,  said  officer 
iwd.  shall  have  the  relative  rank  of  commodore  during  the  time 

he  holds  said  office. 

B?ir?au°sfCreteiredf     ^EC<  1^3.  Officers  who  have  been  or  who  shall  be  retired 
'ibid"8  ]         '  from  the  position  of  chiefs  of  the  Bureau  of  Medicine  and 
Surgerv7  OI>  Provisions  and  Clothing,  of  Steam.  Engineer- 


clothing  ohang-  ing,  or  of  Construction  and  Eepair,  by  reason  of  age  or 
a^d  AccouSfs.168  length  of  service,  shall  liave  the  relative  rank  of  commo- 

dore. 
Titie  is,  chap.  8.     SEC.  1565.  The  pay  of  chiefs  of  Bureaus  in  the  Navy 

Pay  of  chiefs  Department  shall  be  the  highest  pay  of  the  grade  to  which 
ofibhTau8'  tliey  belong,  but  not  below  that  of  commodore. 

Title  10.          SEC.  416.  There  shall  be  in  the  Department  of  the  Navy  : 

clerical  force.  One  chief  clerk,  at  a  salary  of  two  thousand  five  hun- 
i2Jul5io'-  juflj  dred  dollars  a  year,  so  long  as  there  is  no  assistant  secre- 
t's. 4,V.  "3%.'  tary  of  the  Navy,  and  at  a  salary  of  two  thousand  two 
s?8;  v'l^-p1!^6-  hundred  dollars  a  year  when  there  is  an  assistant  secretary 
Mar.  3,  1871,  s.3,'  of  the  Navy. 

v.  16,  p.  492;  Mar. 
3,  1873,  s.  I,v.l7, 
p.  501. 

supp.  R.  s.,voi.     That  the  title  "appointment  clerk,"  office  of  the  Secre- 
2'&w'  Depart-  tary,  Navy  Department,  provided  for  in  the  legislative, 
executive,  and  judicial  appropriation  act  for  the  fiscal  year 
eighteen  hundred  and  ninety-seven,  is  hereby  amended  to 
referredcto  'isoe6  rea(^  :   "  Clerk  in  charge  of  civil  employments  and  labor 
May  28,  ch.  252  regulations  at  navy-yards,  who  shall  also  perform  the  duties 
of  appointment  clerk  of  the  Navy  Department,  two  thou- 
d  two  hundred  and  fifty  dollars."    *     * 

clerk,  $1,800." 

state,  war,  and     The  President  is  hereby  authorized  and  directed  to  des- 
ignate  from  the  Engineer  Corps  of  the  Army  or  the  Navy, 
an  officer  well  qualified  for  the  purpose,  who  shall  be  de- 
tailed to  act  as  superintendent  of  the  completed  portions  of 
the  State,  War,  and  Navy  Department  building,  under  di- 
rection of  the  Secretaries  of  State,  War,  and  Navy,  who  are 
commission  for  hereby  constituted  a  commission  for  the  purposes  of  the  care 
v*i8?onanodf  SSJi-  aml  supervision  of  said  building,  as  hereinafter  specified. 
»ng-  Said  officer  shall  have  charge  of  said  building,  and  all  the 

Note  1.—  The  legislative  act  of  August  5,  1882,  authorized  the  appointment  of  an 
Assistant  Secretary  from  civil  life.  No  appointment  was  made,  and  the  provision 
was  repealed  March  3,  1883.  (See  act  July  11,  1890,  chap.  667,  p.  254,  authorizing 
appointment  of  an  Assistant  Secretary  of  the  Navy.) 

Note  2.—  Office  of  Naval  Solicitor  abolished.  See  act  of  June  19,  1878,  chap.  329,  20 
Stat.  L.,  p.  205,  which  repeals  part  of  sec.  349  R.  S. 


PUBLIC   DOCUMENTS — PRINTING   AND   BINDING. 


235 


engines,  machinery,  steam  and  water  supply,  heating,  light-  ^Jeuoto^mufr 
ing,  and  ventilating  apparatus,  elevators,  and  all  other  sec.  8614.  Title, 
fixtures  in  said  building,  and  all  necessary  repairs  and  alter-  agS^of  GOV! 
atioiis  thereof,  as  well  as  the  direction  and  control  of  such  eminent. 
force  of  engineers,  watchmen,  laborers,  and  others  engaged 
about  the  building  or  the  apparatus  under  his  supervision ; 
of  tue  cleaning  of  the  corridors  and  water  closets;  of  the 
approaches,  side- walks,  lawns,  court-yards,  and  areas  of  the 
building,  and  of  all  rooms  in  the  sub-basement  which  con- 
tain the  boilers  and  other  machinery,  or  so  much  of  said 
rooms  as  may  be  indispensable  to  the  proper  performance 
of  his  duties  as  herein  provided. 

Office  of  the  superintendent :  One  clerk  class  one ;  one  ^ mpioyees  in 
chief  engineer,  at  one  thousand  two  hundred  dollars;  sixent^offic"?61 
assistant  engineers,  atone  thousand  dollars  each;  one  cap- 
tain of  the  watch,  one  thousand  two  hundred  dollars;  two 
lieutenants  of  the  watch,  at  eight  hundred  and  forty  dollars 
each ;  forty-five  watchmen ;  one  machinist,  at  nine  hundred 
dollars;  one  skilled  laborer,  at  seven  hundred  and  twenty 
dollars ;  seventeen  firemen ;  four  conductors  of  the  elevator, 
at  seven  hundred  and  twenty  dollars  each ;  two  assistant 
conductors  of  the  elevator,  at  five  hundred  dollars  each; 
sixteen  laborers;  one  laborer,  at  six  hundred  dollars;  and 
fifty-four  charwomen,  at  one  hundred  and  eighty  dollars 
each;  in  all,  eighty- two  thousand  three  hundred  dollars. 

SEC.  3.  That  the  pay  of  assistant  messengers,  firemen,  Pay  of  assist- 
watchmen,  and  laborers  provided  for  in  this  act,  unless 
otherwise  specially  stated,  shall  be  as  follows:  For  assist- 
ant messengers,  firemen,  and  watchmen,  seven  hundred  and 
twenty  dollars  per  annum  each ;  for  laborers,  six  hundred 
and  sixty  dollars  per  annum  each. 


PUBLIC  DOCUMENTS— PUBLIC  PRINTING  AND 
BINDING. 


Sec. 

31.  Department  offices  to  be  under  Public 

Printer. 
— .  Requisitions. 

51.  Form  and  style  of  work. 

52.  Sale  of  stereotypes. 

53.  Duplication. 

54.  rsital  number  of  documents. 
58.  Department,  etc.,  publications. 

67.  Disposal  of  doemnen  to  accumulating. 

73.  Nautical  Almanac  .and  Ephemoris. 
— .  Observations,  Naval  Observatory. 
— .  Coast  and  Geodetic  Survey. 

— .  Session  laws. 

— .  Statutes  at  Large. 

— .  President's  Message. 

— .  Army  and  Navy  Registers. 

— .  Congressional  Directory. 

— .  Congressional  Record. 

— .  Official  Register. 

— .  Monthly  volume  of  patents  issued. 

74.  Publications  to  officials. 

75.  Documents  to  foreign  legations. 
70.  Coast  Survey  charts. 

77.  Hydrographic  Office  charts. 

78.  Foreign  hydrographic  charts. 
80.  Illustrations  in  reports,  etc. 


Sec. 

81.  Binding. 

— .  Classification  of  documents. 

82.  Bills  and  resolutions. 

83.  Committee  reports. 

84.  Binding  registered  bonds,  etc. 

85.  Franking  documents. 

86.  Work  must  be  authorized. 

87.  Printing  and  binding  to  be  done  at 

Printing  Office. 

88.  Printing  for  the  President. 

89.  Appropriations  not  to  be  exceeded. 

90.  Departments  to  order  documents  re- 

quired. 

91.  Form  of  reports  of  executive  officers. 

92.  Departmental  distribution. 

93.  Work  for  Departments. 
— .  Estimate  of  cost. 

94.  Restriction  of  printing. 

95.  Exchange  of  documents. 

96.  Postmaster -General  to  contract  for 

all  envelopes. 

97.  Judicial  blanks,  etc. 

98.  Documents  to  Department,  etc.,  libra- 

ries. 

— .  Act  Dec.  21,  1879.    Impressions  from 
vignettes,  etc. 


SEC.  31.  All  printing  offices  in  the  Departments  now  in  Departmentof- 
operation,  or  hereafter  put  in  operation,  bylaw,  shall  be iSte Printer!1" 
considered  a  part  of  the  Government  Printing  Office,  and 


236   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


Proviso. 
Exceptions. 


Requisitions. 


shall  be  under  the  control  of  the  Public  Printer,  who 
shall  furnish  all  presses,  types,  imposing  stones,  and 
necessary  machinery  and  material  for  said  offices  from 
the  general  supplies  of  the  Government  Printing  Office; 
and  all  paper  and  material  of  every  kind  used  in  the  said 
offices  for  departmenal  work,  except  letter  and  note  paper 
and  envelopes,  shall  be  supplied  by  the  Public  Printer; 
and  all  persons  employed  in  said  printing  offices  and  bind- 
eries shall  be  appointed  by  the  Public  Printer,  and  be  car- 
ried on  his  pay  roll  the  same  as  employees  in  the  main 
office,  and  shall  be  responsible  to  him:  Provided,  That  the 
terms  of  this  Act  shall  not  apply  to  the  office  in  the  Weather 
Bureau,  or,  to  so  much  of  the  printing  as  is  necessary  to 
expedite  the  work  of  the  Record  and  Pension  Division 
of  the  War  Department  nor  to  the  printing  office  now 
in  operation  in  the  Census  Office;  but  the  Public  Printer, 
with  the  approval  of  the  Joint  Committee  on  Printing, 
may  abolish  any  of  these  excepted  offices  whenever  in 
their  judgment  the  economy  of  the  public  service  would 
be  thereby  advanced. 

All  work  done  in  the  said  offices  shall  be  ordered  on 
blanks  prepared  for  that  purpose  by  the  Public  Printer, 
which  shall  be  numbered  consecutively,  and  must  be 
signed  by  some  one  designated  by  the  head  of  the  Depart- 
ment for  which  the  work  is  to  be  done,  who  shall  be  held 
responsible  for  all  work  thus  ordered,  and  who  shall  quar- 
terly report  to  the  head  of  the  Department  a  classified 
statement  of  the  work  done  and  the  cost  thereof,  which 
Cost  of  branch  report  shall  be  transmitted  to  the  Public  Printer  in  time 
for  hjs  aimual  report  to  Congress.  The  Public  Printer 
shall  show  in  detail,  in  his  annual  report,  the  cost  of  oper- 
ating each  departmental  office. 

SEC.  51.  The  forms  and  style  in  which  the  printing  or 
R.S  ,  sec.  3790,  binding  ordered  by  any  of  the  Departments  shall  be  exe- 
P.  745,  amended.  cuted,  an  d.  the  material  and  the  size  of  type  to  be  used, 
shall  be  determined  by  the  Public  Printer,  having  proper 
regard  to  economy,  workmanship,  and  the  purposes  for 
which  the  work  is  needed. 

SEC.  52.  The  Public  Printer  shall  sell,  under  such  regu- 
lations as  the  Joint  Committee  on  Printing  may  prescribe, 
to  any  person  or  persons  who  may  apply  additional  or 
duplicate  stereotype  or  electrotype  plates  from  which  any 
Government  publication  is  printed,  at  a  price  not  to  exceed 
the  cost  of  composition,  the  metal  and  making  to  the  Gov- 
ernment and  ten  per  centum  added  :  Provided,  That  the  full 
amount  of  the  price  shall  be  paid  when  the  order  is  filed  : 
^-^d  provided  further,  That  no  publication  reprinted  from 
such  stereotype  or  electrotype  plates  and  no  other  Govern- 
ment publication  shall  be  copyrighted. 

^EC*  53'  Tlie  l>ublic  Printer  shall  examine  closely  the 
orders  of  the  Senate  and  House  for  printing,  and  in  case 
of  duplication  he  shall  print  under  the  first  order  received. 
C*  ^*  Whenever  any  document  or  report  shall  be 
3792,  ordered  printed  by  Congress,  such  order  to  print  shall  sig- 
P.  745,  amended.  n[fy  foe  "usual  nnmben"  of  copies  for  binding  and  distri- 


Sale  of  stereo 
types,  etc. 


Provisos. 
Price. 


Co. 
forbidden 


p.  745. 


Of 


In'ber 


PUBLIC    DOCUMENTS — PRINTING    AND    BINDING.  237 

bution  union*;'  those  entitled  to  receive  them.  No  greater 
number  shall  be  printed  unless  ordered  by  either  House,  or 
as  hereinafter  provided.  When  a  special  number  of  a  doc- 
ument or  report  is  ordered  printed,  the  usual  number  shall 
also  be  printed,  unless  already  ordered.  The  usual  num- 
ber of  documents  and  reports  shall  be  one  thousand  six 
hundred  and  eighty-two  copies. 

Si;r.  ,~>8.  Whenever  printing  not  bearing  a  Congressional    Department, 
number  shall  be  done  for  any  department  or  officer  of  the  Jjjj;a  Publica- 
Government,  except  confidential  matter,  blank  forms,  and 
circular  letters  not  of  a  public  character,  or  shall  be  done 
for  use  of  Congressional-committees,  not  of  a  confidential 
character,  two  copies   shall  be  sent,  unless  withheld  by 
order  of  the  committee,  by  the  Public  Printer  to  the  Sen- 
ate and  House  Libraries,  respectively,  and  one  copy  each 
to  the  document  rooms  of  the  Senate  and  House,  for  ref- 
erence j  and  these  copies  shall  not  be  removed;  and  of  all    Distribution. 
publications  of  the  Executive  Departments  not  intended 
for  their  especial  use,  but  made  for  distribution,  five  hun- 
dred copies  shall  be  at  once  delivered  to  the  superintend- 
ent of  documents  for  distribution  to  designated  deposito- 
ries and  State  and  Territorial  libraries. 

SEC.  67.  All  documents  at  present  remaining  in  charge    Disposal  ot 
of  the  several  Executive  Departments,  bureaus,  and  offices  j11*8  accu" 
of  the  Government  not  required  for  official  use  shall  be 
delivered  to  the  superintendent  of  documents,  and  hereafter 
all  public  documents  accumulating  in  said  Departments, 
bureaus,  and  offices  not  needed  for  official  use  shall  be 
annually  turned  over  to  the  superintendent  of  documents 
for  distribution  or  sale. 

SEC.  73.  Of  the  Ephemeris  and  Nautical  Almanac  and  of  Nautical 
the  papers  supplementary  thereto,  one  thousand  five  huu-  JJ£  and  EPhem- 
dred  copies ;  one  hundred  copies  for  t  he  Senate,  four  hundred 
for  the  House,  and  one  thousand  for  distribution  or  sale  by 
the  Navy  Department.    The  five  hundred  copies  printed  for 
Congress  and  the  us"ual  number  shall  be  for  the  calendar 
year  next  following,  and  those  for  the  Navy  Department 
for  the  third  year  following.    The  Secretary  of  the  Navy  is 
also  authorized  to  cause  additional  copies  of  the  Ephemeris, 
and  of  the  Nautical  Almanacs  extracted  therefrom,  to  be 
printed  for  the  public  service  and  for  sale  to  navigators  and 
others:  Provided,  That  all  moneys  received  from  sales  of   Provito. 
the  Ephemeris  and  of  the  Nautical  Almanacs  shall  be  depos-    Sale8' 
ited  in  the  Treasury  and  placed  to  the  credit  of  the  general 
fund  for  public  printing. 

Of  the  Observations  of  the  Naval  Observatory,  one  thou-    observations, 
sand  eight  hundred  copies ;  three  hundred  for  the  Senate,^1  Ob8erva'' 
seven  hundred  for  the  House,  and  eight  hundred  for  dis- 
tribution by  the  Naval  Observatory,  and  of  the  astronom- 
ical appendixes  to  the  above  observations,  one  thousand 
two  hundred  separate  copies,  and  of  the  meteorological  and 
magnetic  observations  one  thousand  separate  copies  for 
distribution  by  the  Naval  Observatory. 

Of  the  Report  of  the  Superintendent  of  the  Coast  and    Coast  and  Geo- 
Geodetic  Survey,  one  thousand  five  hundred  copies  of  part 


238       LAWS   RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 

one;  two  hundred  copies  for  the  Senate,  six  hundred  copies 
for  the  House,  and  seven  hundred  copies  for  distribution 
by  the  Superintendent  of  the  Coast  and  Geodetic  Survey, 
and  two  thousand  eight  hundred  copies  of  part  two ;  two 
hundred  for  the  Senate,  six  hundred  for  the  House,  and  two 
thousand  for  distribution  by  the  Superintendent  of  the 
Coast  and  Geodetic  Survey. 

session  laws.       The  Secretary  of  State  shall  cause  to  be  edited,  printed, 

se°e  p  sSi.       published,  and  distributed  pamphlet  copies  of  the  statutes 

sale  ami  distri-  of  the  present  and  each  future  session  of  Congress  to  the 

8tatute80fbyT  Su-  officers  and  persons  hereinafter  provided  for ;  said  distribu- 

per  in tend eut  tion  shall  be  made  at  the  close  of  every  session  of  Congress. 

lament".          aS.folloWS: 

To  the  President  and  Yice-President  of  the  United  States, 
two  copies  each ;  to  each  Senator,  Representative  and  Dele- 
gate in  Congress,  one  copy;  to  the  Librarian  of  the  Senate, 
for  the  use  of  Senators,  one  hundred  copies ;  to  the  Librarian 
of  the  House,  two  hundred  copies,  for  the  use  of  Representa- 
tives and  Delegates;  to  the  Library  of  Congress,  fourteen 
copies;  to  the  Department  of  State,  including  those  for  the 
use  of  legations  and  consulates,  six  hundred  copies;  to  the 
Treasury  Department,  three  hundred  copies;  to  the  War 
Department,  two  hundred  copies ;  to  the  Navy  Department, 
one  hundred  copies;  to  the  Department  of  the  Interior, 
including  those  for  the  use  of  the  surveyors-general  and 
registers  and  receivers  of  public  land  offices,  two  hundred 
and  fifty  copies ;  to  the  Post-Office  Department,  fifty  copies ; 
to  the  Interstate  Commerce  Commission,  ten  copies;  to  the 
Department  of  Labor,  five  copies;  to  the  Civil  Service  Com- 
mission, three  copies ;  to  the  Department  of  Justice,  includ- 
ing those  for  the  use  of  the  Chief  Justice  and  associate 
justices  of  the  Supreme  Court  and  the  judges  and  officers 
of  the  United  States  and  Territorial  courts,  five  hundred 
copies ;  to  the  Department  of  Agriculture,  fifty  copies ;  to 
the  Smithsonian  Institution,  five  copies ;  to  the  Government 
Printing  Office,  two  copies ;  to  the  governors  and  secretaries 
of  Territories,  one  copy  each. 

statutes   at     After  the  close  of  each  Congress  the  Secretary  of  State 

Lvoie'is  p  114  SDaU  have  edited,  printed,  and  bound  a  sufficient  number 

of  the  volumes  containing  the  Statutes  at  Large  enacted 

by  that  Congress  to  enable  him  to  distribute  copies,  or  as 

many  thereof  as  maybe  needed,  as  follows: 

To  the  President  of  the  United  States,  four  copies,  one 
of  which  shall  be  for  the  library  of  the  Executive  Mansion ; 
to  the  Vice-President  of  the  United  States,  one  copy;  to 
each  Senator,  Representative,  and  Delegate  in  Congress, 
one  copy ;  to  the  Librarian  of  the  Senate,  for  the  use  of  Sen- 
ators, one  hundred  copies;  to  the  Librarian  of  the  House, 
for  the  use  of  Representatives  and  Delegates,  two  hundred 
copies ;  to  the  Library  of  Congress,  fourteen  copies;  includ- 
ing four  copies  for  the  Law  Library ;  to  the  Department  of 
State,  including  those  for  the  use  of  the  legations  and  con- 
sulates, three  hundred  and  eighty  copies;  to  the  Treasury 
Department,  including  those  for  the  use  of  officers  of  customs, 
three  hundred  copies ;  to  the  War  Department,  seventy-five 
copies;  to  the  Navy  Department,  seventy-five  copies. 


PUBLIC    DOCUMENTS — PRINTING   AND    BINDING.  239 

The  pamphlet  copies  of  the  statutes  and  the  bound  copies  (le^co  as  evi- 
of  the  Acts  of  each  Congress  shall  be  legal  evidence  of 
the  laws  and  treaties  therein  contained  in  all  the  courts  of 
the  United  States  and  of  the  several  States  therein.    The    Contents, 
said  pamphlet  and  the  Statutes  at  Large  shall  contain  all 
laws,  joint  and  concurrent  resolutions  passed  by  Congress, 
and    also    all    conventions,   treaties,   proclamations,   and 
agreements. 

Of  the  President's  Message  and  accompanying  documents    Message  an  d 
and  of  the  annual  reports  of  the  Departments  to  Congress  do 
there  shall  be  printed  one  thousand  copies  for  the  Senate 
and  two  thousand  for  the  House:  Provided.  That  of  the    fr™.jsoof  cer 
reports  of  the  Chief  of  Engineers  of  the  Army,  the  Commis-  tain  ToporVs-06' 
sioner  of  Patents,  the  Commissioner  of  Internal  Revenue, 
the  report  of  the  Chief  Signal  Officer  of  the  War  Depart- 
ment, and  of  the  Chief  of  Ordnance,  the  usual  number 
only  shall  be  printed. 

Of  the  Registers  of  the  Army  and  Navy,  fifteen  hundred 
copies  of  each;  five  hundred  for  the  Senate  and  one  thou- 
sand for  the  House. 

Of  the  Tests  of  Iron  and  Steel,  five  hundred  copies  for  iron  and  steel, 
distribution  by  the  War  Department. 

There  shall  be  prepared  under  the  direction  of  the  Joint  Dire°c"f,r®8sional 
Committee  on  Printing  a  Congressional  Directory,  of  which    iTs  "sec.  asoi, 
there  shall  be  three  editions  during  eacli  long  session  and  p- 746j  amentled- 
two  editions  during  each  short  session  of  Congress.    The 
first  edition  shall  be  distributed  to  Senators,  Representa- 
tives, Delegates,  the  principal  officers  of  Congress,  and 
heads  of  Departments  on  the  first  day  of  the  session,  and 
shall  be  ready  for  distribution  to  others  within  one  week 
thereafter.    The  number  and  distribution  of  such  Directory 
shall  be  under  the  control  of  the  Joint  Committee  on  Print- 
ing.    Official    correspondence    concerning  the  Directory 
may  be  had  in  penalty  envelopes  under  the  direction  of  the 
Joint  Committee. 

The  Public  Printer  shall  furnish  the  Congressional  Ke^rD(f 688ional 
Eecord  as  follows  and  shall  furnish  gratuitously  no  others  so°ie  gratuitous 
in  addition  thereto :  distribution. 

*#*#### 

To  the  library  of  each  of  the  eight  Executive  Depart- 
ments, and  to  the  Naval  Observatory,  Smithsonian  Institu- 
tion and  the  United  States  National  Museum,  one  bound 
copy. 

*.•"  j»   •*-•'.*  ;       '"».»•••# 

To  enable  the  officer  charged  with  the  duty  of  preparing    official  Regis- 
the  Official  Register  of  the  United  States  to  publish  the  tej;reparation 
same,  the  Secretary  of  the  Senate,  the  Clerk  of  the  House    R.  s.,  sec.  510, 
of  Representatives,  the  head  of  each  Executive  Department  IK84'amende(L 
of  the  Government,  and  the  chief  of  each  and  every  bureau, 
office,  commission,  or  institution  not  embraced  in  an  Execu- 
tive Department,  in  connection  with  which   salaries  are 
paid  from  the  Treasury  of  the  United  States,  shall,  on  the 
first  day  of  July  in  each  year  in  which  a  new  Congress  is 
to  assemble,  cause  to  be  filed  with  the  Secretary  of  the 
Interior  a  full  and  complete  list  of  all  officers,  agents,  clerks, 


240       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 


and  other  employees  of  said  Department,  bureau,  office, 
commission,  or  institution  connected  with  the  legislative, 
executive,  or  judicial  service  of  the  Government,  or  paid 
from  the  United  States  Treasury,  including  military  and 
naval  officers  of  the  United  States,  cadets,  and  midshipmen. 
Said  lists  shall  exhibit  the  salary,  compensation,  and 
emoluments  allowed  to  each  of  said  officers,  agents,  clerks, 
and  other  employees,  the  State  or  country  in  which  he  was 
born,  the  State  or  Territory  and  Congressional  district  and 
county  of  which  he  is  a  resident  and  from  which  he  was 
appointed  to  office,  and  where  employed. 

A  list  of  the  names,  force,  and  condition  of  all  ships  and 
vessels  belonging  to  the  United  States,  and  when  and 
where  built,  shall  also  be  filed  with  the  Secretary  of  the 
Interior  by  the  heads  of  the  Departments  having  super- 
vision of  such  ships  and  vessels,  for  incorporation  in  the 
Official  Register. 

Editing,  etc.  The  Secretary  of  the  Interior  shall  cause  the  Official 
Register  to  be  edited,  indexed,  and  published  by  the  chief 
clerk  of  the  Interior  Department,  on  the  first  day  of 
December  following  the  first  day  of  July  above  mentioned. 
Distribution.  Of  the  Official  Register  three  thousand  copies  shall  be 
saw.^jJ^E'St  P™^6^  aucl  bound,  which  shall  be  distributed  as  follows: 
amended.  '  '  To  the  President  of  the  United  States,  four  copies,  one 
copy  of  which  shall  be  for  the  library  of  the  Executive 
Mansion;  to  the  Vice-President  of  the  United  States,  two 
copies;  to  each  Senator,  Representative,  and  Delegate  in 
Congress,  one  copy  ;  to  the  Secretary  and  Sergeant-at-Arms 
of  the  Senate,  to  the  Clerk  and  Sergeant-at-Arms  of  the 
House,  one  copy  each  ;  to  the  library  of  the  Senate,  ten 
copies;  to  the  library  of  the  House  of  Representatives,  ten 
copies;  to  the  Library  of  Congress,  twenty-  five  copies;  to 
the  Department  of  State,  one  hundred  copies;  to  the 
Treasury  Department,  one  hundred  and  fifty  copies;  to  the 
War  Department,  fifty  copies;  to  the  Navy  Department, 
twenty  copies.  *  *  * 

Monthly  voi-  Copies  of  the  specifications  and  drawings  of  each  patent 
ta?ued°.f  pat  lt8  issued,  bound  in  monthly  volumes,  one  copy  for  each  of 
R.  s.,  sec.  490,  the  Executive  Departments  of  the  Government,  one  copy  to 
be  placed  for  free  public  inspection  in  each  capitol  of  every 
State  and  Territory,  one  for  the  like  purpose  in  the  clerk's 
office  of  the  district  court  of  each  judicial  district  of  the 
United  States,  except  when  such  offices  are  located  in 
State  or  Territorial  capitols,  and  one  in  the  Library  of 
Congress,  which  copies  shall  be  certified  under  the  hand 
of  the  Commissioner  and  seal  of  the  Patent  Office,  and 
shall  not  be  taken  from  the  depositories  for  any  other  pur- 
pose than  to  be  used  as  evidence;  also  one  hundred  addi- 
tional copies  of  the  same,  for  sale  by  him  at  a  price  to  be 
fixed  by  the  Secretary  of  the  Interior.  The  u  usual  number" 
shall  not  be  printed. 

inserting  No  report,  document,  or  publication  of  any  kind  distrib- 
uted  by  or  from  an  Executive  Department  or  bureau  of 
the  Government  shall  contain  any  notice  that  the  same  is 
sent  with  "the  compliments"  of  an  officer  of  the  Govern- 
ment, or  with  any  special  notice  that  it  is  so  sent,  except 


PUBLIC    DOCUMENTS PRINTING    AND    BINDING.  241 

that  notice  that  it  has  been  sent,  witli  a  request  for  an 
acknowledgment  of  its  receipt,  may  be  given. 

SEC.  74.  Government  publications  furnished  to  judicalo^^cation8to 
and  executive  officers  of  the  United  States  for  their  official 
use  shall  not  become  the  property  of  these  officers,  but  on 
the  expiration  of  their  official  t^rm  shall  be  by  them  deliv- 
ered to  their  successors  in  office  and  all  Government  pub- 
lications delivered  to  designated  depositories  or  other 
libraries  shall  be  for  public  use  without  charge. 

SEC.  75.  Documents  and  reports  may  be  furnished  t°ti(Jn08reign  lega' 
foreign  legations  to  the  United  States  upon  request  speci- 
fying those  desired  and  requisition  made  upon  the  Public 
Printer  by  the  Secretary  of  State:  Provided,  That  such    Reciprocal dis- 
gratuitous   distribution   shall   only  be  made  to  legations  tribution. 
whose  Governments  furnish  to  legations  from  the  United 
States  copies  of  their  printed  and  legislative  documents 
desired. 

SEC.  7G.  The  charts  published  by  the  Coast  and  Geo-^"^*,  survey 
detic  Survey  shall  be  sold  at  cost  of  paper  and  printing0  KS*.', sec. 469i, 
as  nearly  as  practicable;  and  there  shall  be  no  free  distri-p-911iamended- 
bution  of  such  charts  except  to  the  Departments  and  offi- 
cers of  the  United  States  requiring  them  for  public  use; 
and  a  number  of  copies  of  each  sheet,  not  to  exceed  three 
hundred,  to  be  presented  to  such  foreign  governments, 
libraries,  and  scientific  associations,  and  institutions  of 
learning  as  the  Secretary  of  the  Treasury  may  direct;  but 
on  the  order  of  Senators,  Kepresentatives,  and  Delegates 
not   to  exceed  ten   copies   to   each   may  be  distributed 
through  the  Superintendent  of  the  Coast  and  Geodetic 
Survey. 

SEC.  77.  The  Secretary  of  the  Navy  is  authorized  to    JFydrographio 

,   /,        TT     ,  *,  .      s^.™  ,      j  Office  charts,  etc. 

cause  to  be  prepared  at  the  Hydrographic  Office  attached    R.  s.,  sec.  432, 
to  the  Bureau  of  Navigation,  in  the  Navy  Department,  P- 72- 
maps,  charts,  and  nautical  books  relating  to  and  required 
in  navigation,  and  to  publish  and  furnish  them  to  naviga- 
tors at  the  cost  of  printing  and  paper,  and  to  purchase  the 
plates  and  copyrights  of  such  existing  maps,  charts,  navi- 
gators' sailing  directions  and  instructions  as  he  may  con- 
sider necessary  and  when  he  may  deem  it  expedient  to  do 
so,  and  under  such  regulations  and  instructions  as  he  may 
prescribe. 

All  moneys  which  may  be  received  from  the  sale  of  maps,  ga^®ceipt8  from 
charts,  and  nautical  books  shall  be  paid  by  the  Secretary  8aR8s.,  sec.  433, 
of  the  Navy  into  the  Treasury  of  the  United  States,  to  be?-72-  Bended, 
used  in  the  further  preparation  and  publication  of  maps, 
charts,  navigators'  sailing  directions,  and  instructions  for 
the  use  of  seamen,  to  be  sold  at  the  cost  of  printing  and 
paper. 

SEC.  78.  All  appropriations  made  for  the  preparation  or    Foreign  hydro- 

i  T       j-  ,,  ,,L  L   t  i  '  i     graphic  charts. 

publication  of  foreign  hydrographic   surveys    shall  only    R.S.,  sec. 3686, 
be  applicable  to  their  object,  upon  the  approval  by  thep-723- 
Secretary  of  the  Navy,  after  a  report  from  three  competent 
naval  officers  to  the  effect  that  the  original  data  for  pro- 
posed charts  are  such  as  to  justify  their  publication;  and 
it  is  hereby  made  the  duty  of  the  Secretary  of  the  Navy  to 
376 16 


242   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

order  a  board  of  three  naval  officers  to  examine  and  report 
upon  the  data  before  he  shall  approve  of  any  application  of 
moneys  to  the  preparation  or  publication  of  such  charts  or 
hydrographic  surveys. 

illustrations  in  SEC.  80.  No  document  or  report  to  be  illustrated  or  accom- 
panied by  maps  shall  be  printed  by  the  Public  Printer  until 
the  illustrations  or  maps  designed  therefor  shall  be  ready 
for  publication  ;  and  no  order  for  public  printing  shall  be 
acted  upon  by  the  Public  Printer  after  the  expiration  of  one 
year,  unless  the  entire  copy  and  illustrations  for  the  work 
shall  have  been  furnished  within  that  period  :  Provided,  This 


section  shall  not  apply  to  orders  heretofore  made  for  the 
printing  of  a  series  of  volumes  on  one  subject. 

Binding.  SEC.  81.  Every  public  document  of  sufficient  size  on  any 

one  subject  shall  be  bound  separately,  and  receive  the  title 
suggested  by  the  subject  of  the  volume,  which  shall  be  the 
chief  title,  and  the  classification  of  the  volume  shall  be 
placed  on  the  back  at  the  bottom,  as  simply  indicating  its 
classification  and  not  as  a  part  of  the  title. 

classification  The  executive  and  miscellaneous  documents  and  the 
reports  of  each  House  of  Congress  shall  be  designated  as 
"  House  Documents,"  "  Senate  Documents,"  "  House  Re- 
ports," "  Senate  Reports,"  thus  making  two  classes  for  each 
House,  and  each  volume  shall  receive  the  title  suggested  by 
its  subject  matter  clearly  placed  upon  its  back. 

i  Bins  andoresod  SEC.  82.  The  Public  Printer  shall  bind  four  sets  of  Senate 
8et8°n8'  1  and  House  of  Representatives  bills,  joint  and  concurrent 
resolutions  of  each  Congress,  two  for  the  Senate  and  two 
for  the  House,  to  be  furnished  him  from  the  files  of  the  Sen- 
ate and  House  document  room,  the  volumes  when  bound  to 
be  kept  there  for  reference. 

committee  re-  SEC.  83.  The  Secretary  of  the  Senate  and  Clerk  of  the 
House  shall  procure  and  file  for  the  use  of  their  respective 
Houses  copies  of  all  reports  made  by  committees,  and  they 
are  hereby  directed  at  the  close  of  each  session  of  Con- 
gress to  cause  such  reports  to  be  indexed  and  bound,  one 
copy  to  be  deposited  in  the  library  of  each  House  and  one 
copy  in  the  room  of  the  committee  from  which  the  reports 
emanate. 


SEC.  84.  Registered  bonds  and  written  records  may  be 
elR  s  sec  378?  bound  at  the  Treasury  Department. 

p.  744. 

Franking  doc-  SEC.  85.  The  Vice-President,  Senators,  Representatives, 
and  Delegates  in  Congress,  the  Secretary  of  the  Senate, 
and  Clerk  of  the  House  of  Representatives  may  send  and 
receive  through  the  mail  all  public  documents  printed  by 
order  of  Congress;  and  the  name  of  the  Vice-President, 
Senator,  Representative,  Delegate,  Secretary  of  the  Senate, 
and  Clerk  of  the  House  shall  be  written  thereon,  with  the 
proper  designation  of  the  office  he  holds;  and  the  provi- 
sions of  this  section  shall  apply  to  each  of  the  persons 
named  therein  until  the  first  day  of  December  following 
the  expiration  of  their  respective  terms  of  office. 

encerertc8fr<ee1(1"     Tne  Vice-President,  members  and  members-elect  of  and 
Delegates  and  Delegates-elect  to  Cougress  shall  have  the 


PUBLIC    DOCUMENTS  --  PRINTING    AND    BINDING.  243 

privilege  of  sending  free  through  the  mails,  and  under  their 
frank,  any  mail  matter  to  any  Government  official  or  to  any 
person,  correspondence,  not  exceeding  one  ounce  in  weight, 
upon  official  or  departmental  business. 

SEC.  86.  No  printing  or  binding  shall  be  done  at  the  u^1°j]cS52JU8t  be 
Government  Printing   Office  unless   authorized  by  law.  ^R.^Tec'.  3785, 


Binding  for  the  Departments  of  the  Government  shall  be  i»- 
done  in  plain  sheep  or  cloth,  except  that  record  and  account 
books  may  be  bound  in  Russia  leather,  sheep  fleshers,  and 
skivers,  when  authorized  by  the  head  of  a  Department:    Proviso 
Provided,  The  libraries  of  the  several  Departments,  the    Libraries,  etc. 
Library  of  Congress,  the  libraries  of  the  Surgeon-GeueraPs 
Office,  the  Patent  Office,  and  the  Naval  Observatory  may 
have  books  for  the  exclusive  use  of  said  libraries  bound  in 
half  Turkey,  or  material  no  more  expensive. 

SEC.  87.  All  printing,  binding,  and  blank  books  for  the    work   to   be 
Senate  or  House  of  Representatives  and  for  the  Executive  oZ^  l 
and  Judicial  Departments  shall  be  done  at  the  Government    ^f'^^J6' 
Printing  Office,  except  in  cases  otherwise  provided  by  law.  p' 

SEC.  88.  The  Public  Printer  shall  execute  such  printing    Printing,  etc, 
and  binding  for  the  President  as  he  shall  order  and  make  dent. 
requisitions  for,  arid  deliver  to  the  Executive  Mansion  two 
copies  each  of  all  documents,  bills,  and  resolutions  as  soon 
as  printed  and  ready  for  distribution. 

SEC.  89.  No  printing  shall  be  done  for  the  Executive  Appropriations 
Departments  in  any  fiscal  year  in  excess  of  the  amount  of  ed*etcbe 
the  appropriation,  and  none  shall  be  done  without  a  special 
requisition,  signed  by  the  chief  of  the  Department  and 
filed  with  the  Public  Printer. 

No  report,  publication,  or  document  shall  be  printed  in    Number  iim- 
excess  of  the  number  of  one  thousand  of  each  in  any  onelted- 
fiscal  year  without  authorization   therefor  by  Congress, 
except  that  of  the  annual  report  of  the  head  of  the  Depart-  r^l^*11161111 
meut  without  appendices  there  may  be  printed  in  any  one 
fiscal  year  not  to  exceed  five  thousand  copies,  bound  in 
pamphlet  form;  and  of  the  reports  of  chiefs  of  bureaus  Bureau  reports. 
without  appendices  there  may  be  printed  in  any  one  fiscal 
year  not  to  exceed  two  thousand  five  hundred  copies,  bound 
in  pamphlet  form  :  Provided,  The  Secretary  of  Agriculture    crop**reports 
may  print  such  number  of  copies  of  the  monthly  crop  report,  etc. 
and  of  other  reports  and  bulletins  containing  not  to  exceed 
one  hundred  octavo  pages,  as  he  shall  deem  requisite;  and 
this  provision  shall  apply  to  the  maps,  charts,  bulletins, 
and  minor  reports  of  the  Weather  Bureau,  which  shall 
be  printed  in  such  numbers  as  the  Secretary  of  Agricul- 
ture may  deem  for  the  best  interests  of  the  Government: 
Provided  further,  That  the  Secretary  of  the  Treasury  may 
authorize  the  printing  of  the  notices  to  mariners,  tideet^arinenotice8' 
tables'  coast  pilots,  bulletins,  and  other  special  publications 
of  the  Coast  and  Geodetic  Survey  and  of  the  Light-House 
Board,  and  the  Secretary  of  the  Navy  may  authorize  the 
printing  of  the  charts,  maps,  notices  to  mariners,  tide 
tables,  light  lists,  sailing  directions,  bulletins,  and  other 
special  publications  of  the  Hydrographic  Office  in  such 
editions  as  the  interests  of  the  Government  and  of  the 
public  may  require. 


244       LAWS    RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 

Heads  of  Executive  Departments  shall  direct  whether 
reports  made  to  them  by  bureau  chiefs  and  chiefs  of  divi- 
sions shall  be  printed  or  not. 

tender ™<iocu8     SE°'  9°*  Tlie  lieac^s  of  Executive  Departments,  and  such 
mentsVequired"  executive  officers  as  are  not  connected  with  the  Depart- 
ments, respectively,  shall  cause  daily  examination  of  the 
Congressional  Record  for  the  purpose  of  noting  documents, 
reports,  and  other  publications  of  interest  to  their  Depart- 
ments, and  shall  cause  an  immediate  order  to  be  sent  to 
L!"11*-  the  Public  Printer  for  the  number  of  copies  of  such  publi- 

Hills  and  reso-        , .  ••**/**••%  -,    -, 

intions.  cations  required  for  official  use,  not  to  exceed,  however,  the 

number  of  bureaus  in  the  Department  and  divisions  in  the 
office  of  the  head  thereof.  The  Public  Printer  shall  send 
to  each  Executive  Department  and  to  each  executive  office 
not  connected  with  the  Departments,  as  soon  as  printed, 
five  copies  of  all  bills  and  resolutions,  except  the  State 
Department,  to  which  shall  be  sent  ten  copies  of  bills  and 
resolutions.  When  the  head  of  a  Department  desires  a 
greater  number  of  any  class  of  bills  or  resolutions  for  offi- 
cial use,  they  shall  be  furnished  by  the  Public  Printer  on 
requisition  promptly  made. 
Form,  etc.,  of  SEC.  91.  The  annual  reports  of  executive  officers  shall 

reports.  j^  pouted  in  the  same  type  and  form  as  the  report  of  the 

head  of  the  Department  which  it  accompanies,  unless  other- 
wise ordered  by  the  Joint  Committee  on  Printing. 

diSrTbufionntal  ^EC.  92.  Government  publications  printed  for  or  received 
by  the  Executive  Departments,  whether  for  official  use  or 
for  distribution,  shall  be  distributed  by  a  competent  person 
detailed  to  such  duty  in  each  Department  by  the  head 
thereof.  He  shall  keep  an  account  in  detail  of  all  publica- 
tions received  and  distributed  by  him.  He  shall  prevent 
duplication,  and  make  detailed  report  to  the  head  of  the 
Department,  who  shall  transmit  the  same  annually  to 
Congress. 

work  for  De-     SEC.  93.  When  any  Department,  the  Supreme  Court,  the 

'    Court  of  Claims,  or  the  Library  of  Congress  shall  require 

printing  or  binding  to  be  done,  it  shall  be  on  certificate  that 

such  work  be  necessary  for  the  public  service;  whereupon 

^Estimate  of  the  public  printer  shall  furnish  an  estimate  of  the  cost  by 
the  principal  items  for  such  printing  or  binding  so  called 
'  for,  after  which  requisitions  shall  be  made  upon  him  therefor 
by  the  head  of  such  Department,  the  Clerk  of  the  Supreme 
Court,  Chief  Justice  of  the  Court  of  Claims,  or  the  Libra- 
rian of  Congress;  and  the  Public  Printer  shall  place  the 
cost  thereof  to  the  debit  of  such  Department  in  its  annual 
appropriation  for  printing  and  binding. 

rSSnriction  °f  SEC.  94.  No  head  of  any  Executive  Department,  or  of  any 
bureau,  branch,  or  office  of  the  Government,  shall  cause  to 
be  printed,  nor  shall  the  Public  Printer  print,  any  docu- 
ment or  matter  except  that  which  is  authorized  bylaw  and 
necessary  to  the  public  business;  and  executive  officers, 
before  transmitting  their  annual  reports,  shall  carefully 
examine  the  same  and  all  accompanying  documents,  and 

Excluding  un- exclude  therefrom  all  matter,  including  engravings,  maps, 
t-  Drawings,  au(i  illustrations,  except  such  as  they  shall  cer- 


PUBLIC  OR  DEPARTMENT  RECORDS. 


245 


t  {  8  e 


tify  in  tlieir  letters  transmitting  such  reports  are  necessary 
and  relate  entirely  to  the  transaction  of  the  public  business. 

SEC.  95.  Heads  of  Departments  are  authorized  to  ex-(lo^J^*t"ge  of 
change  surplus  documents  for  such  other  documents  and 
books  as  may  be  required  by  them,  when  the  same  can  be 
done  to  the  advantage  of  the  public  service. 

SEC.  90.  The  Postmaster-General  shall  contract  for  ^^J^"1^****" 
envelopes,  stamped  or  otherwise,  designed  for  sale  to  the  tract  for  aii  en- 
public,  or  for  use  by  his  own  or  other  Departments,  and  vel°Pes- 
may  contract  for  them  to  be  plain  or  with  such  printed 
matter  as  may  be  prescribed  by  the  Department  making 
requisition  therefor  :  Provided,  That  no  envelope  furnished 
by  the  Government  shall  contain  any  business  address 
advertisement. 

SEC.  97.  All  blanks  and  letter  heads  for  use  by  the  judges 
and  other  officials  of  the  United  States  courts  other  thanetc- 
such  as  are  required  to  be  paid  for  by  any  of  these  officers 
out  of  the  emoluments  of  their  offices  shall  be  printed  at 
the  Government  Printing  Office  upon  forms  prescribed  by 
the  Department  of  Justice,  and  shall  be  distributed  by  it 
upon  requisition. 

SEC.  98.  The  libraries  of  the  eight  Executive  Depart- 
ments,  of  the  United  States  Military  Academy,  and  United  l 
States  Naval  Academy  are  hereby  constituted  designated 
depositories  of  Government  publications,  and  the  superin- 
tendent of  documents  shall  supply  one  copy  of  said  publi- 
cations, in  the  same  form  as  supplied  to  other  depositories, 
to  each  of  said  libraries. 

That  the  Secretary  of  the  Treasury,  at  the  request  of  a  Dec.  21,1879. 
Senator.  Representative,  or  Delegate  in  Congress,  the  head    impressions 
of  a  Department,  or  Bureau,  art  association  or  library,  be  f™™  i 
and  he  is  hereby  authorized  to  furnish  impressions  from  reau  X 
any  portrait  or  vignette  which  is  now,  or  may  hereafter  be, 
a  part  of  the  engraved  stock  of  the  Bureau  of  Engraving  21,  p.  59. 
and  Printing,  at  such  rates  and  under  such  conditions  as 
he  may  deem  necessary  to  protect  the  public  interests. 


PUBLIC  OR  DEPARTMENT  RECORDS. 


Sec. 

21:5.  State  Department  records. 

88'J.  Copies  of  Department  records  and 
papers. 

883.  Transcripts  from  books  of  the  Treas- 
ury in  suits  against  delinquents. 

886.  Copies  of  records,  etc.,  in  office  of 

Solicitor  of  Treasury. 

887.  Transcripts  in  indictments  for  em- 

bezzlement. 


Sec. 

888.  Copies  of  returns  in  returns-office. 

896.  Copies  of  consular  records. 

908.  Little  &  Brown's  edition  of  statutes. 

1778.  Oaths,  acknowledgments. 
512-515.  lieturns  office. 

5403.  Destroying  public  records, 

5408.  Officer  in  charge  destroying  records. 


SEC.  213.  For  making  out  and  authenticating  copies  of       Title  5. 
records  in  the  Department  of  State,  a  fee  of  ten  cents  for    Fees  for  copies 
each  sheet  containing  one  hundred  Avords  shall  be  paid  by 
the  person  requesting  such  copies,  except  where  they  areo.v.i.p.e. 
requested  by  an  officer  of  the  United  States  in  a  matter 
relating  to  his  office. 


246   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Titiei3,chap.i7.     gEC  332.  Copies  of  any  books,  records,  papers,  or  doc- 
of  De-  uments  in  any  of  the  Executive  Departments,  authenticated 
under  tbe  seals  of  such  Departments,  respectively,  shall  be 
sept.  15, 1789, s.  admitted  in  evidence  equally  with  the  originals  thereof. 

5,  v.l,  p.  69;  Feb. 
22,  1849,  s.  3,  v.  9, 
p.  347;  May  31, 
1854,  s.  2,  v.  10, 
p.  297. 
See  note  1. 

Copies  of  rec-  SEC.  883.  Copies  of  any  documents,  records,  books,  or 
teSf  Solicitor  ef  papers  iii  the  office  of  the  Solicitor  of  the  Treasury,  certi- 
thFe^re22S1i849  s  ^e(*  ^v  him  under  the  seal  of  his  office,  or,  when  his  office 
2,  VA  p.  347.  ' 8>  is  vacant,  by  the  officer  acting  as  Solicitor  for  the  time, 

shall  be  evidence  equally  with  the  originals. 

Transcripts     SEC.  886.  When  suit  is  brought  in  any  case  of  delin- 
I'r'Jh^Treasury!  queiicy  of  s>  revenue  officer,  or  other  person  accountable 
in  suits  against  for  public  money,  a  transcript  from  the  books  and  proceed- 
w,  s.  ings  of  the  Treasury  Department,  certified  by  the  liegister 
s5i2i;anc*  authenticated  under  the  Seal  of  the  Department,  or, 
,  p.  367.  '      '  when  the  suit  involves  the  accounts  of  the  War  or  Navy 
ee  note  2.       Departments,  certified  by  the  Auditors  respectively  ch  arged 
with  the  examination  of  those  accounts,  and  authenticated 
under  the  seal  of  the  Treasury  Department,  shall  be  admit- 

Note  1. — The  heads  of  the  Departments  are  not  bound  to  produce  papers  or  dis- 
close information  communicated  to  them  -where,  in  their  judgment,  the  disclosures 
would,  on  public  considerations,  be  inexpedient.  (Op.,  XI,  137,  Speed.) 

In  general,  only  such  communications  as  are  made  in  the  course  of  their  official 
duties  by  the  persons  making  them  come  within  the  rule  of  privileged  commu- 
nications, and  are  confidential  under  all  circumstances.  Other  cases  may  occur 
(stated  in  this  opinion)  in  which  a  Department  would  be  justified  in  representing  to 
a  court  that  upon  public  considerations  it  declined  to  furnish  such  communications. 
(Op.,  XV,  415,  Devens,  Dec.  17, 1877.  See  also  XV,  378.) 

In  furnishing  copies  a  distinction  will  properly  be  made  between  documents  in 
the  nature  of  permanent  records,  such  as  general  or  special  orders,  muster  rolls, 
discharges  of  soldiers,  commissions  of  officers,  &c.,  and  the  reports  and  communi- 
cations of  officers  addressed  to  military  superiors  or  to  the  Secretary  of  War  in  the 
line  of  their  official  duty.  The  latter  are  generally  regarded  as  privileged  commu- 
nications which  even  the  courts,  on  grounds  of  public  policy,  will  in  general  hold 
to  be  incompetent  testimony,  and  of  which  they  will  refuse  to  require  the  produc- 
tion in  evidence.  (Winthrop's  Digest,  p.  350.) 

An  official  memorandum  indorsed  on  an  account  as  a  direction  to  his  subordinates 
by  the  head  of  a  Department  is  not  a  matter  of  record  of  which  the  public  or  persons 
dealing  with  the  Department  must  take  notice.  (C.  C.,  XIII,  72.) 

All  collections  of  natural  history  and  the  like,  and  all  field  notes  and  other  like 
local  information,  taken  or  obtained  by  any  public  officer,  civil  or  military,  in  tin-  Ifne 
of  his  duty,  belong  to  the  Government.  They  may  lawfully  make  collections  ami 
take  notes  for  their  own  use,  provided  the  same  be  done  without  neglect  of  public 
duty  or  expense  to  the  Government,  and  provided  also  that  it  be  done  without  viola- 
tion of  superior  order  in  their  respective  Departments.  (Op.,  VI,  599,  Gushing,  L'4 
June,  1854.) 

The  records  of  an  Executive  Department  need  not  be  produced  in  evidence  in  court, 
but  their  contents  may  be  shown  by  authenticated  copies.  (C.  C.,  II,  451.  .Nock's 
case.  ]Jut  see  Op.) 

A  party  can  not,  by  replevin,  take  papers  from  the  public  archives  on  the  allegat  ion 
of  their  being  private  property,  by  a  writ  against  the  head  of  a  Department  or  other 
public  officer.  The  archives  are  in  the  possession  of  the  United  States.  (Op.,  VI, 
8,  C'ushiug,  March  25, 1853.) 

Kecommendations  for  office  are  not  papers  or  documents  required  to  be  kept  by 
the  Departments  in  which  they  are  deposited — filed  for  tbp  convenience  of  applicant 
who  are  allowed  to  withdraw  them  wnenever  they  desire  to  do  so.  Such  applicants 
can  properly  be  permitted  to  see  objections  that  may  have  been  filed  against  them 
selves  (subject  to  the  limitation,  however,  that  the  permission  should  only  !><•  givei^ 
where  the  communication  is  not  in  iis  nature  privileged)  in  order  that  they  may.  if 
possible,  answer  or  remove  them.  The  files  of  the  Departments  ought  not  to  bosun 
mitted  to  a  search,  upon  the  application  of  a  newspaper,  with  a  view  to  ascertain 
what  persons  have  been  recommended  foroffice  by  a  certain  Senator  and  Jlepresenia- 
tive  in  Congress.  Copies  of  such  papers  should  not  be  furnished  unless  1  lie  appli- 
cant  appears  himself  to  have  been  directly  affected  by  the  writing  of  a  letter  of  whlcl 
he  demands  a  copy.  (Op.,  342,  Devens,  July  28, 1877.) 

•  Note  2.— The  account  of  a  delinquent  officer,  as  finally  adjusted  by  the  accounting 
officers,  is  not  admissible  as  evidence1  under  sec.  886,  K.  S.,  unless  it  be  certified  and 
authenticated  to  be  atranscript  from  the  books  and  proceedings  of  that  Department. 
A  certificate  that  t!io  transcript  annexed  is  a  copy  of  the  original  on  file  is  the  lortn 
used  in  reference  to  mere  copies  of  bonds,  contracts,  or  other  papers  connected  with 
the  final  adjustment.  (Otto,  102, 548.) 


PUBLIC  OR  DEPARTMENT  RECORDS.  247 

ted  as  evidence,  and  the  court  trying  the  cause  shall  be 
authorized  to  grant  judgment  and  award  execution  accord- 
ingly. And  all  copies  of  bonds,  contracts,  or  otker  papers 
relating  to,  or  connected  with,  the  settlement  of  any 
account  between  the  United  States  and  an  individual,  when 
certified  by  the  Register,  or  by  such  Auditor,  as  the  case 
may  be,  to  be  true  copies  of  the  originals  on  file,  and  authen- 
ticated under  the  seal  of  the  Department,  may  be  annexed 
to  such  transcripts,  and  shall  have  equal  validity,  and  be 
entitled  to  the  same  degree  of  credit  which  would  be  due 
to  the  original  papers  if  produced  and  authenticated  in 
court  :  Provided,  That  where  suit  is  brought  upon  a,  bond  or 
other  sealed  instrument,  and  the  defendant  pleads  "nou  est 
facturn,"  or  makes  his  motion  to  the  court,  verifying  such 
plea  or  motion  by  his  oath,  the  court  may  take  the  same 
into  consideration,  and,  if  it  appears  to  be  necessary  for  the 
attainment  of  justice,  may  require  the  production  of  the 
original  bond,  contract,  or  other  paper  specified  in  such 
affidavit. 

SEC.  887.  Upon  the  trial  of  any  indictment  against  any  .  Transepts  in 

„  if  i  T  •>       i      it  i_  f-n    •      "^indictments     lor 

person  for  embezzling  public  moneys,  it  shall  be  sufficient  embezzlement  of 
evidence,  for  the  purpose  of  showing  a  balance  against  such  pUAugTi846  *8 
person,  to  produce  a  transcript  from  the  books  and  pro-  ie,  v.  9,'  p.  <K*J 
ceedings  of  the  Treasury  Department,  as  provided  by  the  ^p2^97'  8'  lf 
preceding  section.  usee  sec.  5494,di8- 

bursmg  omcers. 


SEC.  888.  A  copy  of  any  return  of  a  contract  returned 
aud  filed  in  the  returns-office  of  the.Department  of  the  office. 
Interior,  as  provided  bylaw,  when  certified  by  the  clerk  of  4  ^""2,  p.1!?!.'  8* 
the  said  office  to  be  full  and  complete,  and  when  authenti-  'see  sec.  3744, 
cated  by  the  seal  of  the  Department,  shall  be  evidence  in 
any  prosecution  against  any  officer  for  falsely  and  corruptly 
swearing  to  the  affidavit  required  by  law  to  be  made  by 
such  officer  in  making  his  return  of  any  contract,  as  required 
by  law,  to  said  returns  office. 

SEC.  896.  Copies  of  all  official  documents  and  papers  in  or^p^c  °fnrof! 
the  office  of  any  consul,  vice-consul,  or  commercial  agent  office  'of  united 
the  United  States,  and  of  all  official  entries  in  the  books  or  f£tes  C0n8ul». 
records  of  any  such  office,  certified  under  the  hand  and  seal  Jan.  8,  ISGQ,  v. 
of  such  officer,  shall  be  admitted  in  evidence  in  the  courts  15'see268ec.  1707, 
of  the  United  States.  Diplomatic  ami 

Consu  1  a  r    Offi- 
cers, DivisionlV. 

SEC.  908.  The  edition  of  the  laws  and  treaties  of  the    Little      & 
United  States,  published  by  Little  &  Brown,  shall  be  com-  S°t£" 
petent  evidence  of  the  several  public  and  private  acts  of  t0 
Congress,  and  of  the  several  treaties  therein  contained,  in  2,  v.  gp.  76. 
all  the  courts  of  law  and  equity  and  of  maritime  jurisdic- 
tion, and  in  all  the  tribunals  and  public  offices  of  the  United 
States,  and  of  the  several  States,  without  any  further  proof 
or  authentication  thereof. 

SEC.  1778.  In  all  cases  in  which,  under  the  laws  of  the      Title  19. 
United  States,  oaths  or  acknowledgments  may  now  be  taken    Taking  oaths, 
or  made  before  any  justice  of  the  peace  of  any  State  ormentB°etcleag~ 
Territory,  or  in  the  District  of  Columbia,  they  may  here-  " 
after  be  also  taken  or  made  by  before  any  notary  public  duly  Jg^Ti. 
appointed  in  any  State,  district,  or  Territory,  or  any  of  thesis.' 


248   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

commissioners  of  the  circuit  courts,  and  when  certified 
under  the  hand  and  official  seal  of  such  notary  or  commis- 
sioner, shall  have  the  same  force  and  effect  as  if  taken  or 
made  by  or  before  such  justice  of  the  peace. 

Title  11, chap.  8.     SEC.  512.  The  Secretary  of  the  Interior  shall  from  time 

Returns  office,  to  time  provide  a  proper  apartment,  to  be  called  the  Keturns 

4  vT6  24i2862' 8'  Office> iu  which  he  shall  cause  to  be  filed  the  returns  of  con- 

'  see  s'ecs.  3744- tracts  mad e  by  the  Secretary  of  War,  the  Secretary  of  the 

3747,  contracts.   ]^"avy?  all(j  the  Secretary  of  the  Interior,  and  shall  appoint 

a  clerk  of  the  first  class  to  attend  to  the  same. 

cierk  to  me  re-     SEC.  513.  The  clerk  of  the  Keturns  Office  shall  file  all 

tuidlm.  returns  made  to  the  office,  so  that  the  same  may  be  of 

easy  access,  keeping  all  returns  made  by  the  same  officer 

in  the  same  place,  and  numbering  them  in  the  order  in 

which  they  are  made. 

indexes.  SEC.  514.  The  clerk  of  the  Keturns  Office  shall  provide 

and  keep  an  index-book,  with  the  names  of  the  contract- 
ing parties,  and  the  number  of  each  contract  opposite  to 
the  names;  and  shall  submit  the  index-book  and  returns 
to  any  person  desiring  to  inspect  it. 

Copies  of  re-     SEC.  515.  The  clerk  of  the  Keturns  Office  shall  furnish 
tufdeni  copies  of  such  returns  to  any  person  paying  therefor  at 

the  rate  of  five  cents  for  every  one  hundred  words,  to 
which  copies  certificates  shall  be  appended  in  every  case 
by  the  clerk  making  the  same,  attesting  their  correctness, 
and  that  each  copy  so  certified  is  a  full  and  complete  copy 
of  the  return. 

Title  70,  chap.  4.     SEC.  5403.  Every  person  who  willfully  destroys  or  at- 
Destroying,  tempts  to  destroy,  or,  with  intent  to  steal  or  destroy,  takes 
ords  publi°  rec  an(^  carries  away  any  record,  paper,  or  proceeding  of  a 
°rFeb.26,i853,  e.  court  of  justice,  filed  or  deposited  with  any  clerk  or  officer 
4'see08epc.57408.    of  sucn  court,  or  any  paper,  or  document,  or  record  filed 
or  deposited  in  any  public  office,  or  with  any  judicial  or 
public  officer,  shall,  without  reference  to  the  value  of  the 
record,  paper,  document,  or  proceeding  so  taken,  pay  a 
fine  of  not  more  than  two  thousand  dollars,  or  suffer  im- 
prisonment, at  hard  labor,  not  more  than  three  years,  or 
both. 

Destroying  SEC.  5408.  Every  officer  having  the  custody  of  any  rec- 
incc°hargbeyofficerord,  document,  paper,  or  proceeding  specified  in  section 
idem,  s.' 5.  fifty-four  hundred  and  three,  who  fraudulently  takes  away, 
or  withdraws,  or  destroys  any  such  record,  document, 
paper,  or  proceeding  filed  in  his  office  or  deposited  with 
him  or  in  his  custody,  shall  pay  a  fine  of  not  more  than 
two  thousand  dollars,  or  suffer  imprisonment  at  hard  labor 
not  more  than  three  years,  or  both;  and  shall,  moreover, 
forfeit  his  office  and  be  forever  afterward  disqualified  from 
holding  any  office  under  the  Government  of  the  United 
States. 


PUBLIC    PROPERTY,  BUILDINGS    AND    GROUNDS. 


249 


PUBLIC  PROPERTY,  BUILDINGS  AND  GROUNDS. 
PURCHASE   AND   DISPOSITION. 


Sec. 
355.  Title  to  be  examined. 

1838.  Assent  of  legislature. 
3733.  Contract  not  to  exceed  appropria- 
tion. 


Sec. 

3734.  Restriction  on  commencing  build- 
ings. 

3736.  No  purchase  without  appropriation. 
5503.  Contracting  beyond  appropriations. 


Title  8. 


"SEC.  355.  No  public  money  shall  be  expended  upon  any  _ 
site  or  land  purchased  by  the  United  States  for  the  pur-    Title  to  land  to 
poses  of  erecting  thereon  any  armory,  arsenal,  fort,  for  tin 
cation,  navy-yard,  custom-house,  light-house,  or  other  public  states, 
building,  of  any  kind  whatever,  until  the  written  opinion 
of  the  Attorney-General  shall  be  had  in  favor  of  the  valid- 
ity of  the  title,  nor  until  the  consent  of  the  legislature  of 
the  State  in  which  the  land  or  site  may  be,  to  such  pur- 
chase, has  been  given.    The  district  attorneys  of  the  United 
States,  upon  the  application  of  the  Attorney-General,  shall 
furnish  any  assistance  or  information  in  their  power  in 
relation  to  the  titles  of  the  public  property  lying  within 
their  respective  districts.     And  the  Secretaries  of  the  De- 
partments, upon  the  application  of  the  Attorney-General, 
shall  procure  any  additional  evidence  of  title  which  he  may 
deem  necessary,  and  which  may  not  be  in  the  possession 
of  the  officers  of  the  Government,  and  the  expense  of  pro- 
curing it  shall  be  paid  out  of  the  appropriations  made  for 
the  contingencies  of  the  Departments  respectively. 

SEC.  1838.  The  President  of  the  United  States  is  author- 
ized to  procure  the  assent  of  the  legislature  of  any  State, 
within  which  any  purchase  of  land  has  been  made  for 


Title  22. 


Assent  of 


erection  of  forts,   magazines,   arsenals,   dock-yards,   and  forts,  etc. 
other  needful  buildings,  without  such  consent  having 
obtained. 

SEC.  3733.  No  contract  shall  be  entered  into  for  the       Title  48. 
erection,  repair,  or  furnishing,  of  any  public  building,  or    NO  contract  to 
for  any  public  improvement  which  shall  bind  the  Govern-  H™^  appropr1' 
ment  to  pay  a  larger  sum  of  money  than  the  amount  in  the    J«i.v  25,  iseg,  s. 
Treasury  appropriated  for  the  specific  purpose.  '  See  sS.  5563. 

SEC.  3734.  Before  any  new  buildings  for  the  use  of  the    Restrictions  on 
United  States  are  commenced,  the  plans  and  full  estimates  ofn^buuSngs! 
therefor  shall  be  prepared  and  approved  by  the  Secretary  ^uiyis.mo.v. 
of  the  Treasury,  the  Postmaster-General,  and  the  Secre-  16se02Bec.  sees, 
tary  of  the  Interior;  and  the  cost  of  each  building  shall 
not  exceed  the  amount  of  such  estimate. 


SEC.  3736.  No  land  shall  be  purchased  on  account  of 
the  United  States,  except  under  a  law  authorizing  such 
purchase.  7  % 

'  See'note  1. 

That  in  every  case  in  which  the  Secretary  of  the  Treasury   Aug.  i,  isss. 
or  any  other  officer  of  the  Government  has  been,  or  here- 
after  shall  be,  authorized  to  procure  real  estate  for  the  erec- 
tion  of  a  public  building  or  for  other  public  uses  he  shall  be, 
and  hereby  is,  authorized  to  acquire  the  same  for  the  United 


25  stat.  L.,  357. 
P< 


<?f 


Note  1.  —  No  public  officer,  without  express  authority  of  Congress,  has  aright  to     C.  C.,  v.  18,  p. 
ntract  for  the  alienation  of  any  property  of  the  Government  for  any  purpose.          352.  Flore'scase. 


250   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

see  note  2.  States  by  condemnation,  under  judicial  process,  whenever 
in  his  opinion  it  is  necessary  or  advantageous  to  the  Gov- 
ernment to  do  so. 

jurisdiction  of  And  the  United  States  circuit  or  district  courts  of  the 
courts?  es  district  wherein  such  real  estate  is  located,  shall  have  juris- 
diction of  proceedings  for  such  condemnation,  and  it  shall 
be  the  duty  of  the  Attorney-General  of  the  United  States, 
upon  every  application  of  the  Secretary  of  the  Treasury, 
under  this  act,  or  such  other  officer,  to  cause  proceedings 
to  be  commenced  for  condemnation,  within  thirty  days  from 
the  receipt  of  the  application  at  the  Department  of  Justice. 
Practice  and  SEC.  2.  The  practice,  pleadings,  forms  and  modes  of  pro- 
ceeding in  causes  arising  under  the  provisions  of  this  act 
shall  conform,  as  near  as  maybe,  to  the  practice,  pleadings, 
forms  and  proceedings  existing  at  the  time  in  like  causes 
in  the  courts  of  record  of  the  State  within  which  such  cir- 
cuit or  district  courts  are  held,  any  rule  of  the  court  to  the 
contrary  notwithstanding. 

Title  70,  chap,  e      SEC.  5503.  Every  officer  of  the  Government  who  know- 
contracting  ingly  contracts  for  the  erection,  repair,  or  furnishing  of  any 
ippropriatira  £?  Puolic  building,  or  for  any  public  improvement,  to  pay  a 
building.  larger  amount  than  the  specific  sum  appropriated  for  such 

5,vUi?,p5li7768'8'PurPose?  shall  be  punished  by  imprisonment  not  less  than 
'see note 3.       six  months  nor  more  than  two  years,  and  shall  pay  a  fine 
of  two  thousand  dollars. 

Note  2. — In  addition  to  this  act  the  following  others  appear  to  be  in  force  author- 
izing or  regulating  the  taking  of  private  property  for  public  use: 

Revised  Statutes,  £§  4870-4872,  authorizing  the  Secretary  of  War  to  purchase  laud 
for  national  cemeteries,  or  obtain  the  same  by  appraisement  and  payment,  after  appli- 
cation to  the  proper  circuit  or  district  court. 

1875,  March  3,  ch.  130,  par.  2,  ante,  p.  72,  authorizing  the  Secretary  of  the  Treasury  to 
acquire,  by  donation  or  purchase,  the  right  to  occupy  sites  for  life-saving  stations,  £c. 

1883,  March  3,  ch.  143,  par.  1.  ante,  p.  420,  authorizing  the  Secretary  ot  the  Treasury 
to  acquire  land  for  public  buildings  and  light-houses  T>y  private  purchase  or  condem- 
nation, and  to  defray  the  expenses  incident  to  the  procuring  of  sites  from  the  appro- 
priations for  the  construction  of  the  buildings.  (See  18  Opins.,  174,  484.) 

1888,  April  24,  ch.  194,  ante,  p.  584,  authorizing  the  Secretary  of  War  to  eanse 
proceedings  lobe  instituted  for  the  condemnation  of  any  land,  right  of  way,  or  mate- 
rial required  for  the  improvement  of  rivers  and  harbors,  or  in  his  discretion  to  pur- 
chase the  same  or  accept  donations  of  lands  or  materials. 

1889,  March  2,  ch.  370,  par.  4,  post,  p.  677,  prohibiting  the  Commissioners  of  (lie 
District  of  Columbia  from  employing  agents  in  making  purchases  of  school  sites,  &.c., 
in  certain  cases. 

1890,  August  6,  ch.  724,  par.  4,  post,  p.  777,  extending  to  the  Commissioners  of  the 
District  of  Columbia  the  powers  conferred  on  the  officers  of  the  United  States  by 
the  act  in  the  text,  and  regulating  the  preparation  of  plans,  &c.,  for  the  buildings. 

1890,  August  18,  ch.  797,  post,  p.  780,  authorizing  the  Secretary  of  War  to  cause 
proceedings  to  be  instituted  for  the  condemnation  of  any  land  or  right  pertaining 
thereto,  for  fortifications  and  coast  defenses,  or  to  purchase  the  same  or  accept  dona- 
tions of  such  lauds  or  rights.  (See  45  Fed.  Rep.,  546.) 

1890,  August  30,  ch.  837,  §§  2,  3,  post,  p.  793,  which,  after  providing  for  the  acquisi- 
tion of  land  by-purchase  or  condemnation  for  the  purposes  of  the  Government 
Printing  Office,  direct's  that  hereafter  tne  same  provisions  shall  apply  to  all  cases  of 
the  taking  of  property  in  the  District  of  Columbia  for  public  use. 

Previous  to  the  passage«of  the  lact-named  act  the  proceedings  in  the  District  in 
taking  private  property  for  .public  use  had  not  been  uniform.  In  increasing  the 
water  supply,  for  instance,  three  appraisers  were  to  be  appointed,  but  the  owner,  i!' 
dissatisfied  with  their  valuation,  might  apply  to  the  Court  of  Claims,  (22  Stat.  L., 
168,  169) ;  while  on  the  other  hand  the  proceedings  in  the  acquisition  of  land  for  tlio 
Library  of  Congress  were  to  be  conducted  (24  Stat.  L.,  12,  13,)  "in  the  manner  pro- 
vided with  reference  to  the  taking  of  land  for  highways  in  the  District  of  Columbia,*1 
the  provisions  as  to  which  are  contained  in  R.  S.  of  D.  C.,  §§  252-265. 

On  the  construction  of  the  act  in  the  text,  see  45  Fed.  Rep.,  396, 19  Opins.,  673.  As 
to  how  far  these  acts  are  only  declaratory  of  powers  already  possessed  oy  the  officers 
named,  see  91  U.  S.  367;  16  Opins.,  329;'l7  Opins.,  509;  18  Opins.,  352.  As  to  dam- 
ages recoverable  in  s'uch  cases,  see  25  C.  Cls.,  87.  277, 329. 

Note  5.— The  Government  can  purchase  land  in  a  State  without  the  consent  of  the 
legislature,  but  can  not  without  that  consent  exercise  exclusive  jurisdiction.  The 
joint  resolutions  of  September  11, 1341  (Stat.  L.,  v.  5,  p.  468),  do  not  forbid  the  payment 
of  the  purchase  money  of  any  site  for  the  purpose  of  erecting  buildings  before  the 
consent  of  the  legislature  is  obtained,  but  prohibit  the  expenditure  of  public  money 
upon  Improvements  before  such  consent.  If  the  legislative  act  of  the  State  amounts 


USE  AND  CARE  OF  PUBLIC  PROPERTY. 


251 


USE  AND  CARE  OF  PUBLIC  PROPERTY. 


Sec. 

197.  Inventory  to  be  kept. 
1I.-J4.   \yillfully  stranding  vessels. 

-  Unlawful   destruction    of    public 

property. 
Negligent  strandirg  of  vessels. 

-  Waste  of  public  property. 

-  Stealing  or  wrongfully  selling. 
Act   March    3,    1ST:,.    Embezzling,    etc., 

from  Tinted  States. 
3748.  Selling  uniforms  and  equipments. 

5385.  Arson  of  dwelling  houses. 

5386.  Arson  of  armories,  etc. 

5387.  Arson  of  vessels  of  war. 


Sec. 

5438.  Canceling,  selling,  and  pledging 
public  property. 

543!i.  Embezzling  arms,  stores,  etc. 

5456.  llobbery  and  larceny  of  personal 
property  of  the  United  States. 

Act  Mar.  3,  1883. 

Use  of  water  in  public  buildings 

1).  C. 

Act  Mar.  3,  1875.  Payments,  etc.,  for 
public  buildings. 

Act  June  29, 1888.  Injurious  deposits  for- 
bidden in  New  York  harbor. 


SEC.  197.  The  Secretary  of  State,  the  Secretary  of  the       Title  *. 
Treasury,  the  Secretary  of  the  Interior,  the  Secretary  of   inventories  of 
AYur,  the  Secretary  of  the  Navy,  the  Postmaster-General,  prj^rtf5'  1370  8 
the  Attorney-General,  and  Commissioner  of  Agriculturei^e,?.^. 
shall  keep,  in  proper  books,  a  complete  inventory  of  all 
the  property  belonging  to  the  United  States  in  the  build- 
to  a  consent,  any  exceptions,  reservations,  or  qualifications  contained  in  the  act  are 
void.     (Op.,  X,  35,  May  6,  1861,  Bates.   See  also  Op.,  XV,  212.  Devens,  Mar.  27, 1877.) 

A  purchase  of  land  by  the  Executive  without  the  authority  of  law  is  an  illegal  act. 
(Op.,  XI,  201,  Speed,  Apr.  20, 1865.) 

Where  a  contract  is  made  for  the  purchase  of  property  for  Government  purposes, 
and  the  head  of  a  Department  refuses  to  take  it,  the  Attorney-General  declaring 
the  title  defective,  the  contract  is  at  an  end.  A  succeeding  Secretary  can  not 
reconsider  exceptupon  new  evidence,  etc.  (Op.,  IX,  100,  Black,  Sept.  26, 1857.) 

Compensation  to  district  attorneys  for  examining  titles  proper.  The  amount  may 
be  agreed  on  in  advance  or  fixed  after  the  work  is  completed.  (Op.,  XI,  433,  Speed, 
May  8, 1876.  See  also  Op.,  XIII,  15.) 

The  discretion  given  in  an  act  to  acquire  by  purchase  or  condemnation  a  lot  of 
land  for  a  public  building  does  not  extend  to  "acquisition"  of  adjoining  land. 
Authority  to  purchase  in  the  act  does  not  include  authority  to  acquire  by  condem- 
nation. In  statutes,  generally,  the  word  purchase  is  employed  in  a  sense  not  techni- 
cal, only  as  acquisition  by  agreement  with  and  conveyance  from  the  owners  without 
governmental  interference.  (Op.,  XVI,  226,  Deveris,  May  14, 1879.)  But  this  opinion 
was  rendered  before  the  passage  of  the  act  of  Aug.  1, 1888,  ante;  under  which  author 
ity  to  purchase  real  estate  for  the  Government  carries  with  it  authority  to  condemn. 

The  United  States  can  not  accept  a  cession  of  jurisdiction  from  a  State  coupled 
with  a  condition  that  crimes  committed  within  the  limits  of  the  jurisdiction  ceded 
shall  continue  to  be  punished  by  the  courts  of  the  State.  (Op.,  VIII,  419,  Gushing.) 

See  Op.,  IX,  528,  and  the  Regulations  of  the  Department  of  Justice,  published  in 
General  Orders,  War  Department,  May  13, 1881,  concerning  examination  and  evidence 
of  titles  of  lands  to  be  conveyed  to  the  United  States. 

The  act  of  a  legislature  of  a  State  giving  consent  to  the  purchase  of  site  for  naval 


p.  263.) 

The  term  purchase  embraces  any  mode  of  acquiring  property  other  than  by  descent. 
The  Secretary  of  War  can  not  accept  a  aift  of  land  or  interest  in  land,  for  any  use 
or  purpose,  independently  of  statiite  authority.  Public  money  can  not  be  expended 
for  the  erection  of  a  public  building  upon  land  donated  to  the  United  States,  until 
the  Attorney-General  has  passed  the  title  and  the  legislature  of  the  State  granted 
jurisdiction.  (Winthrop's  Digest,  406.  See  also  this  Digest  for  other  important 
decisions  and  rulings  on  the  subject  of  public  lands  and  property;  and  against  the 
power  of  the  heads  of  the  executive  departments  to  lease,  give  away,  or  dispose  in 
any  manner  of  such  land  or  property  without  authority  of  Congress.  See  also  Op.,  IV, 

\Vhere  land  is  donated  to  the  United  States  for  a  site  for  a  public  building,  for 
which  an  appropriation  was  made  by  Congress :  Held,  That  the  consent  of  the  legis- 
lature; of  the  State  to  the  grant  is  required  before  any  part  of  the  appropriation  can 
be  lawfully  expended  in  the  erection  of  the  building.  (Ot>.,  XVI,  414,  Devens,  Jan.  7, 
1880.) 

Lands  purchased  and  reserved  by  the  United  States  for  light-house,  barracks, 
navy-yards,  and  other  like  purposes  are  not  included  in  the  designation  of  "public 
lauds."  Lands  so  purchased  or  reserved  are  in  law  and  in  fact  severed  from  the  pub- 
lic domain'  and  no  subsequent  law  or  warrant  authorizing  the  appropriation  of 
"public  lands  "  would  be  construed  to  embrace  land  so  purchased  or  reserved.  (Op., 
V,  578,  Aug.  1, 1852,  Crittenden.) 

An  act  appropriating  for  a  movable  dam  impliedly  authorizes  the  purchase  with 
the  approval  of  the  Secretary  of  War,  of  such  land  as  is  necessary  for  the  construc- 
tion of  the  dam.  Payment  of  the  purchase  money  may  be  made  though  the  legisla- 
ture of  the  State  has  not  consented  to  the  purchase.  Expenditures  for  structures 
or  improvements  can  not  be  made  upon  land  already  purchased  until  the  consent  of 
the  State  is  obtained.  (Op.,  XV,  p.  212,  Devens,  Mar'.  27, 1877.) 


252   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

iugs,  rooms,  offices,  and  grounds  occupied  by  them,  respec- 
tively, and  under  their  charge,  adding  thereto,  from  time 
to  time,  an  account  of  such  property  as  may  be  procured 
subsequently  to  the  taking  of  such  inventory,  as  well  as 
an  account  of  the  sale  or  other  disposition  of  any  of  such 
property. 

Titiei5,^hap.ifl.  gEC.  1624.  ART.  4.  The  punishment  of  death,  or  such 
pun-  other  punisliinent  as  a  court-martial  may  adjudge,  may  be 
death.  infljcted  on  any  person  in  the  naval  service  — 

******* 
wnifui  strand      Tenth.  Or  intentionally  or  willfully  suffers   any  vessel 
vefseL  lojury  °f  of  the  Navy  to  be  stranded,  or  run  upon  rocks  or  shoals,, 
or  improperly  hazarded;  or  maliciously  or  willfully  injures 
any  vessel  of  the  Navy,  or  any  part  of  her  tackle,  arma- 
ment, or  equipment,  whereby  the  safety  of  the  vessel  is. 
hazarded  or  the  lives  of  the  crew  exposed  to  danger; 
Uict!onof  ub      Eleventh.  Or  unlawfully  sets  011  fire,  or  otherwise  unlaw- 
ifc  property?"  "  fully  destroys,  any  public  property  not  at  the  time  in  pos- 
arf  i7'v233  ^J?'  sessi°n  °^  au  enemy,  pirate,  or  rebel; 

^o'tteuses'  pun-     ART.  8.  Such  punishment  as  a  court-martial  may  adjudge) 
tJonofcourt-mar-  may  be  inflicted  on  any  person  in  the  Navy  — 

tial.  ******* 

8trandfnigent  Eleventh.  Or  through  inattention  or  negligence,  suffers 
any  vessel  of  the  Navy  to  be  stranded,  or  run  upon  a  rock 
or  shoal,  or  hazarded; 


y  *etc      Fifteenth.  Or  wastes  any  ammunition,  provisions,  or  other 
Apr.  23,  im\  public  property,  or,  having  power  to  prevent  it,  knowingly 

art.  13,  v.  2,  p.  47.  permits.  s^fr  waste  ; 

.  Crimes  of  fraud.  ART.  14.  Fine  an  d  imprisonment,  or  such  other  punish- 
ment as  a  court-martial  may  adjudge,  shall  be  inflicted  upon 
any  person  in  the  naval  service  of  the  United  States  — 


"  Who  steals,  embezzles,  knowingly  and  willfully  misappro- 
priates, applies  to  his  own  use  or  benefit,  or  wrongfully  and 
knowingly  sells  or  disposes  of  any  ordnance,  arms,  equip- 
ments, ammunition,  clothing,  subsistence  stores,  money  or 
other  property  of  the  United  States,  furnished  or  intended 
for  the  military  or  naval  service  thereof;  or 

mtar118  ??oH)C     Who  knowingly  purchases,  or  receives  in  pledge  for  any 
fr.  p  obligation  or  indebtedness,  from  any  other  person  who  is  a 

v*i2  2l5653'8'  I)art  °f  or  Employed  in  said  service,  any  ordnance,  arms, 
equipments,  ammunition,  clothing,  subsistence  stores,  or 
other  property  of  the  United  States,  such  other  person  not  , 
having  lawful  right  to  sell  or  pledge  the  same; 

M«r.  8,  1876.       That  any  person  who  shall  embezzle,  steal,  or  purloin 
Embezzling,  any  money,  property,  record,  voucher,  or  valuable  thing 
/lifted  whatever,  of  the  moneys,  goods,  chattels,  records,  or  prop- 


states  deemed  erty  of  the  United  States,  shall  be  deemed  guilty  of  felony, 
eiony  ;  penalty.  am|  Qn  convictjOn  thereof  before  the  district  or  circuit  court 
of  the  United  States  in  the  district  wherein  said  offense 
may  have  been  committed,  or  into  which  he  shall  carry  or 
have  in  possession  of  said  property  so  embezzled,  stolen,  or 
purloined,  shall  be  punished  therefor  by  imprisonment  at 
hard  labor  in  the  penitentiary  not  exceeding  five 


USE  AND  CARE  OF  PUBLIC  PROPERTY.          253 

or  by  a  line  not  exceeding  five  thousand  dollars,  or  both, 
at  the  discretion  of  the  court  before  which  he  shall  be 
convicted. 

SEC  2.  That  if  any  person  shall  receive,  conceal,  or  aid    Knowingly  re- 
in concealing,  or  have,  or  retain  in  his  possession  with  iUg7Ste.,CHtoSn- 
inteut  to  convert  to  his  own  use  or  gain,  any  money,  prop-  **•  P^^jf 
erty,  record,  voucher,  or  valuable  thing  whatever,  of  the  states;  penalty, 
moneys,  goods,  chattels,  records,  or  property  of  the  United 
States,  which  has  theretofore  been  embezzled,  stolen,  or 
purloined  from  the  United  States  by  any  other  person, 
knowing  the  same  to  have  been  so  embezzled,  stolen,  or  pur- 
loined, such  person  shall,  on  conviction  before  the  circuit 
or  district  court  of  the  United  States  in  the  district  wherein 
he  may  have  such  property,  be  punished  by  a  fine  not 
exceeding  five  thousand  dollars,  or  imprisonment  at  hard 
labor  in  the  penitentiary  not  exceeding  five  years,  one  or 
both,  at  the  discretion  of  the  court  before  which  he  shall 
be  convicted;  and  such  receiver  maybe  tried  either  before    May  be  tried 
or  after  the  conviction  of  the  principal  felon,  but  if  thaJj^tJiioafof 
party  has  been  convicted,  then  the  judgment  against  him  principal, 
shall  be  conclusive  evidence  in  the  prosecution  a  gainst  igfj?!?!.' 1875' v" 
such  receiver  that  the  property  of  the  United  States  therein 
described  has  been  embezzled,  stolen,  or  purloined. 

SEC.  3748.  The  clothes,  arms,  military  outfits,  and  accou-       Title  44. 
terments  furnished  by  the  United  States  to  any  soldier    uniforma  and 
shall  not  be  sold,  bartered,  exchanged,  pledged,  loaned,  or  e<^p™«n^3  8 
giveu  away;  and  no  person  not  a  soldier,  or  duly  author-23,v.i2,p.735!8' 
ized  officer  of  the  United  States,  who  has  possession  of  any 
such  clothes,  arms,  military  outfits  or  accouterments,  so 
furnished,  and  which  have  been  the  subjects  of  any  such  sale, 
barter,  exchange,  pledge,  loan,  or  gift,  shall  have  any  right, 
title,  or  interest  therein;  but  the  same  may  be  seized  and 
taken  wherever  found  by  any  officer  of  the  United  States, 
civil  or  military,  and  shall  thereupon  be  delivered  to  any 
quartermaster,  or  other  officer  authorized  to  receive  the 
same.    The  possession  of  any  such  clothes,  arms,  military 
outfits,  or  accouterments  by  any  person  not  a  'soldier  or 
officer  of  the  United  States  shall  be  presumptive  evidence 
of  such  a  sale,  barter,  exchange,  pledge,  loan,  or  gift. 

SEC.  5385.  Every  person  who,  within  any  fort,  dock-yard,  Titieio,  chap. 8. 
navy-yard,  arsenal,  armory,  or  magazine,  the  site  whereof  Arson  of  dweii- 
is  under  the  jurisdiction  of  the  United  States,  or  on  $*e  jf jjJ?JJ£lrttMli 
site  of  any  light-house,  or  other  needful  building  belonging  a  Mar:e3?i825, 8. 
to  the  United  States,  the  site  whereof  is  under  their  juris- 
diction,  willfully  and  maliciously  burns  any  dwelling-house, 
or  mansion-house,  or  any  store,  barn,  stable,  or  other  build- 
ing, parcel  of  any  dwelling  or  mansion-house,  shall  suffer 
death. 

SEC.  5386.  Every  person  who,  in  any  of  the  places  men-r 
tioned  in  the  preceding  section,  maliciously  sets  fire  to,  or  ryib[cu.a2.' e 
burns,  any  arsenal,  armory,  magazine,  rope-walk,  ship- 
house,  warehouse,  block-house,  or  barrack,  or  any  store- 
house, barn,  or  stable,  not  parcel  of  a  dwelling-house,  or 
any  other  building  not  mentioned  in  such  section,  or  any 
vessel  built,  or  begun  to  be  built,  or  repairing,  or  any  light- 


254   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

house,  or  beacon,  or  any  timber,  cables,  rigging,  or  other 
materials  for  building,  repairing,  or  fitting  out  vessels,  or 
any  pile  of  wood,  boards,  or  other  lumber,  or  any  military, 
naval,  or  victualing  stores,  arms,  or  other  munitions  of  war, 
shall  be  punished  by  a  fine  of  not  more  than  five  thousand 
dollars,  and  by  imprisonment  at  hard  labor  not  more  than 
ten  years. 

Arson  of  vessel  SEC.  5387.  Every  person  who  maliciously  sets  on  fire,  or 
°ibi!Ts.ii,p.  117.  burns,  or  otherwise  destroys,  any  vessel  of  war  of  the  United 
States,  afloat  on  the  high  seas,  or  in  any  arm  of  the  sea,  or 
in  any  river,  haven,  creek,  basin,  or  bay  Avithin  the  admiralty 
jurisdiction  of  the  United  States,  and  out  of  the  jurisdiction 
of  any  particular  State,  shall  suffer  death. 

Title  70,  chap.  6.      gEC>  543$.  Every  person     *     *     *     who,  having  charge, 
concealing,  possession,  custody,  or  control  of  any  money  or  other  public 
piedgingg>pui5ic  property  used,  or  to  be  used,  in  the  military  or  naval  service, 
prffar?i863  ss  WUO7  with  intent  to  defraud  the  United  States  or  willfully  to 
1-3,  vfik  pp.  696-  conceal  such  money  or  other  property,  delivers  or  causes 
69I'ee  sees  3490  to  ^e  delivered,  to  any  other  person  having  authority  to 
3491,  under  receive  the  same,  any  amount  of  such  money  or  other  prop- 
claims.  ertv  |esg  ^nan  £uat  for  wnich  he  received  a  certificate  or 
took  a  receipt,  and  every  person  authorized  to  make  or  de- 
liver any  certificate,  voucher,  receipt  or  other  paper  certi- 
fying the  receipt  of  arms,  ammunition,  provisions,  cloth- 
ing, or  other  property  so  used  or  to  be  used,  who  makes 
or  delivers  the  same  to  any  other  person  without  a  full 
knowledge  of  the  truth  of  the  facts  stated  therein,  and 
with  intent  to  defraud  the  United  States,  and  every  person 
who  knowingly  purchases  or  receives  in  pledge  for  any  ob- 
ligation or  indebtedness  from  any  soldier,  officer,  sailor,  or 
other  person  called  into  or  employed  in  the  military  or 
naval  service  any  arms,  equipments,  ammunition,  clothes, 
military  stores,  or  other  public  property,  such  soldier,  sailor, 
officer,  or  other  person  not  having  the  lawful  right  to  pledge 
or  sell  the  same,  every  person  so  offending  in  any  of  the  mat- 
ters set  forth  in  this  section  shall  be  imprisoned  at  hard 
labor  for  not  less  than  one  nor  more  than  five  years,  or  fined 
not  less  than  one  thousand  nor  more  than  five  thousand 
dollars. 

Embezzling  SEC.  5439.  Every  person  who  steals  or  embezzles,  or 
arrMd8t°res' etc'  knowingly  applies  to  his  own  use,  or  who  unlawfuly  sells, 
conveys,  or  disposes  of,  any  ordnance,  arms,  ammunition, 
clothing,  subsistence,  stores,  money,  or  other  property  of  the 
United  States,  furnished  or  to  be  used  for  the  military  or 
naval  service,  shall  be  punished  as  prescribed  in  the  pre- 
ceding section. 

Robbery  or  iar-     SEC.  5456.  Every  person  who  robs  another  of  any  kind  or 
™opert/o7The  description  of  personal  property  belonging  to  the  United 
Sia?  2186?'  v  States,  or  feloniously  takes  and  carries  away  the  same,  shall 
i4,p?557.'        v  be  punished  by  a  fine  of  not  more  than  five  thousand  dol- 
lars, or  by  imprisonment  at  hard  labor  not  less  than  one 
nor  more  than  ten  years,  or  by  both  such  fine  and  impris- 
onment. 


USE  AND  CARE  OF  PUBLIC  PROPERTY.          255 

All  officers  iii  charge  of  public  buildings  in  the  District    Mar-  8* 1888- 
of  Columbia  shall  cause  the  flow  of  water  in  the  buildings    Flow  of  water 
under  their  charge  to  be  shut  off  from  five  o'clock  postfgundVy 
meridian  to  eight  o'clock  ante  meridian:  Provided,  That  act.] 
the  water  in  said  public  buildings  is  not  necessarily  in  use 
for  public  business. 

And  hereafter  no  money  shall  be  paid  nor  contracts  made   Mar.  8, 1876. 
for  payment  for  any  site  for  a  public  building  in  excess   ch.  130,  v.  is,  p. 
of  the  amount  specifically  appropriated  therefor;  and  no 39payment8 )COn- 
moucy  shall  be  expended  upon  any  public  building  on  tracts   etc.,'  tor 
which  work  has  not  yet  been  actually  begun  until  after  ' 
drawings  and  specifications  together  with  detailed  esti- 
mates of  the  cost  thereof,  shall  have  been  made  by  the 
Supervising  Architect  of  the  Treasury  Department,  and 
said  plans  and  estimates  shall  have  been  approved  by 
the  Secretary  of  the  Treasury,  Secretary  of  the  Interior, 
and  the  Postmaster-General ;  and  all  appropriations  made 
for  the  construction  of  such  building  shall  be  expended 
within   the  limitations  of  the  act  authorizing  the  same 
or  limiting  the  cost  thereof ;  and  no  change  of  said  plan 
involving  an  increase  of  expense  exceeding  ten  per  centum 
of  the  amount  to  which  said  building  was  limited  shall  be 
allowed  or  paid  by  any  officer  of  the  Government  without 
the  special  authority  of  Congress. 

Note  1.— The  Secretary  of  the  Navy  has  no  authority  to  grant  permission  to  a  city 
to  extend  a  sewer  through  the  public  grounds  so  as  to  confer  any  legal  title  or  right 
upon  the  city  to  maintain  the  sewer  through  the  grounds.  A  mere  license  for  the 
use  of  the  premises  is  revocable  at  all  times.  A  legal  right  to  construct  and  main- 
tain a  sewer  would  have  to  be  granted  by  Congress.  (Op.,  XVI,  152,  Oct.  1,  1878, 
Devens.) 

Territory  over  which  exclusive  jurisdiction  has  been  ceded  to  the  United  States 
is  subject  only  to  the  laws  of  Congress.  Where  land  is  granted  by  a  State  to  the 
( leneral  Government,  reserving  a  concurrent  jurisdiction  in  executing  process  within 
for  offenses  committed  without  such  tract,  the  United  States  have  exclusive  juris- 
diction of  offenses  committed  within  the  ceded  territory.  The  purchase  of  land  by 
the  General  Government  for  public  purposes  within  the  territorial  limits  of  a  State, 
does  not,  of  itself,  oust  the  State  jurisdiction  therein.  Exclusive  jurisdiction  is  the 
in  c  e-sary  attendant  on  exclusive  legislation.  When,  therefore,  a  State  legislature 
has  given  its  consent  to  a  purchase  of  land  by  the  General  Government  for  the  pur- 
poses enumerated  in  the  Constitution,  the  State  jurisdiction  is  completely  ousted. 
(Urightley's  Federal  Digest,  pp.  147,  148,  giving  numerous  authorities  and  'decisions 
of  the  courts.) 

An  officer  in  command  of  a  military  post  has  the  right  to  protect  it  by  force  from 
occupation  or  injury  at  the  hands  of  trespassers.  One  caution  should  be  observed, 
however,  that  in  executing  this  duty  there  should  be  no  unnecessary  or  wanton  harm 
done  either  to  persons  or  property.  (Op.,  IX,  476,  Black,  Sept.  24,  i860.) 

Where  tHe  Government  executes  a  lease  with  a  full  knowledge  of  the  condition  of 
the  building  leased  and  with  no  agreement  that  the  lessor  shall  make  repairs  it  can 
not  make  them  at  his  expense.  (C.  C.,  IV,  526.) 

Premises  occupied  by  the  Government  under  an  implied  lease;  claim  presented, 
which  is  reduced  and  paid,  owner  accepting  and  receipting  without  protest.  He  is 
excluded  from  afterward  seeking  to  recover  the  difference.  (C.  C.,  VIII,  521.)  Where 
there  is  an  express  agreement  to  repair,  tenant  is  liable  for  loss  by  accidental  nre. 
Liability  attaches  although  there  be  no  express  covenant  as  to  fire.  Otherwise  where 
there  is  no  agreement  to  keep  in  repair  (C.  C.,  IX,  479).  Premises  rented  at  a  specific 
rate  per  month,  after  expiration  of  a  year  lessee  notified  lessor  that  the  rent  must  be 
reduced.  The  lessor  allows  the  lessee  to  continue,  receiving  monthly  rent  at  the 
reduced  rate  and  giving  receipts  therefor  in  full.  He  thereby  consents  to  change  in 
>he  original  contract  (C.  C.,  V,  508.) 

Where  the  President  has  given  permission  to  a  railroad  or  a  telegraph  company  to 
run  lines  through  the  public  property,  the  license  is  revocable  at  his  pleasure.  (Op., 
XVI,  205,  Devens,  Nov.  22, 1878.) 

Persons  who  reside  on  lands  purchased  by  or  ceded  to  the  United  States,  forts  and 
arsenals,  and  where  there  is  no  other  reservation  or  jurisdiction  to  the  State  than 
that  of  a  right  to  serve  civil  and  criminal  process  on  such  lands,  are  not  entitled  to 
the  benefits  of  common  schools  for  their  children  in  the  towns  in  which  the  lands 
are  situated ;  nor  are  they  liable  to  be  assessed  for  their  polls  and  estates  to  State, 
county,  and  town  taxes  in  such  towns ;  nor  do  they  gain  a  settlement  in  such  towns 
for  themselves  or  their  children  by  a  residence  for  any  length  of  time  on  such  lands; 
nor  do  they  acquire  by  residing  on  such  lands  any  elective  franchise  as  inhabitants 
of  such  towns.  (Supreme  court  of  Massachusetts,  1  Metcalf,  580.  quoted  in  Op.,  XVI, 
468,  Devens,  Feb.  7, 1880.) 


256       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

jane  29,  1888.       That  the  placing,  discharging,  or  depositing,  by  any  proc- 
25  stat.  L.,  209.  ess  OT  in  any  manner,  of  refuse,  dirt,  ashes,  cinders,  mud, 
'.  K's"pp'sand,  dredgings,  sludge,  acid,  or  any  other  matter  of  any 


594 


,  other  than  that  flowing  from  streets,  sewers,  and  pass- 
injuriou8de-ing  therefrom  in  a  liquid  state,  in  the  tidal  waters  of  the 
PM?  i6ri888dch'  narb°r  °f  ^ew  York,  or  its  adjacent  or  tributary  waters,  or 
257  ;Sept,'i9,  i89o|  in  those  of  Long  Island  Sound,  within  the  limits  which 
Fed.^Kep8;  380.45  sna^  be  prescribed  by  the  supervisor  of  the  harbor,  is 

hereby  strictly  forbidden, 

HOW  punished  And  every  such  act  is  made  a  misdemeanor,  and  every 
person  engaged  in  or  who  shall  aid,  abet,  authorize,  or 
instigate  a  violation  of  this  section,  shall,  upon  conviction, 
be  punishable  by  fine  or  imprisonment,  or  both,  such  fine 
to  be  not  less  than  two  hundred  and  fifty  dollars  nor  more 
than  two  thousand  five  hundred  dollars,  and  the  imprison- 
ment to  be  not  less  than  thirty  days  nor  more  than  one 
year,  either  or  both  united,  as  the  judge  before  whom  con- 
viction is  obtained  shall  decide,  one  half  of  said  fine  to  be 
paid  to  the  person  or  persons  giving  information  which  shall 
lead  to  conviction  of  this  misdemeanor. 


of  SEC.  2.  That  any  and  every  master  and  engineer,  or  per- 
SO11  °r  persoDS  acting  in  such  .capacity,  respectively,  on 
board  of  any  boat  or  vessel,  who  shall  knowingly  engage 

hibtted  matter!^  in  towing  any  scow,  boat,  or  vessel  loaded  with  any  such 
prohibited  matter  to  any  point  or  place  of  deposit,  or  dis- 
charge in  the  waters  of  the  harbor  of  New  York,  or  in  its 
adjacent,  or  tributary  waters,  or  in  those  of  Long  Island 
Sound,  or  to  any  point  or  place  elsewhere  tlian  within  the 
limits  defined  and  permitted  by  the  supervisor  of  the  har- 
bor hereinafter  mentioned,  shall  be  deemed  guilty  of  a  viola- 
tion of  this  act,  and  shall,  upon  conviction,  be  punishable 
as  hereinbefore  provided  for  offenses  in  violation  of  section 
one  of  this  act,  and  shall  also  have  his  license  revoked  or 
suspended  for  a  term  to  be  fixed  by  the  judge  before  whom 
tried  and  convicted. 
Permit  to  trans-  SEC.  3.  That  in  all  cases  of  receiving  on  board  of  any 

dumpingground!  scows  or  boats  such  forbidden  matter  or  substance  as 

•  herein  described,  it  shall  be  the  duty  of  the  owner  or  mas- 

ter, or  person  acting  in  such  capacity,  on  board  of  such 

scows  or  boats,  before  proceeding  to  take  or  tow  the  same 

to  the  place  of  deposit,  to  apply  for  and  obtain  from  the 

supervisor  of  the  harbor  appointed  hereuuder  a  permit 

defining  the  precise  limits  within  which  the  discharge  of 

such  scows  or  boats  may  be  made; 

Deviation  from     And  any  deviation  from  such  dumping  or  discharging 

meeranor.a  misde"  place  specified  in  such  permit  shall  be  a  misdemeanor  within 

I90pin8.,3i7.  the  meaning  of  this  act;  and  the  master  and  engineer,  or 

person  or  persons  acting  in  such  capacity,  on  board  of  any 

tow-boat  towing  such  scows  or  boats,  shall  be  equally  guilty 

of  such  offense  with  the  master  or  person  acting  in  the 

capacity  of  master  of  the  scow,  and  be  liable  to  equal  pun- 

ishment. 

Disposal  of     SEC.  4.  That  all  mud,  dirt,  sand,  dredgings,  and  material 

4redged  matter.  Qf  every  ^jlu|  an(j  description  whatever  taken,  dredged,  or 
excavated  from  any  slip,  basin,  or  shoal  in  the  harbor  of 


SALE    OF    PUBLIC    PROPERTY    AND    MATERIALS. 


257 


New  York,  or  the  waters  adjacent  or  tributary  thereto,  and 
placed  on  any  boat,  scow,  or  vessel  for  the  purpose  of  being 
taken  or  towed  upon  the  waters  of  the  harbor  of  New  York 
to  a  place  of  deposit,  shall  be  deposited  and  discharged  at 
such  place  or  within  such  limits  as  shall  be  defined  and 
specified  by  the  supervisor  of  the  harbor,  as  in  the  third 
section  of  this  act  prescribed,  and  not  otherwise. 

Every  person,  firm,  or  corporation  being  the  owner  of  any 
slip,  basin,  or  shoal,  from  which  such  mud,  dirt,  sand,  dredg- 
ings, and  material  shall  be  taken,  dredged,  or  excavated,  and 
every  person,  firm,  or  corporation  in  any  manner  engaged  in 
the  work  of  dredging  or  excavating  any  such  slip,  basin,  or 
shoal,  or  of  removing  such  mud,  dirt,  sand,  or  dredgings 
therefrom,  shall  severally  be  responsible  for  the  deposit  and 
discharge  of  all  such  mud,  dirt,  sand,  or  dredgings  at  such 
place  or  within  such  limits  so  defined  and  prescribed  by 
said  supervisor  of  the  harbor;  and  for  every  violation  of 
the  provisions  of  this  section  the  person  offending  shall  be 
guilty  of  an  offense  against  this  act,  and  shall  be  punished 
by  a  fine  equal  to  the  sum  of  five  dollars  for  every  cubic 
yard  of  mud,  dirt,  sand,  dredgings,  or  material  not  depos- 
ited or  discharged  as  required  by  this  section. 

Any  boat  or  vessel  used  or  employed  in  violating  any .  ^egai  proceed- 
provision  of  this  act,  shall  be  liable  to  the  pecuniary  pen- 1Dg8' 
alties  imposed  thereby,  and  may  be  proceeded  against, 
summarily  by  way  of  libel  in  any  district  court  of  the  United 
States,  having  jurisdiction  thereof. 

SEC.  5.  That  a  line  officer  of  the  Navy  shall  be  designated  NLvinc  offlcer  of 
by  the  President  of  the  United  States  as  supervisor  of  thepSed^u^er- 
harbor,  to  act  under  the  direction  of  the  Secretary  of  War  vi|or  °f  ^arbor. 
in  enforcing  the  provisions  of  this  act,  and  in  detecting  cers    ofnet°he" 
offenders  against  the  same.    This  officer  shall  receive  theNavy'' '80C-1362- 
sea-pay  of  his  grade,  and  shall  have  personal  charge  and 
supervision"  under  the  Secretary  of  War,  and  shall  direct 
the  patrol  boats  and  other  means  to  detect  and  bring  to 
punishment  offenders  against  the  provisions  of  this  act. 

SEC.  6.  [Appropriates  $30,000  10  carry  out  the  act.\ 

SALE  OF  PROPERTY  AND  MATERIALS. 


Sec. 

1540.  Sale  of  vessels  unfit  for  repairs. 

1541.  Sale  of  unserviceable  vessels  and 

materials. 
Act  Aug.  5,  1882.  Removal  of  vessels from 

Register. 

Ibid.  Appraisal  and  sale  of  stores,  etc. 
36W.  Moneys  to    be    deposited  without 

deduction. 
3618.  Proceeds  of  sales  of  material. 


Sec. 

Act  Feb.  14, 1 879.  Value  of  issues  of  small 

stores,  etc. 
Act  June30,1890.  Saleof  condemned  naval 

stores. 

3619.  Penalty  for  withholding  money. 
3672.  Statement  of  proceeds  of  sales'. 
Disposition    of    useless    ordnance 

material. 


SEC.  1540.  The  President  may  direct  any  armed  vessel  Title  is,  chap,  e. 
of  the  United  States  to  be  sold  when,  in  his  opinion,  such  sale  of  vessels 
vessel  is  so  much  out  of  repair  that  it  will  not  be  for  the""^dto  be  re' 
interest  of  the  United  States  to  repair  her.  [See  Aug.  5,  'APr.'2i,i806,«. 

1882.]  '  3,  v.  2, 

SEC.  1541.  The  Secretary  of  the  Navy  is  authorized  and 
directed  to  sell,  at  public  sale,  such  vessels  and 
of  the  United  States  Navy  as,  in  his  judgment,  cannot  be2 
advantageously  used,  repaired,  or  fitted  out;  and  he  shall,  ' 
376  -  17 


p.  402. 

sale  of  unserv- 


258   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

see  sec.  3618  at  the  opening  of  each  session  of  Congress,  make  a  full 
title';  sec!  report  to  Congress  of  all  vessels  and  materials  sold,  the 


v^Sni  |  Parties  buying  the  same,  and  the  amount  realized  there- 
in and  sec.i&i"  from,  together  with  such  other  facts  as  may  be  necessary 
Nasvy!i)ivif8ionhie  to  a  full  understanding  of  his  acts. 

Aug.  6,  1882.       Jt  shall  also  be  the  duty  of  the  Secretary  of  the  Navy,  as 
Examination  of  soon  as  may  be  after  the  passage  of  this  act,  to  cause  to  be 
vessels,  etc.       examined  by  competent  boards  of  officers  of  the  Navy,  to 
be  designated  by  him  for  that  duty,  all  vessels  belonging 
to  the  Navy  not  in  actual  service  at  sea,  and  vessels  at  sea 
as  soon  as  practicable  after  they  shall  return  to  the  United 
States,  and  hereafter  all  vessels  on  their  return  from  for- 
eign stations,  and  all  vessels  in  the  United  States  as  often 
vessels  not  fit  as  once  in  three  years,  when  practicable;  and  said  boards 
fcetfoUbeh8Tricken  shall  ascertain  and  report  to  the  Secretary  of  the  Navy,  in 
from  Register,     writing,  which  of  said  vessels  are  unfit  for  further  service, 
veSeis  arof  "  the  or,  if  the  same  are  unfinished  in  any  navy-yard,  those  which 
Navy  .Division  i.  cannot  be  finished  without  great  and  disproportionate 
expense,  and  shall  in  such  report  state  fully  the  grounds 
and  reasons  for  their  opinion.     And  it  shall  be  the  duty  of 
the  Secretary  of  the  Navy,  if  he  shall  concur  in  opinion  with 
said  report,  to  strike  the  name  of  such  vessel  or  vessels 
from  the  Navy  Eegister  and  report  the  same  to  Congress. 
Aug.  5,  1882.       SEC.  2.  That  it  shall  be  the  duty  of  the  Secretary  of  the 
Account  of  Navy,  as  soon  as  may  be  after  the  passage  of  this  act,  to 
to  be  tak-  cause  an  account  to  be  taken  of  the  stock  of  stores  and  stip- 
seenotei.       plies  pertaining  and  belonging  to  the  several  bureaus  of 
the  Navy  Department,  in  which  account  shall  be  stated  the 
original  cost  of  each  article  and  the  date  of  purchase,  so 
far  as  the  same  is  known,  and  cause  an  appraisement  of  the 
present  value  of  such  stores  and  supplies  to  be  made  and 
entered  in  such  account;  and  said  appraised  value,  when 
so  entered,  shall  hereafter  be  the  price  at  which  they  shall 
Appraisers,     be  charged  in  accounting  with  the  several  bureaus.    Such 
appraisal  shall  be  made  by  boards  of  officers  of  the  Navy 
to  be  designated  by  the  Secretary;  and  all  such  stores  and 
supplies  as  shall  be  found  by  boards  of  appraisers  to  be 
unserviceable  for  use  in  the  Navy,  shall  be  condemned  and 
sold  in  the  manner  hereinafter  provided  for  the  sale  of  old 


en 


Duty  of  Secre-      Note  1.—  Sec.  3755  of  the  Revised  Statutes  (resolution  of  June  21,  1870,  v.  1C,  p.  380) 

taryof  theTreas-  authorizes  the  Secretary  of  the  Treasury  to  make  such  contracts  and  provisions  as 

ury.  ho  may  deem  for  the  interest  of  the  Government  for  the  preservation,  sale,  or  collec- 

tion of  any  property,  or  the  proceeds  thereof,  which  may  have  been  wrecked,  aban- 

doned, or  become  derelict,  being  within  the  .jurisdiction  of  the  United  States,  and 

which  ought  to  come  to  the  United  States,    *    *    *     [But  see  following.! 

Duty  of  the  An  act  approved  June  14,  1880  (sec.  4,  chap.  211,  v.  21,  p.  197),  provides  that  "  whon- 
Secre  taryof  War.  ever  hereafter  the  navigation  of  any  river,  lake,  harbor,  Day,  or  other  navigable  vatn- 
of  the  United  States,  shall  be  obstructed  or  endangered  by  any  sunken  vessel  or 
water-craft,  it  shall  be  the  duty  of  the  Secretary  of  War,  upon  satisfactory  informa- 
tion thereof,  to  cause  reasonable  notice  of  not  less  than  thirty  days  to  be  given,  per- 
sonally or  by  publication  at  least  once  a  week  in  the  newspaper  published  m-anst 
the  locality  of  such  sunken  vessel  or  craft,  to  all  persons  interested  in  such  vessel  or 
craft,  or  in  the  cargo  thereof,  of  the  purpose  of  said  Secretary,  unless  such  vessel  or 
craft  shall  be  removed  as  soon  thereafter  as  practicable  by  the  parties  interested 
therein,  to  cause  the  same  to  be  removed."  If  not  removed,  the  Secretary  treats  the 
same  as  abandoned  and  derelict,  and  proceeds  to  remove  it,  sells  it  to  the  highest  bid- 
der for  cash,  after  due  notice,  and  deposits  the  proceeds  in  the  Treasury  to  the  credit 
of  a  fund  for  the  removal  of  such  obstructions  to  navigation.  The  provisions  of 
this  act  apply  "to  all  such  wrecks  whether  removed  under  this  or  any  other  act  of 
Congress. 

An  act  of  August  2,  1882  (chap.  375,  v.  22,  p.  208),  enlarges  the  power  given  the  Sec 
retary  of  War  by  the  act  of  June  14,  1880,  so  that  he  may,  in  his  discretion,  sell  and 
dispose  of  any  such  vessel,  or  cargo,  or  property  therein,  before  the  raising  or  removal 
thereof. 


SALE    OF    PUBLIC    PROPERTY    AND    MATERIALS.  259 

materials,  and  the  proceeds  thereof,  after  deducting  the  cost 

of  such  appraisal,  condemnation,  and  sale,  shall  be  paid 

into  the  Treasury.     And  no  old  material  of  the  Navy  shall 

hereafter  be  sold  or  exchanged  by  the  Secretary  of  the 

Navy,  or  by  any  officer  of  the  Navy,  which  can  be  profit- 

ably used  by  reworking  or  otherwise  in  the  construction 

or  repair  of  vessels,  their  machinery,  armor,  armament,  or 

equipment;  but  the  same  shall  be  stored  and  preserved  for 

future  use.     And  when  any  such  old  material  cannot  be    sale  of  unprof- 

proiitably  used  as  aforesaid,  the  same  shall  be  appraiseditablearticles- 

and  sold  at  public  auction  after  public  notice  and  advertise- 

ment shall  have  been  given  according  to  law  under  such 

rules  and  regulations  and  in  such  manner  as  the  said  Sec- 

retary may  direct.    The  net  proceeds  arising  from  the  sales 

of  such  old  materials  shall  be  paid  into  the  Treasury.     ftjJJJJJ 

shall  be  the  duty  of  the  Secretary  of  the  Navy  annually  to  gr£w.e 

report  in  detail  to  Congress,  in  his  annual  report,  the  pro-         , 

ceeds  of  all  sales  of  materials,  stores,  and  supplies,  made  p.  290.' 

under  the  provisions  of  this  act,  and  the  expenses  attend- 

ing such  sales. 

SEC.  3017.   The  gross   amount  of  all  moneys  received       Title  *°- 
from  whatever  source  for  the  use  of  the  United  States,    Moneys  to  be 
except  as  otherwise  provided  in  the  next  section,  shall  be  S  Si^tion!11 
paid  by  the  officer  or  agent  receiving  the  same  into  the  1  Mar.  3,  1849,'  8. 
Treasury,  at  as  early  a  day  as  practicable,  without  any  s'ept.  281,  iJso.s!  !| 
abatement  or  deduction  on  account  of  salary,  fees,  costs,  ^Au07^  188? 
charges,  expenses,  or  claim  of  any  description  whatever,  and  Ma?  Visas.' 
But  nothing  herein  shall  affect  any  provision  relating  to 
the  revenues  of  the  Post-Office  Department. 

SEC.  3618.  All  proceeds  of  sales  of  old  material,  con-  Proceeds  of 
demned  stores,  supplies,  or  other  public  property  of  any  81  Mayf  CIST"^.' 
kind,  except  the  proceeds  of  the  sale  or  leasing  of  marine5'  v-  17-  P-  83  ; 
hospitals,  or  of  the  sales  of  revenue-cutters,  or  of  the  sales  v.  9^171$  Apr. 
of  commissary  stores  to  the  officers  and  enlisted  men  of  J^J.'J^'jJ 
the  Army,  or  of  materials,  stores,  or  supplies  sold  to  officers  isbe,  8/25,^14,' 
and  soldiers  of  the  Army,  or  of  the  sale  of  condemned  Navy  IgjJJ.'i'pfaw1- 
clothing,  or  of  sales  of  materials,  stores,  or  supplies  to  any  June  22,  isw,  v! 
exploring  or  surveying  expedition  authorized  by  law,  snail  ^'is-Jv.T'iQ^p! 
be  deposited  and  covered  into  the  Treasury  as  miscellaue-  2*9- 

.     .  ,       /»  /,  T         r,  /•-,  See  s.  1541.  Aug. 

ous  receipts,  on  account  ot  "proceeds  of  Government  prop-  5,  1882,  and  Mar. 
erty,"  and  shall  not  be  withdrawn  or  applied,  except  in3'1875- 
consequence  of  a  subsequent  appropriation  made  by  law. 

[Par.    I.]  Bureau   of  Provisions    and   Clothing.     That  Feb.  14,  1879. 
from  and  after  the  first  day  of  April,  eighteen  hundred  and    20  stat.  L.,  284. 
seventy-nine,  the  value  of  issues  of  small-stores  shall  be    s  2i?£2i?'   S>> 
credited  to  a  fund  to  be  designated  as  the  "  small-stores 
fund",  in  the  same  manner  as  the  value  of  the  issues  of  plies  and 
clothing  is  now  credited  to  the  "  clothing  fund";  the  re-co^-eofi8 
sources  of  the  fund  to  be  used  hereafter  in  the  purchase  of  of  sma-n  stores  to 
supplies  of  small-stores  for  issue.    *     * 


fund  ;  '  '  how  used  . 

K.  S.,  sec.  3618. 

June  30,  1890, 
ch.  640,  par.  2,  p. 
762. 


[Par.  1.]  The  Secretary  of  the  Navy  is  hereby  authorized  June  30>  1890» 
to  sell,  after  advertisement  of  the  sale  for  such  time  as  in  26^stat.  L.,  iso. 
his  judgment  the  public  interests  may  require,  condemned  1874-91,'  p/m8'1 


260   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


sale  of  con-  n^val  supplies.  stores,  and  materials,  either  by  public  auc- 

denmed    naval  ..  -t  -i          .•  /»  11  i  '    /•        ,1 

store*.  tion  or  by  advertisement  lor  sealed  proposals  lor  the  pur- 

K.  S.,  1541,  3618  ;  ,.lii<jp  nf  fl»P  ^OTTIP 
19C.Cls.,181;113CliaSe  OI    lUe  feame« 

U.  S.,  128. 

?.01n.alty  .for     SEC.  3619.  Every  officer  or  agent  who  neglects  or  refuses 

withholding.  ,  .ji^i  ••  /.          *•         JT  •    -  i  i        -i 

money.  to  comply  with  the  provisions  ot  section  thirty-six  hundred 

4oJv1i41p  is?6'  8>  au(l  seventeen  shall  be  subject  to  be  removed  from  office, 

and  to  forfeit  to  the  United  States  any  share  or  part  of  the 

moneys  withheld,  to  which  he  might  otherwise  be  entitled. 

Title  41.          SEC.  3672.  A  detailed  statement  of  the  proceeds  of  all 

statement  of  sales  of  old  material,  condemned  stores,  supplies,  or  other 

Sf  ohuL°tLiai.e8  Public  property  of  any  kind  except  materials,  stores,  or 

May  s,  1872,  V  supplies  sold  to  officers  and  soldiers  of  the  Army,  or  to 

FebT'  2?!'  i877,8v!  exploring  or  •  surveying  expeditions  authorized  by  law, 

19,  p.  249.  shall  be  included  in  the  appendix  to  the  book  of  estimates. 

See   sec.   3692, 
Appropriations. 

Mar.  8,  1875.       That  the  Secretary  of  the  Navy  is  authorized  to  dispose 

Disposition  Tf  of  the  useless  ordnance  material  on  hand  at  public  sale, 

ordnance  mate  accOrding  to  law,  the  net  proceeds  of  which  shall  be  turned 

Mar.  3,  1875,  v.  into  the  Treasury;  and  an  amount  equal  to  the  same  is 

I8see3note2.       hereby  appropriated,  to  be  applied  to  the  purpose  of  pro- 

curing a  supply  of  material  adapted  in  manufacture  and 

calibre  to  the  present  wants  of  the  service;  but  there  shall 

be  expended,  under  this  provision,  not  more  than  seventy- 

five  thousand  dollars  in  one  year. 

SuStatRLs'37V     f  Par"  -^'J  Tnat  the  Secretary  °f  tne  Navy  is  authorized 
73,  chap.  i3o.  ''  v  'to  dispose  of  the   useless  ordnance  material  on  hand  at 
see  note  3.       public  sale,  according  to  law; 

July  14,  1884.       SEC.  2.  That  hereafter  all  rifled  cannon  of  any  particular 

23  stat,  L.,  158.  material,  caliber,  or  kind,  made  at  the  cost  of  the  United 

i874U9i  *p  4^8  S>1  States  shall  be  publicly  subjected  to  the  proper  test  includ- 

AII  rifled  can-  ing  such  rapid  tiring  as  a  like  gun  would  be  likely  to  be 

JftStod^ttSS  subjected  to  in  actual  battle  for  the  determination  of  the 

to  i>e  tested.       endurance  of  the  same  to  the  satisfaction  of  the  President 

oh!,78]i,B.2f  p!So2'.  of  the  United  States  or  such  persons  as  he  may  select;  and 

chSio28si'  1SS1  ne  *s  nereky  authorized  to  select  not  to  exceed  five  persons, 

'  who  shall  be  skilled  in  such  matters;  aud  if  such  gun  shall 

not  prove  satisfactory,  they  shall  not  be  put  in  use  in  the 

Government  service. 

cannon"  ^a'^be     SEC<  3'  Tbat  tlie  Secretary  of  War  and  tne  Secretary  of 

sold  for  experi  the  Navy  are  hereby  authorized  to  sell  to  projectors  of 

mMar!:IIi8f58«h!me^UO(^80^  conversion,  for  experimental  purposes  only,  any 

1:50,  'par.'  11,  p.  74'.  smooth-bore  cannon  on  hand  required  by  them,  at  prices 

which  shall  not  be  less  than  have  been  received  from  auc- 

tion sales  for  such  articles,  and  deliver  the  same,  at  the 

cost  of  the  Government,  at  the  nearest  convenient  place  for 

Note?.  —  The  Secretary  of  the  Navy  can  not  exchange  a  condemned  vessel  for  another. 
Disposition  of  former  controlled  by  act  of  May  23,  1872.  (Op..  XIV,  360,  Feb.  18,  1874, 
Williams.) 

For  the  mode  in  which  the  gale*  of  condemned  property  shall  be  conducted, 
whether  by  advertisement  at  public  auction  or  otherwise,  no  specific  provision  is 
iiijuU-.  In  these  respects  the  sales  are  left  to  the  discretion  of  the  officer  having 
charge  of  such  old  material.  The  proceeds  must  be  covered  into  the  Treasury.  The 
Bureau  of  Engraving  and  Printing  can  not  exchange  old  presses  for  new  ones.  (Op., 
XV,  320,  Williams,  .June  23,  1877.) 

Inspection,  condemnation,  and  public  sale  are  necessary  to  a  valid  sale  of  unsuita- 
ble military  stores  under  the  act  of  March  3,  1825.  (C.  C.,  v.  1,  p.  85.) 

Note  '  <i.  —  Thr  authority  .uivcii  lo  the,  Srrivlary  of  tin-  Xuvv  in  paragraph  11  to  dis- 
pose of  public  property  is  (superseded  by  1882,  Aug.  5,  chap,  391,  sec.  2. 


REVISED  STATUTES  -  STATUTES  AT  LARGE.        261 

shipment  or  public  transportation  ;  the  cost  of  delivery  to 
be  deducted  from  the  proceeds  of  sales,  and  the  balance  to 
be  covered  into  the  Treasury  of  the  United  States. 

One  or  more  rifled  cannon  of  each  type  constructed  at  July  26,  isse. 
the  cost  of  the  United  States  for  the  Navy  shall  be  publicly 


subjected  to  the  proper  test  for  endurance  including  Sncu1874u9^p\ 
rapid  firing  as  a  like  gun  would  be  subjected  to  in  battle.  Navy'.11' 
This  test  shall  be  under  the  direction  and  to  the  satisfac-  d  cannon 


tion  of  the  Secretary  of  the  Navy,  and  if  such  guns  do  not  tested. 
prove  satisfactory,  the  type  they  represent  shall  not  be  put  235ll8.y2,5J>?468>.ch 
in  use  in  the  naval  service. 

REVISED  STATUTES—  STATUTES  AT  LARGE. 
GENERAL  PROVISIONS. 


Sec. 

1.  Definitions. 

2.  County. 

3.  Vessel. 


Sec. 

4.  Vehicle. 

5.  Company,  association. 


In  determining  the  meaning  of  the  Kevised  Statutes,  or  of  Title  i,  chap.  i. 
any  actor  resolution  of  Congress  passed  subsequent  to  Feb- 


. 
ruary  twenty-fifth,  eighteen  hundred  and  seventy-one,  words    Feb.  25,  im,  8. 

importing  the  singular  number  may  extend  and  be  applied  jn}y  J®;  fgeo,3^ 
to  several  persons  or  things;  words  importing  the  plural44-  v-  14>  P-  163; 
number  may  include  the  singular;  words  importing  the  82U1i26,  v.  13,  'pp'. 
masculine  gender  may  be  applied  to  females;  the  words^ssj^Juiy  20, 
"insane  person"  and  "  lunatic"  shall  include  every  idiot,  p.m' 
non-compos,  lunatic,  and  insane  person;  the  word  "  per- 
son" may  extend  and  be  applied  to  partnerships  and  cor- 
porations, and  the  reference  to  any  ofticer  shall  include  any 
person  authorized  by  law  to  perform  the  duties  of  such 
office,  unless  the  context  shows  that  such  words  were 
intended  to  be  used  in  a  more  limited  sense;  and  a  require- 
ment of  an  "  oath"  shall  be  deemed  complied  with  making 
affirmation  in  judicial  form. 

SEC.  2.  The   word  "county"  includes  a  parish,  or  any    county. 


other  equivalent  subdivision  of  a  State  or  Territory  of  the9  J^n  3' 
United  States. 

SEC.  3.  The  word  "  vessel  "  includes  every  description"  of  vessel. 
water-craft  or  other  artificial  contrivance  used,  or  capable  i,v™lyil?' 
of  being  used,  as  a  means  of  transportation  on  water.  7l™i629;  i®™'  8' 

SEC.  4.  The  word  "vehicle"  includes  every  description  'vehicle. 
of  carriage  or  other  artificial  contrivance  used,  or  capable  i,vUi4,p8.'i78866'8' 
of  being  used,  as  a  means  of  transportation  on  land. 

SEC.  5.  The  word   "company"  or  "association,"  when    company,  asso- 
a  seel  iii  reference  to  a  corporation,  shall  be  deemed  to  C1  jjiiy, 
embrace  the  words  "successors  and  assigns  of  such  coin-  9,v.u,p.'24i. 
pany  or  association,"  in  like  manner  as  if  these  last-named 
words,  or  words  of  similar  import,  were  expressed. 

SEC.  G.  In  all  cases  where  a  seal  is  necessary  by  law  to    seal. 
any  commission,  process,  or  other  instrument  pro  vided  2,^10,  p1.' 
for  by  the  laws  of  Congress,  it  shall  be  lawful  to  affix  the 
proper  seal  by  making  an  impression  therewith  directly  on 
the  paper  to  which  such  seal  is  necessary;  which  shall  be 
as  valid  as  if  made  on  wax  or  other  adhesive  substance. 


262       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 


FORM   OF   STATUTES   AND   EFFECT   OF  REPEALS. 


Sec. 

7.  Enacting  clause. 

8.  Resolving  clause. 

0.  .No  enacting  words  after  first  section. 
10.  Numbering  and  frame  of  sections. 


Sec. 

11.  Title  of  appropriation  acts. 

12.  Repeal  not  to  revive  former  act. 

115.  Repeals  not  to  aft'ect  liabilities,  un- 
less, etc. 


Title  i.  riiap.  2.     SEC.  7.  The  enacting  clause  of  all  acts  of  Congress  here- 
EU  a  <•  t  i  n  g  after  enacted  shall  be  in  the  following  form :  "  Be  it  enacted 

clause. 


R  e  s  o  1  \ 
clause. 


by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled." 
«  K  SEC.  8.  The  resolving  clause  of  all  joint  resolutions  shall 
be  in  the  following  form:  "Resolved  by  the  Senate  and 
House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled." 

NO  enacting     SEC.  9.  No  enacting  or  resolving  words  shall  be  used  in 
25tai.  any  section  of  an  act  or  resolution  of  Congress  except  in 

the  first. 

Numbering     SEC.  10.  Each  section  shall  be  numbered,  and  shall  coii- 
sectionraame  Oltam,  as  nearly  as  may  be,  a  single  proposition  of  enact- 

Feb.25,  1871,  8.  meilt. 

'Title oir  appro-     SEC.  11.  The  style  and  title  of  all  acts  making  appropn- 
^£26^42,8.  ations  for  the  support  of  Government  shall  be  as  follows: 
2, v. 5, p. 537.       "An  act  making  appropriations  (here  insert  the  object) 
for  the  year  ending  June  thirtieth  (here  insert  the  calen- 
dar year.) 

Repeals  not  to     SEC.  12.  Whenever  an  act  is  repealed,  which  repealed  a 
revive      rmer  former  act,  such  former  act  shall  not  thereby  be  revived, 
3  v6^2!^1' 8'  U11^ess  ^  shall  be  expressly  so  provided. 
'  Repeal's  not  to     SEC.  13.  The  repeal  of  any  statute  shall  not  have  the 
unless,  etacbilite8  effect  to  release,  or  extinguish  any  penalty,  forfeiture,  or 
iwd!,  s.  4.        liability  incurred  under  such  statute,  unless  the  repealing 
act  shall  so  expressly  provide,  and  such  statute  shall  be 
treated  as  still  remaining  in  force  for  the  purpose  of  sus- 
taining any  proper  action  or  prosecution  for  the  enforce- 
ment of  such  penalty,  forfeiture,  or  liability. 

_ritiej9._      gEa  1777.  The  various  officers  of  the  United  States,  to 
Preservation  whom,  in  virtue  of  their  offices  and  for  the  uses  thereof, 
SKaJge^'^pie?  °f  the  United  States  Statutes  at  Large,  published 
Aug. s,  me,  s.  by  Little,  Brown  and  Company,  have  been  or  may  be 
distributed  at  the  public  expense,  by  authority  of  law, 
shall  preserve  such  copies,  and  deliver  them  to  their  suc- 
cessors respectively  as  a  part  of  the  property  appertaining 
to  the  office.    A  printed  copy  of  this  section  shall  be  in- 
serted in  each  volume  of  the  Statutes  distributed  to  any 
such  officers. 

LIMITATIONS. 


Sec. 

1043.  Capital  offenses. 

1044.  Offenses  not  capital. 

1045.  Fleeing  from  justice. 

1046.  Crimes  under  tbe  revenue  laws. 


Sec. 

1047.  Penalties    and    forfeitures    under 

laws  of  the  United  States. 

1048.  Parties  beyond    reach  of   process 

during  the  rebellion. 


Title I8,cii»p.i9.     gECg  1043.  No  person  shall  be  prosecuted,  tried,  or  pun- 

cai.hai utilises,  ished  for  treason  or  other  capital  offense,  willful  murder 

32,  v?i,p.'iio. ' 8'  excepted,  unless  the  indictment  is  found  within  three  years 


FORM  OF  STATUTES,  REPEALS,  AND  LIMITATIONS.     263 

next  after  such  treason  or  capital  offense  is  done  or  com- 
mitted. 

SEC.  1044.  No  person  shall  be  prosecuted,  tried,  or  pun-    offenses    not 
ished  for  any  offense,  not  capital,  except  as  provided  in  cai)ital- 
section  one  thousand  and  forty-six,  unless  the  indictment 
is  found,  or  the  information  is  instituted  within  three  years 
next  after  such  offense  shall  have  been  committed;  but 
this  act  shall  not  have  the  effect  to  authorize  the  prosecu- 
tion, trial,  or  punishment  for  any  offense,  barred  by  the 
provisions  of  existing  law. 

SEC.  1045.  Nothing-  in  the  two  preceding  sections  shalL^^s  from 
extend  to  any  person  fleeing  from  justice.  "ibid. 

Apr.  30, 1876,  v. 
19.  p.  32. 

SEC.  1046.  No  person  shall  be  prosecuted,  tried,  or  pun-  Crimes  under 
ished  for  any  crime  arising  under  the  revenue  laws,  or  the  th^r le^soTs 
slave-trade  laws  of  the  United  States,  unless  the  indict- 3,  v.  2,  'p.  2no;' 
ment  is  found  or  the  information  is  instituted  within  fi ve  ^ ^p2 452818' s< 9' 
years  next  after  the  committing  of  such  crime. 

SEC.  1047.  No  suit  or  prosecution  for  any  penalty  or  for-  Penalties  and 
feiture,  pecuniary  or  otherwise,  accruing  under  the  laws  of  laws^of ^iiSted 
the  United  States,  shall  be  maintained,  except  in  cases  st|;teeb8-28  1839  8 
where  it  is  otherwise  specially  provided,  unless  the  same  is  4,  v.  5,  'P.  32'1| 
commenced  within  five  years  from  the  time  when  the  pen-  ^r>p'  ™'  IfJJ.' 
alty  or  forfeiture  accrued:  Provided,  That  the  person  of 20,  IHO'J,  s.3,v.2,' 
the  offender,  or  the  property  liable  for  such  penalty  or  for-  m8°L  £  vr'32p. 
feiture,  shall,  within  the  same  period,  be  found*withiu  the  ^ '^ar.  3,  ises,' 
United  States;  so  that  the  proper  process  therefor  may  be  juiyiVisfestii 
instituted  and  served  against  such  person  or  property.  v.i5,p.i83. 

SEC.  1048.  In  all  cases  where,  during  the  late  rebellion,  Parties  beyond 
any  person  could  not,  by  reason  of  resistance  to  the  execu-  SugVrS8 
tion  of  the  laws  of  the  United  States,  or  of  the  interruption lion- 

et   ,••  j.  /*  •      i «    •    i  i.  i      June  11,    Ioo4, 

oi  the  ordinary  course  of  judicial  proceedings,  be  served  eh.  us,  v.  is,  p. 
with  process  for  the  commencement  of  any  action,  civil  or 123< 
criminal,  which  had  accrued  against  him,  the  time  during 
which  such  person  was  beyond  the  reach  of  legal  process 
shall  not  be  taken  as  any  part  of  the  time  limited  by  law 
for  the  commencement  of  such  action. 

That  the  Articles  for  the  Government  of  the  Navy  be, 
and  the  same  are  hereby,  amended  by  adding  thereto  the 
following: 

"ARTICLE  61.  No  person  shall  be  tried  by  court-martial 
or  otherwise  punished  for  any  offense,  except  as  provided 
in  the  following  article,  which  appears  to  have  been  com- 
mitted more  than  two  years  before  the  issuing  of  the  order 
for  such  trial  or  punishment,  unless  by  reason  of  having 
absented  himself,  or  of  some  other  manifest  impediment  he 
shall  not  have  been  amenable  to  justice  within  that  period. 

u  ARTICLE  62.  No  person  shall  be  tried  by  court-martial 
or  otherwise  punished  for  desertion  in  time  of  peace  com- 
mitted more  than  two  years  before  the  issuing  of  the  order 
for  such  trial  or  punishment,  unless  he  shall  meanwhile 
have  absented  himself  from  the  United  States,  or  by  reason 
of  some  other  manifest  impediment  shall  not  have  been 
amenable  to  justice  within  that  period,  in  which  case  the 


264   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

time  of  his  absence  shall  be  excluded  in  computing  the 
period  of  the  limitation: 

"Provided,  That  said  limitation  shall  not  begin  until  the 
end  of  the  term  for  which  said  person  was  enlisted  in  the 
service."  (February  25, 1895.) 


REPEAL   PROVISIONS. 


Sec. 

5595.  What  Revised  Statutes  embrace. 

559C.  Kepoal  of  acts  embraced  in  revision. 

5597.  Accrued  rigbta  reserved. 

5598.  Prosecutions  and  punishments. 

5599.  Acts  of  limitation. 

5600.  Arrangement  and  classification  of 

sections. 


5601.  Acts  passed  since  December  1, 1873, 

not  affected. 
Act  June  20, 1874.    Preparation  of 

Revised  Statutes  for  printing,  etc. 


Title  74.          SEC.  5595.  The  foregoing  seventy-three  titles  embrace  the 

what  Revised  statutes  of  the  United  States  general  and  permanent  in 
brace  utcf»  era-  their  nature,  in  force  on  the  1st  day  of  December  one  thou- 
sand eight  hundred  and  seventy-three,  as  revised  and  con- 
solidated by  commissioners  appointed  under  an  act  of 
Congress,  and  the  same  shall  be  designated  and  cited,  as 
The  Revised  Statutes  of  the  United  States. 

Repeai^of  acts  SEC.  559G.  All  acts  of  Congress  passed  prior  to  said  first 
1  in  re'dayof  December  one  thousand  eight  hundred  and  seventy- 
three,  any  portion  of  which  is  embraced  in  any  section  of 
said  revision,  are  hereby  repealed,  and  the  section  appli- 
cable thereto  shall  be  in  force  in  lieu  thereof;  all  parts  of 
such  acts  not  contained  in  such  revision,  having  been 
repealed  or  superseded  by  subsequent  acts,  or  not  being 
general  and  permanent  in  their  nature:  Provided,  That  the 
incorporation  into  said  revision  of  any  general  and  perma- 
nent provision,  taken  from  an  act  making  appropriations, 
or  from  an  act  containing  other  provisions  of  a  private, 
local,  or  temporary  character,  shall  not  repeal,  or  in  any 
way  affect  any  appropriation,  or  any  provision  of  a  private, 
local,  or  temporary  character,  contained  in  any  of  said  acts, 
but  the  same  shall  remain  in  force;  and  all  acts  of  Con- 
gress passed  prior  to  said  last-named  day  no  part  of  which 
are  embraced  in  said  revision,  shall  not  be  affected  or 
changed  by  its  enactment. 

SEC.  5597.  The  repeal  of  the  several  acts  embraced  in 
said  revision,  shall  not  affect  any  act  done,  or  any  right 
accruing  or  accrued,  or  any  suit  or  proceeding  had  or  com- 
menced in  any  civil  cause  before  the  said  repeal,  but  all 
rights  and  liabilities  under  said  acts  shall  continue,  and 
may  be  enforced  in  the  same  manner,  as  if  said  repeal  had 
not  been  made;  nor  shall  said  repeal,  in  any  manner  affect 
the  right  to  any  office,  or  change  the  term  or  tenure  thereof. 

Prosecutions     SEC.  5598.  All  offenses  committed,  and  all  penalties  or 
1  forfeitures  incurred  under  any  statute  embraced  in  said 
revision  prior  to  said  repeal,  may  be  prosecuted  and  pun- 
ished in  the  same  manner  and  with  the  same  effect,  as  if 
said  repeal  had  not  been  made. 

Acts  of  Hmita  SEC.  5599.  All  acts  of  limitation,  whether  applicable  to 
civil  causes  and  proceedings,  or  to  the  prosecution  of  of- 
fenses, or  for  the  recovery  of  penalties  or  forfeitures,  em- 
braced in  said  revision  and  covered  by  said  repeal,  shall  not 
be  affected  thereby,  but  all  suits,  proceedings  or  prosecu- 


an 
ments 


tion. 


REVISED    STATUTES REPEAL    PROVISIONS.  265 

tions,  whether  civil  or  criminal,  for  causes  arising,  or  acts 
done  or  committed  prior  to  said  repeal,  may  be  commenced 
and  prosecuted  within  the  same  time  as  if  said  repeal  had 
not  been  made. 

SEC.  5600.  The  arrangement  and  classification  of  the  sev- 
eral  sections  of  the  revision  have  been  made  for  the  purpose 
of  a  more  convenient  and  orderly  arrangement  of  the  same, 
and  therefore  no  inference  or  presumption  of  a  legislative 
construction  is  to  be  drawn  by  reason  of  the  Title,  under 
which  any  particular  section  is  placed. 

SEC.  5601.  The  enactment  of  the  said  revision  is  not  to  .Act»  passed 

n  f^  ••  A -i      -i     A   j         since  Dec.  1, 1873. 

affect  or  repeal  any  act  of  Congress  passed  since  the  1st  day  ,10t  a  ire  c  t  e  a ; 
of  December,  one  thousand  eight  hundred  and  seventy-three,    Juue  22> 1874- 
and  all  acts  passed  since  that  date  are  to  have  full  effect  as 
if  passed  after  the  enactment  of  this  revision,  and  so  far  as 
such  acts  vary  from,  or  conflict  with  any  provision  contained 
in  said  revision,  they  are  to  have  effect  as  subsequent  stat- 
utes, and  as  repealing  any  portion  of  the  revision  inconsist- 
ent therewith. 

SEC.  204.  Whenever  a  bill,  order,  resolution  or  vote  of       Title  5. 
the  Senate  and  House  of  Kepresentatives,  having  been    promulgation 
approved  by  the  President,  or  not  having  been  returned  by  ofggWt8>15 1789  8 
him  with  his  objections,  becomes  a  law  or  takes  effect,  it2,v.ei!p.68;  July 
shall  forthwith  lie  received  by  the  Secretary  of  State  from  ^Bec  28  m*' 
the  President;  and  whenever  a  bill,  order,  resolution,  or  ck?9, v. is, p. 294'. 
vote  is  returned  by  the  President  with  his  objections,  and, 
on  being  reconsidered,  is  agreed  to  be  passed,  and  is  ap- 
proved by  two-thirds  of  both  Houses  of  Congress,  and 
thereby  becomes  a  law  or  takes  effect,  it  shall  be  received 
by  the  Secretary  of  State  from  the  President  of  the  Senate, 
or  Speaker  of  the  House  of  Representatives  in  whichsoever 
House  it  shall  last  have  been  so  approved,  and  he  shall 
carefully  preserve  the  originals. 

That  the  Secretary  of  State  is  hereby  charged  with  the  Jnne  20, 1874. 
duty  of  causing  to  be  prepared  for  printing,  publication  'preparation  of 
and  distribution  the  revised  statutes  of  the  United 
enacted  at  this  present  session  of  Congress;  that  he  shall 
cause  to  be  completed  the  head  notes  of  the  several  titles 
and  chapters  and  the  marginal  notes  referring  to  the  stat- 
utes from  which  each  section  was  compiled  and  repealed 
by  said  revision ;  and  references  to  the  decisions  of  the 
courts  of  the  United  States  explaining  or  expounding  the 
same,  and  such  decisions  of  State  courts  as  he  may  deem 
expedient,  with  a  full  and  complete  index  to  the  same. 
And  when  the  same  shall  be  completed,  the  said  Secretary 
shall  duly  certify  the  same  under  the  seal  of  the  Depart-  sate; 
went  o/  State,  and  when  printed  and  promulgated  as  here-  JjJSJ,?110  ^  evi' 
inafter  provided,  the  printed  volumes  shall  be  legal  evi-  Title  of  revi- 
dence  of  tihe  laws  and  treaties  therein  contained,  in  all  the  8i™i'ne 20,1374,8. 
courts  of  the  United  States,  and  of  the  several  States  and  2,  v.  is ,'p.  ilai 
Territories.  SS,?^1-1' 

That  the  revision  of  the  statutes  of  a  general  and  per-  Revision  reiat- 
mauent  nature,  with  the  index  thereto,  shall  be  printed  in  ;?fctto  the  Di8' 
one  volume,  and  shall  be  entitled  and  labeled  "Revised  June 20,1874,8. 
Statutes  of  the  United  States";  and  the  revision  of  the3'v>18>p>113' 


266   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

statutes  relating  to  the  District  of  Columbia;  to  post-roads, 
and  the  public  treaties  in  force  on  the  first  day  of  Decem- 
ber, one  thousand  eight  hundred  and  seventy- three,  with  a 
suitable  index  to  each,  shall  be  published  in  a  separate 
volume,  and  entitled  and  labeled  "Revised  Statutes  relating 
to  District  of  Columbia  and  Post-Roads.     Public  treaties." 
TO^  be^  stereo-     That  the  Secretary  of  State  shall  cause  the  two  volumes 
^Distribution  to  be  stereotyped  and  such  number  of  each  volume  to  be 
anidem68  4        printed  and  substantially  bound  at  the  Government  Print- 
seenote  i.       ing  Office  as  he  may  deem  needful,  for  public  distribution 
as  hereinafter  provided,  and  for  sale  by  his  office. 

i898Ct  Marcb  15'     SEC.  4.  Hereafter  the  Secretary  of  State  shall  cause  to  be 
TJ.'  s.  statutes  delivered  to  the  Superintendent  of  Documents  the  Revised 
Documents upt'Statutes'  supplements  thereto,  session  laws,  and  Statutes 
seep.23s!       at  Large,  to  supply  deficiencies,  and  to  be  sold  by  him  un- 
der the  provisions  of  section  sixty-one  of  the  Act  approved 
January  twelfth,  eighteen  hundred  and  ninety-five,  entitled 
"An  Act  providing  for  the  public  printing  and  binding  and 
distribution  of  public  documents." 

[The  statutes  of  the  United  States  are  edited,  printed,  stereotyped 
and  distributed,  in  accordance  with  law,  under  the  direction  of  the 
Secretary  of  State.  They  arc  sold  at  the  cost  of  the  paper,  presswork, 
and  binding,  with  ten  per  cent  added  thereto,  to  any  person  applying 
for  .the  same. 

Under  section  8  of  the  act  of  Congress  approved  June  20, 1874,  vol. 
18,  p.  113,  the  printed  copies  of  the  acts  of  Congress,  as  edited  and 

Note  1.— Whenever  a  power  is  given  by  a  statute  everything  necessary  to  the  mak- 
ing of  it  effectual  or  requisite  to  attain  the  end  is  implied.  (1  Kent  s  Com.,  464; 
Quoted  in  Op.,  XV,  p.  213.) 

Where  power  ia  given  by  a  statute  to  public  officers  in  permissive  language,  as 
they  "  may  if  deemed  advisable  "  do  certain  thing,  the  language  used  will  be  regarded 
as  peremptory  when  the  public  interests  or  individual  rights  require  that  it  should 
be.  (Wallace,  S.  C.,  IV,  p.  709.) 

Where  a  statute  imposes  a  particular  duty  on  an  executive  officer  and  he  has  acted 
(performing  the  duty  to  his  understanding  of  the  statute)  there  is  no  appeal  from 
his  action  to  the  President  or  to  any  other  executive  officer,  unless  such  appeal  is 
provided  for  by  law.  (Op..  XVI,  317,  Devens,  May  2,  1879.) 

When  the  intent  and  meaning  of  a  statute  is  expressly  declared  by  a  provision 
therein,  to  carry  out  that  intent  all  other  parts  of  the  act  must  yield.  A  proviso  in 
an  act  "  repugnant  to  the  purview  thereof  is  not  void,  but  stands  as  the  last  expres- 
sion of  the  legislative  will."  (Op.,  XV,  p.  74.  Quotes  Farmers'  Bank  v.  Hale,  59 
N.  Y.,  53.) 

A  general  repealing  clause,  such  as  is  often  introduced  at  the  close  of  enactments, 
may  make  the  legislative  intent  clearer,  but  it  is  not  necessary  to  give  effect  to  the 
legislation  otherwise  expressed.  (C.  C.,  XX,  323.  Fisher's  case.) 

A  later  statute,  in  the  affirmative  and  general,  does  not  take  away  a  former  act 
which  is  particular  and  special.  Sundry  cases  cited.  (Op.,  VI,  p.  45,  Cushing.> 

An  earlier  law  is- never  to  be  taken  as  repealed  by  a  later,  without  words  to  that 
effect,  unless  they  be  so  inconsistent  that  both  cannot  stand  together.  (Op.,  IX, 
p.  48,  Black.)  The  earlier  is  never  abrogated  by  the  later  unless  the  two  are  so 
flatly  repugnant  that  they  can  not  possibly  stand  together.  Any  reasonable  inter- 
pretation is  to  be  adopted  which  may  be  necessary  to  prevent  one  from  interfering 
with  the  other.  (Idem,  p.  122.) 

No  statute,  however  positive  in  terms,  is  to  be  construed  as  designed  to  interfere 
with  existing  rights  of  action  or  vested  rights  unless  the  intention  that  it  should  so 
operate  is  expressly  declared  or  necessarily  implied.  (C.  C.,  IX,  p.  106,  S.  (."..  \Val- 
lace,  XX,  p.  179.) 

A  statute  may  not  be  repealed,  yet  its  subject-matter  may  expire  and  the  act 
become  inoperative.  (C.  C.,  Ill,  152,  Wallace,  62. ) 

In  all  statute  law,  the  particular  provision,  especially  whenever  subsequent, 
restrains  and  modifies  the  general.  (Op.,  IV,  p.  182.) 

In  construing  statutes  aid  may  be  derived  from  attention  to  the  state  of  things  as 
it  appeared  to  the  legislature  when  the  statute  was  enacted.  (S.  C.,  Otto,  99,  p.  48.) 

The  principle  is  well  settled  that  statutes  are  to  be  construed  as  operative  pros- 
pectively  only,  unless  their  language  clearly  and  imperatively  demands  that  retro- 
spective effect  shall  be  given  them.  (Op.,  XV,  pp.  222,  259.)  A  retroactive  effect, 
especially  when  it  would  be  a  violation  of  contracts,  is  not  to  be  given  to  the  words  of 
a  statute  unless  they  are  too  express  to  admit  of  any  other  interpretation.  (Op.,  IV, 
p.  141.) 

No  effect  can  be  given  by  the  judiciary  to  an  act  of  Congress  which  seeks  to  declare 
retrospectively  the  legal  effect  to  be  given  to  other  statutes.  (C.  C.,  VII,  109  Wal- 
lace, VIII,  330.) 

Every  law  is  presumed  to  be  prospective  in  its  operation  unless  the  contrary  clearly 
appears.  (Op.,  XV,  183.) 


REVISED  STATUTES  AND  STATUTES  AT  LARGE.      267 

printed  and  issued  under  the  direction  of  the  Secretary  of  State,  are 
"  legal  evidence  of  the  laws  and  treaties  therein  contained,  in  all  the 
courts  of  the  United  States  and  of  the  several  States  therein." 

The  sixth  section  of  the  act  of  Congress  approved  June  20,  1874, 
provides  for  the  distribution  to  the  Navy  Department,  including  those 
for  the  use  of  the  officers  of  the  Navy,  of  one  hundred  copies  of  the 
pamphlet  edition  of  the  acts  and  resolves  of  Congress  at  the  close  of 
each  session;  and  the  seventh  section  of  the  same  act  provides  for 
distribution  of  the  bound  copies  of  the  Statutes  at  Large  for  each 
Congress  as  follows:  "To  the  Navy  Department,  including  a  copy  for 
the  library  at  the  Naval  Academy  at  Annapolis,  a  copy  for  the  library 
of  each  navy-yard  in  the  United  States,  a  copy  for  the  library  of  the 
Brooklyn  Naval  Lyceum,  and  a  copy  for  the  library  of  the  Naval  Insti- 
tute at  Chaiiestown,  Mass.,  sixty-five  copies."  * 

Joint  Resolution  No.  22,  approved  May  22, 1878,  v.  20,  p.  251,  provided 
for  the  distribution  of  the  second  edition  of  the  Revised  Statutes 
recently  printed :  To  the  "Navy  Department,  including  three  copies 
for  the  library  of  the  Naval  Academy  at  Annapolis,  a  copy  for  the 
library  of  each  navy-yard  in  the  United  States,  a  copy  for  the  Brook- 
lyn Naval  Lyceum,  and  a  copy  for  the  library  of  the  Naval  Institute 
at  Charlestown,  Mass.,  seventy  copies." 

Joint  Resolution  No.  44,  approved  June  7,  1880,  v.  21,  p.  308,  provides 
for  the  publication,  sale,  and  distribution  of  a  "supplement  to  the 
Revised  Statutes."  This  supplement  is  "  to  be  taken  to  be  prima  facie 
evidence  of  the  laws  therein  contained  in  all  the  courts  of  the  United 
States  and  of  the  several  States  and  Territories  therein ;  but  shall  not 
preclude  reference  to,  nor  control,  in  case  of  any  discrepancy,  the 
effect  of  any  original  act  as  passed  by  Congress:  Provided,  That 
nothing  herein  contained  shall  be  construed  to  change  or  alter  any 
existing  law." 

The  acts  approved  March  2,  1877,  chap.  82,  s.  4,  v.  19,  p.  268,  and 
March  9,  1878,  chap.  26,  v.  20,  p.  27,  provide  that  after  the  second  edi- 
tion of  the  Revised  Statutes  is  certified  to  under  the  seal  of  the  Secre- 
tary of  State  and  when  printed  and  promulgated  "shall  be  legal 
evidence  of  the  laws  therein  contained,  in  all  the  courts  of  the  United 
States,  and  of  the  several  States  and  Territories,  but  shall  not  pre- 
clude reference  to,  nor  control,  in  case  of  any  discrepancy,  the  effect 
of  any  original  act  as  passed  by  Congress  since  the  first  day  of  Decem- 
ber, eighteen  hundred  and  seventy-three,"] 


268       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

DIVISION  IV. 
MISCELLANEOUS. 


BRIBES,   CONTRIBUTIONS,  PRESENTS,  ETC. 


Sec. 

1546.  Contributions    for     political     pur- 
poses. 
1781.  Prohibition  on  taking,  etc.,  by  Gov- 


Sec. 

,r>4(.is.  Interest  in  claims,  etc. 
5500.  Member    of    Congress      accepting 
bribe,  etc. 


eminent  officers.  5501.  United     States     officer    accepting 

1782.  Taking    compensation    in  matters  j  bribe,  etc. 

to  which  the  United  States  is  a     5502.  Forfeiture  of  office. 


party. 
1784.  Presents  to  superiors. 

5450.  Bribery  of  member  of  Congress. 

5451.  Bribery  of  Government  officers. 


Act  Aug.  15, 1876,  and  Act  Jan.  Ifi,  1883. 
Soliciting  and  receiving  contribu- 
tions for  political  purposes. 

Presents  from  foreign  governments 


Title  is,  chap.e.  SEC.  1546.  No  officer  or  employe"  of  the  Government  shall 
contributions  require  or  request  any  workinginan  in  any  navy-yard  to 
^oses011116*1  pur 'contribute  or  pay  any  money  for  political  purposes,  nor 
1>0Mar.  2, 1867,  s.  shall  any  workingman  be  removed  or  discharged  for  politi- 
3'  see'auts4  Aug. cal  opinion  ;  and  any  officer  or  employe"  of  the  Government 
i5j876,an<i  Jan.  who  shall  offend  against  the  provisions  of  this  section  shall 

be  dismissed  from  the  service  of  the  United  States. 
Title  19.          SEC.  1781.  Every  member  of  Congress  or  any  officer  or 
Prohibition  agent  of  the  Government  who,  directly  or.  indirectly,  takes, 
sTderaUonCfor  rece*ves'  O1   a8Tees  *°  receive,  any  money,  property,  or 
proceui?n^OIconr  other  valuable  consideration  whatever,  from  any  person  for 
trjv!f'^.6  i8626tv'  Pr°curing,  or  aiding  to  procure,  any  contract,  office,  or 
12,  V  5Y7 ;  Feb!  place,  from  the  Government,  or  any  Department  thereof, 
696.1863' v<  12>  P' or  fr°m  any  officer  of  the  United  States,  for  any  person 
'see  note  i.       whatever,  or  forgiving  any  such  contract,  office  or  place 
to  any  person  whomsoever,  and  every  person  who.  directly 
or  indirectly,  oifers  or  agrees  to  give,  or  gives,  or  bestows 
any  money,  property,  or  other  valuable  consideration  what- 
ever, for  the  procuring  or  aiding  to  procure  any  such  con- 
tract, office,  or  place,  and  every  member  of  Congress  who, 
directly  or  indirectly,  takes,  receives,  or  agrees  to  receive 
any  money,  property,  or  other  valuable  consideration  what- 
ever after  his  election  as  such  member,  for  his  attention 
to,  services,  action,  vote,  or  decision  on  any  question,  mat- 
ter, cause,  or  proceeding  which  may  then  be  pending,  or 
may  by  law  or  under  the  Constitution  be  brought  before 
him  in  his  official  capacity,  or  in  his  place  as  such  member 
of  Congress,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  imprisoned  not  more  than  two  years  and  fined  not 
more  than  ten  thousand  dollars.    And  any  such  contract 
or  agreement  may,  at  the  option  of  the  President,  he 
declared  absolutely  null  and  void ;  and  any  member  of 
Congress  or  officer  convicted  of  a  violation  of  this  section, 
shall,  moreover,  be  disqualified  from  holding  any  office  of 
honor,  profit,  or  trust  under  the  Government  of  the  United 
States. 

Note  1.— Sections  1781  and  1782  make  it  illegal  for  an  officer  of  the  Unit  «>d  States 
to  have  that  sort  of  connection  with  a  Government  contract  wliicli  an  agent,  attor- 
ney, or  solicitor  assumes  when  he  procures  or  aids  to  procure  such  contract  for 
another,  and  when  he  prosecutes  for  another  against  the  Government  any  claim 
founded  upon  a  Government  contract.  They  forbid  also,  the  receiving  by  officer*, 
for  such  services,  any  compensation,  including  that  of  an  interest  in  the 'contract. 
(Op.,  XIV,  483,  Oct.  29,  1874,  Williams.) 


BRIBES,  CONTRIBUTIONS,  PRESENTS,  ETC.  269 


SEC,  1782.  No  Sen  ator.  Representative,  or  Delegate,  after    uPon  taking 

,-..         ,.'          r  ,.  •         fvi  j          t         i  compensation   in 

his  election  and  during  his  continuance  in  otnce,  and  no  bead  matters  t<>  which 
of  a  Department,  or  other  officer  or  clerk  in  the  employ  cijjjjj!*  8tote-  i8 
the  Government,  shall  receive  or  agree  to  receive  any  com-  j'une'ii,  i864, 
pensation  whatever,  directly  or  indirectly,  for  any  services 


rendered,  or  to  be  rendered,  to  any  person,  either  by  him-  3^42,    contracts 


self  or  another,  in  relation  to  any  proceeding,  contract,  claim  l  ' 


controversy,  charge,  accusation,  arrest,  or  other  matter  or 
thing  in  which  the  United  States  is  a  party,  or  directly  or 
indirectly  interested,  before  any  Department,  court-martial, 
Bureau,  officer,  or  any  civil,  military,  or  naval  commission 
whatever.  Every  person  offending  against  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
imprisoned  not  more  than  two  years,  and  lined  not  more 
than  ten  thousand  dollars,  and  shall,  moreover,  by  convic- 
tion therefor,  be  rendered  forever  thereafter  incapable  of 
holding  any  office  of  honor,  trust,  or  profit  under  the  Gov- 
ernment of  the  United  States. 

SEC.  1784.  No  officer,  clerk,  or  employe  in  the  United 
States  Government  employ  shall  at  any  time  solicit  con-  presents  etc.  to 
tributious  from  other  officers,  clerks,  or  employes  in  the  8llJ^i(irsi870  v 
Government  service  for  a  gift  or  present  to  those  in  a  supe-  le.p.tia.' 
rior  official  position;  nor  shall  any  such  officials  or  clerical 
superiors  receive  any  gift  or  present  offered  or  presented  to 
them  as  a  contribution  from  persons  in  Government  employ 
receiving  a  less  salary  than  themselves  j  nor  shall  any  officer 
or  clerk  make  any  donation  as  a  gift  or  present  to  any  official 
superior.    Every  person  who  violates  this  section  shall  be 
summarily  discharged  from  the  Government  employ. 

SEC.  5-150.  Every  person  who  promises,  offers,  gives,  or  Title  70,  chap.  6. 
causes  or  procures  to  be  promised,  offered  or  given,  any    Bribery    of 
money  or  other  thing  of  value,  or  makes  or  tenders  any  member  of  con- 
contract,  undertaking,  obligation,  gratuity,  or  security  forgrreb.  26,1353,8. 
the  payment  of  money,  or  for  the  delivery  or  convey  an  cec'v<10'P<17L 
of  anything  of  value,  to  any  member  of  either  House  of 
Congress,  either  before  or  after  such  member  has  been 
qualified  or  has  taken  his  seat,  with  intent  to  influence  his 
vote  or  decision  on  any  question,  matter,  cause,  or  proceed- 
ing which  may  be  at  any  time  pending  in  either  House  of 
Congress,  or  before  any  committee  thereof,  shall  be  fined 
not  more  than  three  times  the  amount  of  money  or  value 
of  the  thing  so  offered,  promised,  given,  made  or  tendered, 
or  caused  or  procured  to  be  so  offered,  promised,  given, 
made,  or  tendered,  and  shall  be,  moreover,  imprisoned  not 
more  than  three  years. 

SEC.  5151.  Every  person  who  promises,  offers,  or  gives,  Bribery  of  any 
or  causes  or  procures  to  be  promised,  offered,  or  given,  any  ^erl  states 
money  or  other  thing  of  value,  or  makes  or  tenders  any  con-  July  13,  ISGG,  8. 
tract,  undertaking,  obligation,  gratuity,  or  security  for  the  J 
payment  of  money,  or  for  the  delivery  or  conveyance  o^f'^ef 
anything  of  value,  to  any  officer  of  the  United  States,  orp'.74o.' 
to  any  person  acting  for  or  on  behalf  of  the  United  States 
in  any  official  function,  under  or  by  authority  of  any  depart- 
ment or  office  of  the  Government  thereof,  or  to  any  officer 
or  person  acting  for  or  on  behalf  of  either  House  of  Con- 


270       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

gress,  or  of  any  committee  of  either  House,  or  both  Houses 
thereof,  with  intent  to  influence  his  decision  or  action  on  any 
question,  matter,  cause,  or  proceeding  which  may  at  any 
time  be  pending,  or  which  may  by  law  be  brought  before 
him  in  his  official  capacity,  or  in  his  place  of  trust  or  profit, 
or  with  intent  to  influence  him  to  commit  or  aid  in  commit- 
ting, or  to  collude  in,  or  allow,  any  fraud,  or  make  opportu- 
nity for  the  commission  of  any  fraud,  on  the  United  States, 
or  to  induce  him  to  do  or  omit  to  do  any  act  in  violation  of 
his  lawful  duty,  shall  be  punished  as  prescribed  in  the  pre- 
ceding section. 

Title  70,  chap.  6.     SEC.  5498.  Every  officer  of  the  United  States,  or  person 
officers,  etc.,  in- holding  any  place  of  trust  or  profit,  or  discharging  any 
claims8  *  °  d    in  °^G^  function  under,  or  in  connection  with,  any  E xecutive 
CFeb8'26, 1853,  s.  Department  of  the  Government  of  the  United  States,  or 
2,  v.  10,  p.  170.      un(ier  the  Senate  or  House  of  Representatives  of  the  United 
States,  who  acts  as  an  agent  or  attorney  for  prosecuting 
any  claim  against  the  United  States,  or  in  any  manner,  or 
by  any  means,  otherwise  than  in  discharge  of  his  proper 
official  duties,  aids  or  assists  in  the  prosecution  or  support 
of  any  such  claim,  or  receives  any  gratuity,  or  any  share 
of  or  interest  in  any  claim  from  any  claimant  against  the 
United  States,  with  intent  to  aid  or  assist,  or  in  considera- 
tion of  having  aided  or  assisted,  in  the  prosecution  of  such 
claim,  shall  pay  a  fine  of  not  more  than  five  thousand  dol- 
lars, or  suffer  imprisonment  not  more  than  one  year,  or  both. 
Member  of     SEC.  5500.  Any  member  of  either  House  of  Congress  who 
hTffbribe, etcept"  asks,  accepts,  or  receives  any  money,  or  any  promise,  con- 
e  f eio  ^rn53' 8*  tract,  undertaking,  obligation,  gratuity,  or  security  for  the 
1  see  sec'.  5450.    payment  of  money,  or  for  the  delivery  or  conveyance  of 
anything  of  value,  either  before  or  after  he  has  been  quali- 
fied or  has  taken  his  seat  as  such  member,  with  intent  to 
have  his  vote  or  decision  on  any  question,  matter,  cause, 
or  proceeding  which  may  be  at  any  time  pending  in  either 
house,  or  before  any  committee  thereof,  influenced  thereby, 
shall  be  punished  by  a  fine  not  more  than  three  times  the 
amount  asked,  accepted,  or  received,  and  by  imprisonment 
not  more  than  three  years. 

united  states     SEC.  5501.  Every  officer  of  the  United  States,  and  every 
bribeyetcc.cep  IS  person  acting  for  or  on  behalf  of  the  United  States,  in  any 
62J"lyi43'  J86?68-  official  capacity  under  or  by  virtue  of  the  authority  of  any 
July' is,' 1866,  s!  department  or  office  of  the  Government  thereof;  and  every 
Mar^ise?',  8.86,;  officer  or  person  acting  for  or  on  behalf  of  either  House  of 
v.i 2,  p.  740.'      '  Congress,  or  of  any  committee  of  either  House,  or  of  both 
under  claims.    '  Houses  thereof,  wlio  asks,  accepts,  or  receives  any  money, 
or  any  contract,  promise,  undertaking,  obligation,  gratuity, 
or  security  for  the  payment  of  money,  or  for  the  delivery  or 
conveyance  of  anything  of  value,  with  intent  to  have  his 
decision  or  action  on  any  question,  matter,  cause,  or  pro- 
ceeding which  may,  at  any  time,  be  pending,  or  which  may 
be  by  law  brought  before  him  in  his  official  capacity,  or  in 
his  place  of  trust  or  profit,  influenced  thereby,  shall  be 
punished  as  prescribed  in  the  preceding  section. 

Forfeiture    of     SEC.  5502.  Every  member,  officer,  or  person,  convicted 
under  the  provisions  of  the  two  preceding  sections,  who 


BRIBES,  CONTRIBUTIONS,  PRESENTS,  ETC.  271 

holds  any  place  of  profit  or  trust,  shall  forfeit  his  office  or  6  Feb.  20 .isss,  s. 
place;  and  shall  thereafter  be  forever  disqualified  from  ' 
holding  any  office  of  honor,  trust,  or  profit  under  the  United 
States. 

That  all  executive  officers  or  employees  of  the  United  Aug.  is,  1876. 
States  not  appointed  by  the  President,  with  the  advice  and    contributions 
consent  of  the  Senate,  are  prohibited  from  requesting,  giv-  JjJJ^jJjJJ1 
ing  to,  or  receiving  from,  any  other  officer  or  employee  of   Aug.  35,  ISTU, 
the  Government,  any  money  or  property  or  other  thing  of  jJifJJ1 8>  6>  v>  19' 
value    for  political  purposes;    and    any  such    officer   or 
employee  who  shall  offend  against  the  provisions  of  this 
section  shall  be  at  once  discharged  from  the  service  of  the 
United  States;  and  he  shall  also  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  shall  be  fined  in  a 
sum  not  exceeding  five  hundred  dollars. 

N  o  Senator,  or  Eepreseutative,  or  Territorial  Delegate  of  Jan.  i6,i883. 
the  Congress,  or  Senator,  Bepresentative,  or  Delegate  elect, "  Assessment, 
or  any  officer  or  employee  of  either  of  said  houses,  and  no  l^^lf'f^f. 
executive,  judicial,  military,  or  naval  officer  of  the  United  den. 
States,  and  no  clerk  or  employee  of  any  department,  branch,  Chj2a7^8.  n,'?8!! 
or  bureau  of  the  executive,  judicial,  or  military  or  navalL.,'p.ko6.  ' 
service  of  the  United  States,  shall,  directly  or  indirectly, 
solicit  or  receive,  or  be  in  any  manner  concerned  in  solicit- 
ing or  receiving,  any  assessment,  subscription,  or  contribu- 
tion for  any  political  purpose  whatever,  from  any  officer, 
clerk,  or  employee  of  the  United  States,  or  any  department, 
branch,  or  bureau  thereof,  or  from  any  person  receiving  any 
salary  or  compensation  from  moneys  derived  from  the 
Treasury  of  the  United  States. 

No  person  shall,  in  any  room  or  building  occupied  in  the  ibid.,  s.  12. 
discharge  of  official  duties  by  any  officer  or  employee  of 
the  United  States  mentioned  in  this  act,  or  in  any  navy- 
yard,  fort,  or  arsenal,  solicit  in  any  manner  whatever,  or 
receive  any  contribution  of  money  or  any  other  thing  of 
value  for  any  political  purpose  whatever. 

No  officer  or  employee  of  the  United  States  mentioned  ibid.,  s.  13. 
in  this  act  shall  discharge,  or  promote,  or  degrade,  or  in 
manner  change  the  official  rank  or  compensation  of  any 
other  officer  or  employee,  or  promise  or  threaten  so  to  do, 
for  giving  or  withholding  or  neglecting  to  make  any  con- 
tribution of  money  or  other  valuable  thing  for  any  political 
purpose. 

No  officer,  clerk,  or  other  person  in  the  service  of  the  ibid.,s.H. 
United  States  shall,  directly  or  indirectly,  give  or  hand 
over  to  any  other  officer,  clerk,  or  person  in  the  service  of 
the  United  States,  or  to  any  Senator  or  Member  of  the 
House  of  representatives,  or  Territorial  Delegate,  any 
money  or  other  valuable  thing  on  account  of  or  to  be  applied 
to  the  promotion  of  any  political  object  whatever. 

Any  person  who  shall  be  guilty  of  violating  any  provi-    ibid.,  s.  15. 
sion  of  the  four  foregoing  sections  shall  be  deemed  guilty  fonts  from 


jvern- 


of  a  misdemeanor,  and  shall,  on  conviction  thereof,  be  ments.  see  arti- 

puiiished  by  a  fine  not  exceeding  five  thousand  dollars,  orernml0nttbofst°he 

by  imprisonment  for  a  term  not  exceeding  three  years, 

or  by  such  fine  and  imprisonment  both,  in  the  discretion  of 

the  court,  i7Scmt°Dipioe 

matic  Officers. 


272   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


BOUNTY,  ETC. 

Sec.  !  Se*. 

4635.  Bounty  for  destruction  of  vessels.        4723.  Bounty  to  colored  soldiers. 


4642.  Distribution  of  bounty,  etc. 

4643.  Assignments  of  prize  money  and 

bounty. 


Bounty  to  sailors  and  marines. 
Act  July  4, 1864.    Bounty  for  enlist- 
ing. 


Title  5*.  SEC.  4635.  A  bounty  shall  be  paid  by  the  United  States 

Bounty  for  "per-  for  each  person  oil  board  any  ship  or  vessel  of  war  belong- 

sons  on  boarding  to  au  enemy  at  the  commencement  of  an  engagement. 

vessels    sunk    or      ,&.    .     .  t          •    j.i  i    • 

destroyed.  which  is  sunk  or  otherwise  destroyed  in  such  engagement 
s  f^vtislp.sio?'  ky  any  ship  or  vessel  belonging  to  the  United  States  or 
AS  to  'bounty  which  it  may  be  necessary  to  destroy  iu  consequence  of 
vcssefs^ugagcd  injures  sustained  in  action,  of  one  hundred  dollars,  if  the 
in  tbesiayo  trade  enemy's  vessel  was  of  inferior  force,  and  of  two  hundred 

with  Aincanson  -.    -.-.     *•/?,-•  i  f  i        j  •     •  i     i 

board,  see  under  dollars,  if  ot  equal  or  superior  force,  to  be  divided  among 
S1See \n™Q\'  tue  on^cers  ail(l  crew  in  the  same  manner  as  prize-money; 
and  when  the  actual  number  of  men  on  board  any  such  ves- 
sel cannot  be  satisfactorily  ascertained,  it  shall  be  estimated 
according  to  the  complement  allowed  to  vessels  of  its  class 
in  the  Navy  of  the  United  States;  and  there  shall  be  paid 
as  bounty  to  the  captors  of  any  vessel  of  war  captured 
from  an  enemy,  which  they  may  be  instructed  to  destroy, 
or  which  is  immediately  destroyed  for  the  public  interest, 
but  not  in  consequence  of  injuries  received  in  action,  fifty 
dollars  for  every  person  who  shall  be  on  board  at  the  time 
of  such  capture. 

Note  1. — The  term  "allowances,"  when  employed  in  a  general  sense,  has  been 
regarded  as  including  bounty.  Thus,  see  XIII,  top.,  197,  where  it  is  held  that  the 
general  forfeiture  of  pay  and  allowances  duo  at  the  date  of  o  flense,  imposed  upon 
deserters  by  paragraph  1358,  Army  Regulations,  embraced  instalments  of  bounty 
due  at  the  time  of  the  desertion ;  also  United  States  v.  Landers,  2  Otto,  77,  where  the 
court  goes  so  far  as  to  hold  that  a  forfeiture  of  "pay  and  allowances"  imposed  by 
sentence,  includes  bounty.  (Winthrop's  Digest,  p.  132.) 

Service  rendered  since  the  3d  of  March,  1855,  including  the  late  rebellion,  does  not 
entitle  to  bounty  lands.  Only  one  warrant  for  one  hundred  and  sixty  acres  can  issue 
to  a  soldier  for  any  and  all  service. 

Where  service  has  been  rendered  by  a  substitute,  he  is  the  person  entitled  to  bounty 
land,  and  not  his  employer. 

Applications  for  bounty-land  warrants  must  be  made  to  the  Commissioner  of  Pen- 
sions; correspondence  in  relation  to  bounty  in  money  should  bo  addressed  to  the 
Second  Auditor  of  the  Treasury.  (Pension  Office  Decisions.) 

Officers  and  privates  dismissed  the  service  without  trial,  and  remanded  to  the  serv- 
ice, by  the  President,  but  who,  not  receiving  the  order  of  the  President,  did  not 
return  to  the  service,  are,  notwithstanding,  entitled  to  bounty  land.  (Pension  Olti re 
Decisions.) 

Where  any  portion  of  the  Marine  Corps  in  tlio  several  wars  referred  to  in  the  act 
of  September  28,  1850,  was  embodied  with  the  Army  in  the  field  and  performed  serv- 
ice as  apart  of  the  Army,  it  is  entitled  to  bounty  land.  (Idem.) 

The  word  "service"  in  bounty-land  acts  refers  to  that  of  tho  soldier,  not  of  his 
company. 

Claim'of  a  soldier  can  bo  valid  only  on  pno  of  tho  following  conditions :  1 .  Must 
have  been  regularly  mustered  into  the  United  States  service.  2.  That  tho  Her  v in  s 
were  paid  for  by  the  United  States.  3.  That  ho  served  with  the  armed  forces  of  the 
United  States,  subject  to  the  military  orders  of  a  United  States  officer.  (Idem.) 

The  entire  portion  of  the  Marine  Corps,  whether  they  served  on  shipboard  or  land 
on  the  Mexican  coast  or  in  the  interior,  in  the  Mexican  war,  are  to  be  considered 
within  the  true  meaning  of  tho  resolution  of  the  10th  of  August,  1848,  as  having 
"served  with  tho  Army  in  tho  war  with  Mexico,"  and  entitled  to  the  bounty  l;ind 
and  other  remuneration  which  that  resolution  provides.  I'.ut  in  awarding  it  to  such 
as  received  prize  money,  such  money  should,  in  the  account,  be  carried  to  the  credit 
of  the  Government.  (Op.,  5,  p.  155,  Sept.  17, 1849,  Johnson. ) 

Under  the  act  of  March  3,  1855,  and  sections  2425  to  2429, 11.  S.,  members  of  the 
Marine  Corps  and  their  representatives  would  bo  entitled  to  bounty  laud  without 
relinquishing  or  returning  prize  money,  etc.  (Pension  Office  Decisions.) 

Not  entitled  to  bounty  land  for  service  in  a  United  States  ship  not  engaged  in  tlio 
Mexican  war;  nor  for  service  during  the  war  in  a  war  vessel  on  the  coast  of  Africa. 
(Idem.) 

Pardon  by  tlio  President  for  participation  in  the  late  rebellion  does  not  authorize 
the  allowance  of  bounty  land,  the  right  to  which  is  tho  subject  of  a  eluini  against  the 
Government  and  is  governed  by  the  provisions  of  the  joint  resolution  of  March  2, 
1867.  (Pension  Oflico  Decisions.') 


DISTRIBUTION    OF    BOUNTY   AND    PRIZE    MONEY.  273 

Sec.  4642.  All  ransom  money,  salvage,  bounty,  or  pro-bo^8ttri^lctionof 
ceeds  of  condemned  property  accruing  or  awarded  to  any 
vessel  of  the  Navy  shall  be  distributed  and  paid  to  the 
officers  and  men  entitled  thereto,  in  the  same  manner  as 
prize  money,  under  the  direction  of  the  Secretary  of  the 
Navy. 

Sec.  4643.  Every  assignment  of  prize  or  bounty  money  Assignments  of 
due  to  enlisted  persons  in  the  naval  service,  and  all  powers  Cntynoney  and 
of  attorney  or  other  authority,  to  draw,  receipt  for,  or  trans-  ^(Bg  B.  sos^of 
fer  the  same  shall  be  void  unless  the  same  be  attested  by  ty°to  soiiiiers^Ts 
the  captain  or  other  commanding  officer,  and  the  paymaster.  SP^appropSa- 

tion.] 

SEC.  4723.  All  colored  persons  who  enlisted  in  the  Army      Title  57. 
during  the  war  of  the  rebellion,  and  who  are  now  prohib-    colored  soi- 
ited  from  receiving  bounty  and  pension  on  account  of  being  S1^^™1164  aa 
borne  on  the  rolls  of  their  regiments  as  a  slaves,"  shall  be   icar.8ii8re.eh. 
placed  on  the  same  footing,  as  to  bounty  and  pension,  as  ^J'^fxv^  *p. 
though  they  had  not  been  slaves  at  the  date  of  their  enlist-  474. 
rnent. 

That  persons  hereafter  enlisted  into  the  naval  service  or  July  i,  ise*. 
marine  corps  during  the  present  war  shall  be  entitled  to  s.  4,  v.  is,  p.  342. 
receive  the  same  bounty  as  if  enlisted  in  the  Army    *    *     * 


Every  volunteer  who  is  accepted  and  mustered  into  the  juiy  *,  ise*. 
service  for  a  term  of  one  year,  unless  sooner  discharged,    Bounty  for  en- 
shall  receive,  and  be  paid  by  the  United  States,  a  bounty  listing. 
of  one  hundred  dollars;  and  if  for  a  term  of  two  years,    siiote'?; 
unless  sooner  discharged,  a  bounty  of  two  hundred  dollars  ; 

Notel.  —  The  foregoing  act  repeals  the  joint  resolution  of  Fehruary  24,  1864,  con- 
ferring on  seamen  and  ordinary  seamen  a  bounty  equal  to  three  months  pay  on  their 
enlisting  in  tho  Navy. 

Note  2.—  April  22,  1872,  chap.  114,  v.  17,  p.  55,  authorizes  $100  bounty  to  all  volunteers 
who  enlisted  prior  to  July  22,  1861,  for  three  years,  and  were  mustered  into  service 
before  August  6,  1861,  if  they  were  honorably  discharged  and  had  not  received  the 
same  for  such  service. 

Two  and  three  years'  men  who  enlisted  between  April  12,  1861,  and  December  24, 
1803,  or  between  April  1,  1864,  and  July  18,  1864,  are  entitled  to  $100  bounty  under 
act  of  July  22,  1861,  chap.  9,  v.  12,  p.  270,  provided  they  served  two  years  or  more  as 
enlisted  men,  or  were  honorably  discharged  as  such  on  account  of  wounds  received 
in  line  of  duty  before  two  years'  service.  If  discharged  before  serving  two  years, 
and  died  before  July  28,  1866,  of  disease  contracted  in  the  service,  his  heirs  are  en- 
titled to  the  additional  bounty  under  act  of  July  28,  1866,  chap.  296,  v.  14,  p.  322.  If 
a  soldier  died  in  the  service,  his  heirs  became  entitled  to  any  bounty  to  which  the 
soldier  would  have  been  entitled  under  his  contract. 

The  act  of  July  28,  1866,  gave  an  additional  bounty  of  $100  to  men  who  enlisted 
and  served  for  three  years  from  April  19,  1861,  and  $50  to  thnse  Avho  enlisted  and 
served  for  two  years  from  April  14,  1861.  Not  given  to  any  one  if  the  soldier  was  enti- 
tled to  receive,  at  any  time,  a  greater  bounty  than  $100  under  any  other  act  or  acts. 

Draftednien,  enrolled  from  March  3,  1863,  to  Septembers,  1864,  forthreeyears,  or  men 
who,  from  March  3,  1863,  to  September  5,  1864,  enlisted  for  three  years  as  substitutes 
for  drafted  men,  are  only  entitled  by  act  of  March  3,  1863,  to  $100  bounty,  if  they 
served  two  years  or  more,  or  were  discharged  by  reason  of  wounds  received  in  line 
of  duty  before  two  years'  service.  Neither  they  nor  their  heirs  are  entitled  to  addi- 
tional bounty  under  act  of  July  28,  1866. 

Under  the  act  of  July  4,  1864,  v.  13,  p.  379,  if  discharged  "because  of  wounds 
received  in  the  line  of  duty,"  the  volunteer  became  entitled  to  the  full  amount  of 
bounty  therein  provided  ;  but  if  discharged  "because  of  services  no  longer  required," 
or  by  "  close  of  war,"  ho  has  no  claim  for  balance  of  bounty. 

All  soldiers  discharged  by  reason  of  wounds  received  in  "battle,  or  in  line  of  duty, 
are  entitled  by  acts  ot  March  3,  1863,  March  3,  1865,  and  joint  resolution  of  April  12, 
1866,  to  receive  the  same  bounty  they  would  have  received  had  they  served  their  full 
term  of  enlistment.  The  word  wound  is  held  to  mean  injury  from  violence  received 
in  line  of  duty.  Bounty  depends  upon  being  discharged  by  reason  of  the  wound. 

No  bounty  is  paid  for  enlistments  made  before  April  12,  1861,  nor  for  100  days,  or 
three,  six,  and  nine  months'  men;  nor  for  one  year's  men  enlisting  prior  to  July  18, 
1864;  nor  to  volunteers  who  enlisted  after  April  30,  1865.  (From  circular  of  Second 
Auditor,  March  3,  1880.) 

The  same  bounties  (as  to  the  duration  of  enlistment,  amounts  and  modes  of  pay- 
ment) are  to  be  paid  to  "persons  "  of  all  grades  who  have,  since  the  1st  of  July,  1864, 

376  -  18 


274       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,    ETC. 

and  if  for  a  term  of  three  years,  unless  sooner  discharged, 
a  bounty  of  three  hundred  dollars;  one-third  of  which 
bounty  shall  be  paid  to  the  soldier  at  the  time  of  his  being 
mustered  into  the  service,  one-third  at  the  expiration  of 
one-half  of  his  term  of  service,  and  one-third  at  the  expira- 
tion of  his  term  of  service.  And  in  case  of  his  death  while 
in  service,  the  residue  of  his  bounty  unpaid  shall  be  paid 
to  his  widow,  if  he  shall  Lave  left  a  widow;  if  not,  to  his 
children,  or  if  there  be  none,  to  his  mother,  if  she  be  a 
widow. 

####*## 

[An  act,  approved  March  3,  1865,  chap.  124,  s.  5,  v.  13,  p.  539,  pro- 
vides that  no  person  appointed  or  rated  au  officer  or  clerk  in  the  Navy, 
shall  receive  aiiy  bounty  while  holding  such  appointment.] 


COAST   SURVEY. 


Sec.  i  Sec. 

4683.  Mode  of  conducting  surveys.               4687.  Mazmerof  employment  pf  officers  of 

4684.  Employment  of  officers  of  Army  and  Army  and  Navy. 

Navy.                                                       4688.  Allowance  for  subsistence. 

4685.  Power  to  use  books,  etc.,  and  to  em-  !  -  Naval   officers    attached   to    Coast 

ploy  persons.  Survey,  etc. 

4686.  Power  to  employ  vessels.                           76.  Disposal  of  charts. 

Title  56.          SEC.  4683.  All  appropriations  made  for  the  work  of  sur- 

Mode  of  con-  veying  the  coast  of  the  United  States  shall  be  expended  in 

dlS»rg3tws*8'  accordance  with  the  plan  of  reorganizing  the  mode  of  exe- 

1,  \.  5,  p!  640.'    cuting  the  survey  which  has  been  submitted  to  the  Presi- 

dent by  a  board  of  officers  organized  under  the  act  of  March 
three,    eighteen    hundred    and    forty-three,   chapter    one 
hundred. 
Employment  of     SEC.  4684.  The  President  shall  carry  into  effect  the  plan 

aSi  Navy.  Army  of  the  board,  as  agreed  upon  by  a  majority  of  its  members  ; 
JWrt-  and  shall  cause  to  be  employed  as  many  officers  of  the 

^I»A  p.,  p.  ^rmy  au(|  Nayy  of  the  United  States  as  will  be  compatible 
with  the  successful  prosecution  of  the  work  ;  the  officers  of 
the  Navy  to  be  employed  on  the  hydrographical  parts,  and 
the  officers  of  the  Army  on  the  topographical  parts  of  the 
work;  and  no  officer  of  the  Army  or  Navy  shall  receive 
any  extra  pay  out  of  any  appropriations  for  surveys. 
Power  to  use  SEC.  4685.  The  President  is  authorized,  in  executing  the 

to°empk>yM  per*  provisions  of  this  Title,  to  use  all  maps,  charts,  books,  instru- 

sons.  ments,  and  apparatus  belonging  to  the  United  States,  and 

2,  v.'^fp1  57L3"'  *'  to  direct  where  the  same  shall  be  deposited,  and  to  employ 

all  persons  in  the  laud  or  naval  service  of  the  United  States, 


enlisted,  or  who  may  thereafter  enlist,  into  the  Navy  or  Marine  Corpsof  the  I'niied 
States. 

Enlisted  men  advanced  after  enlistment  to  any  higher  grade  or  rating  do  not 
thereby  forfeit  their  right  to  any  future  instalment  of  bounty.  (Fourth  Auditor, 
llules  1864.) 

Whore  a  soldier  was  enlisted  in  the  Army  as  a  volunteer  in  December,  l.-'til,  for 
three  years,  but  afterward,  and  before  tbe  expiration  of  his  term  of  enlistment,  was 
voluntarily  transferred  to  the  naval  service,  in  which  he  served  out  the  remainder  of 
his  term:  Held,  That  he  i.s  not  entitled  to  the  additional  bonnlv  provided  l>v  the  act 
of  July  28,  1866,  chap.  296.  (Op.,  XIV,  223,  April  23,  1873,  Williams.) 

Where  a  soldier  deserted,  subsequently  surrendered  himself,  was  restored  to  duty, 
and  finally  "honorably  discharged,"  the  fact  of  the  mark  of  desertion  standing 
against  him  is  no  impediment  to  his  receiving  bounty  (  Kelly's  case.  Supreme  Ci.urt, 
lf>  Wallace,  p.  34.)  See  sec.  2,  act  of  August  14,  1888,  title,  "Deserters  aud  desertion," 
Division  1. 


COAST    SURVEYS COLLISIONS,  ETC.  275 

and  such  astronomers  and  other  persons,  as  he  shall  deem 
proper. 

SEC.  4686.  The  President  is  authorized,  for  any  of  the  Power  to  em- 
purposes  of  surveying  the  coast  of  the  United  States,  to  plS5£jSaSw,  8. 
cause  to  be  employed  such  of  the  public  vessels  in  actual3,v.2,p.4i4;Apr.' 
service  as  he  deems  it  expedient  to  employ,  and  to  give  p^as!8' 8t  *' v' 3' 
such  instructions  for  regulating  their  conduct  as  he  deems 
proper,  according  to  the  tenor  of  this  Title. 

SEC.  4687.  Officers  of  the  Army  and  Navy  shall,  as  far 
as  practicable,  be  employed  in  the  work  of  surveying  the 
coast  of  the  United  States,  whenever  and  in  the  manner  ^J^^  1844 
required  by  the  Department  having  charge  thereof.  i,v.  5?pp.  esi,  ew*. 

SEC.  4688.  The  Secretary  of  the  Treasury  may  make  such  f^J^I;0  for 
allowances  to  the  officers  and  men  of  the  Army  and  Navy,  8Ujune i2,ci858, a. 
while  employed  on  Coast  Survey  service,  for  subsistence,  ^Qv-  n»  PP-  319- 
in  addition  to  their  compensation,  as  he  may  deem  neces-  See  note  to  this 
sary,  not  exceeding  the  sum  authorized  by  the  Treasury  j 
regulation  of  the  eleventh  day  of  May,  eighteen  hundred  ic 
and  forty-four. 

Nor  shall  there  hereafter  be  made  any  allowance  for  sub-  Aug.  so,  isoo. 
sistence  to  officers  of  the  Navy  attached  to  the  Coast  and  ~N^vai  officers 
Geodetic  Survey,  except  that  when  officers  are  detached  g^J.1®11 
to  do  work  away  from  their  vessels  under  circumstances  -mJoior 
involving  them  in  extra  expenditures,  the  Superintendent011^  bec  4G88. 
may  allow  to  any  such  officer  subsistence  at  a  rate  not  20  stat.  L'.',  371,' 
exceeding  one  dollar  per  day  for  the  period  actually  covered  par-  2* 
by  such  duty  away  from  such  vessel. 

SEC.  76.  The  charts  published  by  the  Coast  and  Geodetic  ch^f88t  Survey 
Survey  shall  be  sold  at  cost  of  paper  and  printing  as  nearly  c  j^s.',  aec.469i, 
as  practicable;  and  there  shall  be  no  free  distribution  of£v9,J( 
such  charts  except  to  the  Departments  and  officers  of  the  isis?' 
United  States  requiring  them  for  public  use;  and  a  number 
of  copies  of  each  sheet,  not  to  exceed  three  hundred,  to 
be  presented  to  such  foreign  governments,  libraries,  and 
scientific  associations,  and  institutions  of  learning  as  the 
Secretary  of  the  Treasury  may  direct;  but  on  the  order 
of  Senators,  Representatives,  and  Delegates  not  to  exceed 
ten  copies  to  each  may  be  distributed  through  the  Super- 
intendent of  the  Coast  and  Geodetic  Survey. 

COLLISIONS— RULES  OF  THE  SEA. 

Arts.  1-15.  Lights— Rules  concerning.        I  Rules  16-25.  Steering  and  sailing  rules. 

Art.  16.  Speed  of  ships.  Ft-h.   8,  18D5.   Regulation  of  Navigation 

Arts.  17-27.  Steering  and  sailing  rules. 

Arts.  28-30.  Sound  signals. 

Art.  31.  Distress  signals. 

Sept.  4, 1890.  Collisions  at  sea. 

Feb.  19,  1895.  Regulations  to  prevent  <•<>!- 


on  the  Great  Lakes. 
Rule  1.  Steam  and  sail  vessels. 
Ruli'.s  2-13.  Lights. 
Rules  14-15.  Fog  signals. 

_  _  Unit's  16-28.  Steering  and  sailing  rules, 

lisions  upon  inland  waters.  Rulo  28.  Sec.  2.  Fine. 

Note  1.  Lines  dividing  the  high  seas  from  Sec.  3.  Authority  to  make  regu- 

rivers.  lations.' 


Rule  1 .  Steam  and  sail  vessels. 
Ruli-s  2-14.  Light*. 
Rule  15.  Fog  signals. 


Sec.  4.  Repeal    of    inconsistent 
rules. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That 
the  following  regulations  for  preventing  collisions  at  sea 
shall  be  followed  by  all  public  and  private  vessels  of  the 


276       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

United  States  upon  the  high  seas  and  in  all  icaters  connected 
therewith,  navigable  by  sea-going  vessels. 

Preliminary.  In  the  following  rules  every  steam-vessel  which  is  under 
sail  and  not  under  steam  is  to  be  considered  a  sailing-vessel, 
and  every  vessel  under  steam,  whether  under  sail  or  not,  is 
to  be  considered  a  steam-vessel. 

The  icord  u  steam-vessel"  shall  include  any  vessel  propelled 
by  machinery. 

A  vessel  is  "under  way"  within  the  meaning  of  these  rules 
ichen  she  is  not  at  anchor,  or  made  fast  to  the  shore,  or  aground. 

Aug.  19,  1890,  RULES   CONCERNING   LIGHTS,  AND   SO   FORTH, 

regulations    for 
preventing  colli- 
sions at  •"*•  u     The  word  "  visible"  in  these  rules  when  applied  to  lights 
aSsnof  May  2s,  shall  mean  visible  on  a  dark  night  with  a  clear  atmosphere. 
June  lo/iiSe!     ARTICLE  1.  The  rules  concerning  lights  shall  be  complied 
eui  w^1  *Q  a^  wea^ners  from  sunset  to  sunrise,  and  during  such 
the  iTnitedtfme  no  other  lights  which  may  be  mistaken  for  the  prescribed 

SfcSS^SS  U0ht* shal1  be  wMWto* 

Material     ART.  2.  A  steam-vessel  when  under  way  shall  carry — (a) 

fo™rgactsfin°dT  On  or  in  front  of  the  foremast,  or  if  a  vessel  without  afore- 

cated  by  italics,    mast,  then  in  the  fore  part  of  the  vessel,  at  a  height  above 

2.s&  ld  the  hull  of  not  less  than  twenty  feet,  and  if  the  breadth  of 

the  vessel  exceeds  twenty  feet,  then  at  a  height  above  the 

hull  not  less  than  such  breadth,  so,  however,  that  the  light 

need  not  be  carried  at  a  greater  height  above  the  hull  than 

forty  feet,  a  bright  white  light,  so  constructed  as  to  show 

an  unbroken  light  over  an  arc  of  the  horizon  of  twenty 

points  of  the  compass,  so  fixed  as  to  throw  the  light  ten 

points  on  each  side  of  the  vessel,  namely,  from  right  ahead 

to  two  points  abaft  the  beam  on  either  side,  and  of  such 

a  character  as  to  be  visible  at  a  distance  of  at  least  five 

miles. 

(b)  On  the  starboard  side  a  green  light  so  constructed  as 
to  show  an  unbroken  light  over  an  arc  of  the  horizon  of  ten 

Note  1.—  The  attention  of  all  persons  concerned  is  invited  to  the  changes  in  the 
rules  relating  to  lights,  steering  and  sailing,  etc.,  embodied  in  the  act,  as  amended, 
to  adopt  regulations  for  preventing  collisions  at  sea,  approved  August  19,  1890, 
and  proclaimed  by  the  President,  to  take  effect  July  1, 1897. 

On  and  after  July  1, 1897,  these  rules  are  to  be  followed  by  all  public  and  private 
vessels  of  the  United  States  upon  the  high  seas  and  in  all  waters  connected  there- 
with navigable  by  seagoing  vessels,  except  upon  harbors,  rivers,  and  inland  Avatrrs, 
aiul.upon  the  Great  Lakes  and  their  tributary  waters  as  far  east  as  Montreal. 

Material  changes  from  former  acts  are  indicated  by  italics. 

Amendments  to  the  act  are  shown  by  a  statement  of  the  date  of  the  passage  of 
the  amendment. 

Article  9  of  the  act,  relating  to  fishing  vessels,  was  repealed  May  28, 1894,  and  Con- 
gress by  an  act  approved  August  13, 1894,  reenaoted  article  10  of  the  International 
Regulations  of  1885,  now  in  force,  so  far  as  said  article  relates  to  lights  for  fishing 
vessels.  It  is  inserted,  therefore,  as  reeuacted,  in  place  of  article  9,  repealed,  of  the 
act  of  August  19,  1890. 

The  laws  to  prevent  collisions  upon  the  harbors,  rivers,  and  inland  waters  of  the 
United  States  and  those  relating  to  the  Great  Lakes  follow. 

Note  2. — Regulations  for  preventing  collisions  at  sea  were  adopted  by  act  of  1885, 
March  3,  ch.  354  (33  Stat.  L.,  438),  modifying  R.  S.,  sec.  4233. 

By  act  of  1890,  Aug.  19,  ch.  802  (1  Supp.  R.  S.,  781),  new  regulations  were  substituted 
These  are  amended  by  the  above  act  of  1894. 

When  act  takes     By  sec.  3  of  the  act  of  1890  (1  Supp.  R.  S.,  789),  the  act  was  not  to  take  effect  until 
effect.  a  time  to  be  fixed  by  proclamation  of  the  President.    The  proclamation  of  the  Presi- 

dent was  issued  on  July  13, 1894  (28  Stat.  L.,  p.  1250),  fixing  the  first  day  of  March,  1895, 
as  the  day  on  which  the  act  of  1890,  as  amended  by  the  above  act  or  1894,  is  to  take 
effect. 

But  by  1895,  Feb.  23,  ch.  127,  and  proclamation  issued  in  accordance  therewith,  the 
taking  effect  of  the  act  of  1890  it  postponed  to  a  date  to  be  hereafter  fixed  by  the 
President.  (See,  as  to  lights  on  fishing  vessels,  1894,  Aug.  13,  ch.  284,  and  note.) 


RULES    CONCERNING    LIGHTS,  ETC.  277 

points  of  the  compass,  so  fixed  as  to  throw  the  light  from 
right  ahead  to  two  points  abaft  the  beam  on  the  starboard 
side,  and  of  such  a  character  as  to  be  visible  at  a  distance 
of  at  least  two  miles. 

(c)  On  the  port  side  a  red  light  so  constructed  as  to  show 
an  unbroken  light  over  an  arc  of  the  horizon  of  ten  points 
of  the  compass,  so  fixed  as  to  throw  the  light  from  right 
ahead  to  two  points  abaft  the  beam  on  the  port  side,  and  of 
such  a  character  as  to  be  visible  at  a  distance  of  at  least 
two  miles. 

(d)  The  said  green  and  red  side-lights  shall  be  fitted  with 
inboard  screens  projecting  at  least  three  feet  forward  from 
the  light,  so  as  to  prevent  these  lights  from  being  seen 
across  the  bow. 

(e)  A  steam-vessel  when  under  way  may  carry  an  additional 
white  light  similar  in  construction  to  the  light  mentioned  in 
subdivision  (a).     These  two  lights  shall  be  so  placed  in  line 
with  the  keel  that  one  shall  be  at  least  fifteen  feet  higher  than 
the  other,  and,  in  such  a  2wsition  with  reference  to  each  other 
that  the  lower  light  shall  be  forward  of  the  upper  one.     The 
vertical  distance  between  these  lights  shall  be  less  than  the  hori- 
zontal distance. 

ART.  3.  A  steam-vessel  when  towing  another  vessel  shall, 
in  addition  to  her  side-lights,  carry  two  bright  white  lights 
in  a  vertical  line  one  over  the  other,  not  less  than  six  feet  . 
apart,  and  when  towing  more  than  one  vessel  shall  carry  an 
additional  bright  white  light  six  feet  above  or  below  such  light, 
if  the  length  of  the  tow  measuring  from  the  stern  of  the  towing 
vessel  to  the  stern  of  the  last  vessel  towed  exceeds  six  hundred 
feet.  Each  of  these  lights  shall  be  of  the  same  construction 
and  character,  and  shall  be  carried  in  the  same  position  as 
the  white  light  mentioned  in  article  two  (a),  excepting  the 
additional  light,  which  may  be  carried  at  a  height  of  not  less 
than  fourteen  feet  above  the  hull. 

Such  steam-vessel  may  carry  a  small  white  light  abaft  the 
funnel  or  aftermast  for  the  vessel  towed  to  steer  by,  but  such 
light  shall  not  be  visible  forward  of  the  beam. 

ART.  4.  (a)  A  vessel  which  from  any  accident  is  not  under 
command  shall  carry  at  the  same  height  as  a  white  light 
mentioned  in  article  two  (a),  icliere  they  can  best  be  seen,  and 
if  a  steam-vessel  in  lieu  of  that  light,  two  red  lights,  in  a  ver- 
tical line  one  over  the  other,  not  less  than  six  feet  apart, 
and  of  such  a  character  as  to  be  visible  all  around  the  hori- 
zon at  a  distance  of  at  least  two  miles;  and  shall  by  day 
carry  in  a  vertical  line  one  over  the  other,  not  less  than  six 
feet  apart,  wliere  they  can  best  be  seen,  two  black  balls  or 
shapes,  each  two  feet  in  diameter. 

(b)  A  vessel  employed  in  laying  or  in  picking  up  a  tele- 
graph cable  shall  carry  in  the  same  position  as  the  white 
light  mentioned  in  article  two  (a),  and  if  a  steam-vessel  in 
lieu  of  that  light,  three  lights  in  a  vertical  line  one  over  the 
other  not  less  than  six  feet  apart.  The  highest  and  lowest 
of  these  lights  shall  be  red,  and  the  middle  light  shall  be 
white,  and  they  shall  be  of  such  a  character  as  to  be  visible 
all  around  the  horizon,  at  a  distance  of  at  least  two  miles. 


278   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

By  day  she  shall  carry  in  a  vertical  Hue,  one  over  the  other, 
not  less  than  six  feet  apart,  where  they  can  best  be  seen,  three 
shapes  not  less  than  two  feet  in  diameter,  of  which  the 
highest  and  lowest  shall  be  globular  in  shape  and  red  in 
color,  and  the  middle  one  diamond  in  shape  and  white. 

(c)  The  vessels  referred  to  in  this  article,  when  not  making 
way  through  the  water,  shall  not  carry  the  side-lights,  but 
when  making  way  shall  carry  them. 

(d)  The  lights  and  shapes  required  to  be  shown  by  this 
article  are  to  be  taken  by  other  vessels  as  signals  that  the 
vessel  showing  them  is  not  under  command  and  can  not 
therefore  get  out  of  the  way. 

These  signals  arc  not  signals  of  vessels  in  distress  and  re- 
quiring assistance.  Such  signals  are  contained  in  article 
thirty-one. 

ART.  5.  A  sailing  vessel  under  way  and  any  vessel  being 
towed  shall  carry  the  same  lights  as  are  prescribed  by  arti- 
cle two  for  a  steam-vessel  under  way,  with  the  exception  of 
the  white  lights  mentioned  therein,  which  they  shall  never 
carry. 

ART.  0.  Whenever,  as  in  the  case  of  small  vessels  under  way 
during  bad  weather,  the  green  and  red  side-lights  can  not 
be  fixed,  these  lights  shall  be  kept  at  hand,  lighted  and  ready 
for  use;  and  shall,  on  the  approach  of  or  to  other  vessels, 
be  exhibited  on  their  respective  sides  in  sufficient  time  to 
prevent  collision,  in  such  manner  as  to  make  them  most  vis- 
ible, and  so  that  the  green  light  shall  not  be  seen  on  the 
port  side  nor  the  red  light  on  the  starboard  side,  nor,  if 
practicable,  more  than  two  points  abaft  the  beam  on  their 
respective  sides. 

To  make  the  use  of  these  portable  lights  more  certain  and 
easy  the  lanterns  containing  them  shall  each  be  painted  out- 
side with  the  color  of  the  light  they  respectively  contain, 
and  shall  be  provided  with  proper  screens. 

Substitute  for     ART.  7.  Steam-vessels  of  less  than  forty,  and  vessels  under 

Supp.  i?.gs.,  782.  oars  or  sails  of  less  than  twenty  tons  gross  tonnage,  re- 

TGij^urlmc^-8Pec^ve^y^  and  rowing  boats,  when  under  way,  shall  not  be 

tain  lights.        required  to  carry  the  lights  mentioned  in  article  two  (a),  (b), 

and  (c),  but  if  they  do  not  carry  them  they  shall  be  provided 

with  the  following  lights: 

ves™?"  steam      "First.  Steam-vessel*  of  less  than  forty  tons  shall  carry — 

u(a)  In  the  fore  part  of  the  vessel,  or  on  or  in  front  of  the 
funnel,  where  it  can  best  be  seen,  and  at  a  height  above  the 
gnnirale  of  not  less  than  nine  feet,  a  bright  white  light  con- 
structed and  fixed  as  prescribed  in  article  two  (a-),  and  of  such 
a  character  as  to  be  visible  at  a  distance  of  at  least  two  'miles. 

"  (b)  Green  and  red  side-lig]its  constructed  and  fixed  as  }>re- 
scribed  in  article  tivo  (b)  and  (c),  and  of  such  a  character  as  to 
be  visible  at  a  distance  of  at  least  one  mile,  or  a  combined  lan- 
tern showing  a  green  light  and  a  red  light  from  right  ahead 
to  tic o  points  abaft  the  beam  on  their  respective  sides.  Such 
lanterns  shall  be  carried  not  less  than  three  feet  below  the  white 
light, 

Small  steam-      u  Second.  Small  steamboats,  such  as  are  carried  by  seagoing 
vessels,may  carry  the  white  light  at  a  less  height  than  nine  feet 


RULES    CONCERNING    LIGHTS,  ETC.  279 

above  the  gunwale,  but  it  shall  be  carried  above  the  combined 
lantern  mentioned  in  subdivision  one  (b). 

u  Third  Vessels  under  oars  or  sails  of  less  than  twenty 
tons  shall  have  ready  at  hand  a  lantern  with  a  green  glass 
on  one  side  and  a  red  glass  on  the  other,  which,  on  the  ap- 
proach of  or  to  other  vessels,  shall  be  exhibited  in  suffi- 
cient time  to  prevent  collision,  so  that  the  green  light  shall 
not  be  seen  on  the  port  side  nor  the  red  light  on  the  star- 
board side. 

"Fourth.  Rowing  boats,  'whether  under  oars  or  sail,  shall 
hare  ready  at  hand  a  lantern  showing  a  white  light  which 
shall  be  temporarily  exhibited  in  sufficient  time  to  prevent 
collision. 

"  The  vessels  referred  to  in  this  article  shall  not  be  obliged 
1<>  carry  the  lights  prescribed  by  article  four  (a)  and  article 
elercn,  last  paragraph." — [Act  of  May  28, 1894.] 

ART.  8.  Pilot- vessels  when  engaged  on  their  station  on 
pilotage  duty  shall  not  show  the  lights  required  for  other 
vessels,  but  shall  carry  a  white  light  at  the  masthead,  visi- 
ble all  around  the  horizon,  and  shall  also  exhibit  a  flare- up 
light  or  flare-up  lights  at  short  intervals,  which  shall  never 
exceed  fifteen  minutes. 

On  the  near  approach  of  or  to  other  vessels  they  shall  have 
their  side-lights  lighted,  ready  for  me,  and  shall  fash  or  show 
them  at  short  intervals,  to  indicate  the  direction  in  which  they 
are  heading,  but  the  green  light  shall  not  be  shown  on  the  port 
side,  nor  the  red  light  on  the  starboard  side. 

A  pilot-vessel  of  such  a  class  as  to  be  obliged  to  go  alongside 
of  a  vessel  to  put  a  pilot  on  board  may  shore  the  white  light 
instead  of  carrying  it  at  the  masthead,  and  may,  instead  of 
the  colored  lights  above  mentioned,  have  at  hand,  ready  for 
use,  a  lantern  with  a  green  glass  on  the  one  side  and  a  red, 
glass  on  the  other,  to  be  used  as  prescribed  above. 

Pilot-vessels  when  not  engaged  on  their  station  on  pilot- 
age duty  shall  carry  lights  similar  to  those  of  other  vessels 
of  their  tonnage. 

ART.  9.  ( Article  nine,  act  of  August  19, 1890,  was  repealed 
by  act  of  May  28, 1894,  and  article  10,  act  of  March  3, 1885, 
was  reenacted  in  part  as  follows, by  act  of  August  13, 18U4, 
and  is  reproduced  here  as  article  9:) 

Fishing-vessels  of  less  than  twenty  tons  net  registered 
tonnage,  when  under  way  and  when  not  having  their  nets, 
trawls,  dredges,  or  lines  in  the  water,  shall  not  be  obliged 
to  carry  the  colored  side-lights;  but  every  such  vessel 
shall  in  lieu  thereof  have  ready  at  hand  a  lantern  with  a 
green  glass  on  the  one  side  and  a  red  glass  on  the  other  side, 
and  on  approaching  to  or  being  approached  by  another 
vessel  such  lantern  shall  be  exhibited  in  sufficient  time  to 
prevent  collision,  so  that  the  green  light  shall  not  be  seen 
on  the  port  side  nor  the  red  light  on  the  starboard  side. 

The  following  portion  of  this  article  applies  only  to  fishing- 


280   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

vessels  and  boats  when  in  the  sea  off  the  coast  of  Europe 
lying  north  of  Cape  Finisterre: 

(a)  All  fishing- vessels  and  fishing-boats  of  twenty  tons 
net  registered  tonnage  or  upward,  when  under  way  and 
when  not  having  their  nets,  trawls,  dredges,  or  lines  in  the 
water,  shall  carry  and  show  the  same  lights  as  other  ves- 
sels under  way. 

(b)  All  vessels  when  engaged  in  fishing  with  drift-nets 
shall  exhibit  two  white  lights  from  any  part  of  the  vessel 
where  they  can  be  best  seen.     Such  lights  shall  be  placed 
so  that  the  vertical  distance  between  them  shall  be  not  less 
than  six  feet  and  not  more  than  ten  feet,  and  so  that  the 
horizontal  distance  between  them,  measured  in  a  line  with 
the  keel  of  the  vessel,  shall  be  not  less  than  five  feet  and 
not  more  than  ten  feet.     The  lower  of  these  two  lights  shall 
be  the  more  forward,  and  both  of  them  shall  be  of  such  a 
character  and  contained  in  lanterns  of  such  construction  as 
to  show  all  round  the  horizon,  on  a  dark  night,  with  a  clear 
atmosphere,  for  a  distance  of  not  less  than  three  miles. 

(c)  All  vessels  when  trawling,  dredging,  or  fishing  with 
any  kind  of  drag-nets  shall  exhibit,  from  some  part  of  the 
vessel  where  they  can  be  best  seen,  two  lights.     One  of 
these  lights  shall  be  red  and  the  other  shall  be  white.    The 
red  light  shall  be  above  the  white  light,  and  shall  be  at  a 
vertical  distance  from  it  of  not  less  than  six  feet  and  not 
more  than  twelve  feet;  and  the  horizontal  distance  between 
them,  if  any,  shall  not  be  more  than  ten  feet.    These  two 
lights  shall  be  of  such  a  character  and  contained  in  lanterns 
of  such  construction  as  to  be  visible  all  round  the  horizon, 
on  a  dark  night,  with  a  clear  atmosphere,  the  white  light  to 
a  distance  oi  not  less  than  three  miles  and  the  red  light  of 
not  less  than  two  miles. 

(d)  A  vessel  employed  in  line-fishing,  with  her  lines  out, 
shall  carry  the  same  lights  as  a  vessel  when  engaged  in 
fishing  with  drift-nets. 

(e)  If  a  vessel,  when  fishing  with  a  trawl,  dredge,  or  any 
kind  of  drag  net,  becomes  stationary  in  consequence  of  her 
gear  getting  fast  to  a  rock  or  other  obstruction,  she  shall 
show  the  light  and  make  the  fog  signal  for  a  vessel  at 
anchor. 

(/)  Fishing-vessels  may  at  any  time  use  a  flare-up  in 
addition  to  the  lights  which  they  are  by  this  article  required 
to  carry  and  show.  All  flare-up  lights  exhibted  by  a  vessel 
when  trawling,  dredging,  or  fishing  with  any  kind  of  drag- 
net shall  be  shown  at  the  after-part  of  the  vessel,  excepting 
that  if  the  vessel  is  hanging  by  the  stern  to  her  trawl, 
dredge,  or  drag-net  they  shall  be  exhibited  from  the  bow. 

(#)  Every  fishing- vessel  when  at  anchor  between  sunset 
and  sunrise  shall  exhibit  a  white  light,  visible  all  round  the 
horizon  at  a  distance  of  at  least  one  mile. 

(h)  In  a  fog  a  drift-net  vessel  attached  to  her  nets,  and 
a  vessel  when  trawling,  dredging,  or  fishing  with  any  kind 
of  drag-net,  and  a  vessel  employed  in  line-fishing  with  her 
lines  out,  shall,  at  intervals  of  not  more  than  two  minutes, 
make  a  blast  with  her  fog-horn  and  ring  her  bell  alternately. 
[Art,  10,  Act  March  3,  1885.] 


RULES    CONCERNING   LIGHTS,  ETC.  281 

ART.  10.  A  vessel  which  is  being  overtaken  by  another 
shall  show  from  her  stern  to  such  last-mentioned  ressel  a 
white  light  or  a  flare-up  light. 

The  white  light  required  to  be  shown  by  this  article  may  be 
fixed  and  carried  in  a  lantern,  but  in  such  case  the  lantern 
shall  be  so  constructed,  fitted,  and  screened  that  it  shall  throw 
an  unbroken  light  over  an  arc  of  the  horizon  of  twelve  points 
of  the  compass,  namely,  for  six  points  from  right  aft  on  each 
side  of  the  vessel,  so  as  to  be  visible  at  a  distance  of  at  least 
one  mile.  Such  Ught  shall  be  carried  as  nearly  as  practicable 
on  the  same  level  as  the  side  lights. 

ART.  11.  A  vessel  under  one  hundred  and  fifty  feet  in 
length,  when  at  anchor,  shall  carry  forivard,  where  it  can 
best  be  seen,  but  at  a  height  not  exceeding  twenty  feet 
above  the  hull,  a  white  light  in  a  lantern  so  constructed  as 
to  show  a  clear,  uniform,  and  unbroken  light  visible  all 
around  the  horizon  at  a  distance  of  at  least  one  mile. 

A  vessel  of  one  hundred  and  fifty  feet  or  upwards  in  length, 
when  at  anchor,  shall  carry  in  the  forward  part  of  the  vessel, 
at  a  height  of  not  less  than  twenty  and  not  exceeding  forty 
feet  above  the  hull,  one  such  light,  and  at  or  near  the  stern 
of  the  vessel,  and  at  such  a  height  that  it  shall  be  not  less  than 
fifteen  feet  lower  than  the  forward  light,  another  such  light. 

The  length  of  a  vessel  shall  be  deemed  to  be  the  length  ap- 
pearing in  her  certificate  of  registry. 

A  vessel  aground  in  or  near  a  fair-way  shall  carry  the 
above  light  or  lights  and  the  two  red  lights  prescribed  by 
article  four  (a). 

ART.  12.  Every  vessel  may,  if  necessary  in  order  to  attract 
attention,  in  addition  to  the  lights  which  she  is  by  these  rules 
required  to  carry,  slioic  a  flare-up  light  or  use  any  detonating 
signal  that  can  not  be  mistaken  for  a  distress  signal. 

ART.  13.  Nothing  in  these  rules  shall  interfere  with  the 
operation  of  any  special  rules  made  by  the  Government  of 
any  nation  with  respect  to  additional  station  and  signal 
lights  for  two  or  more  ships  of  war  or  for  vessels  sailing 
under  convoy,  or  with  the  exhibition  of  recognition  signals 
adopted  by  ship-oicners,  which  have  been  authorized  by  their 
respective  Governments  and  duly  registered  and  published. 

ART.  14.  A  steam-vessel  proceeding  under  sail  only  but 
hailing  her  funnel  up,  shall  carry  in  day-time,  forward,  wliere 
it  can  best  be  seen,  one  black  ball  or  shape  two  feet  in  diameter. 

ART.  15.  All  signal*  prescribed  by  this  article  for  vessels 
under  way  shall  be  given: 

First.  By  u  steam  vessels"  on  the  whistle  or  siren. 

Second.  By  il sailing  vessels"  and  u vessels  towed"  on  the 
fog  horn. 

The  words  u prolonged  blast"  used  in  this  article  shall  mean 
a  blast  of  from  four  to  six  seconds  duration. 

A  steam-vessel  shall  be  provided  with  an  efficient  whistle 
or  siren,  sounded  by  steam  or  by  some  substitute  for  steam, 
so  placed  that  the  sound  may  not  be  intercepted  by  any 
obstruction,  and  with  an  efficient  fog  horn,  to  be  sounded 
by  mechanical  means,  and  also  with  an  efficient  bell.  (In 
all  cases  where  the  rules  require  a  bell  to  be  used  a  drum 


282   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

may  be  substituted  on  board  Turkish  vessels,  or  a  gong 
where  such  articles  are  used  on  board  small  seagoing  vessels.) 
A  sailing  vessel  of  twenty  tons  gross  tonnage  or  upward  shall 
be  provided  with  a  similar  fog  horn  and  bell. 

In  fog,  mist,  falling  snow,  or  heavy  rainstorms,  whether  by 
day  or  night,  the  signals  described  in  this  article  shall  be 
used  as  follows,  namely : 

(a)  A  steam  vessel  having  way  upon  her  shall  sound,  at 
intervals  of  not  more  than  two  minutes,  a  prolonged  blast. 

(b)  A  steam  vessel  under  way,  but  stopped,  and  having  no 
way  upon  her,  shall  sound,  at  intervals  of  not  more  than  two 
minutes,  two  prolonged  blasts,  with  an  interval  of  about  one 
second  between. 

(c)  A  sailing  vessel  under  way  shall  sound,  at  intervals  of 
not  more  than  one  minute,  when  on  the  starboard  tack,  one 
blast;  when  on  the  port  tack,  two  blasts  in  succession, 
and  when  with  the  wind  abaft  the  beam,  three  blasts  in 
succession. 

(d)  A  vessel  when  at  anchor  shall,  at  intervals  of  not  more 
than  one  minute,  ring  the  "bell  rapidly  for  about  fi-ve  seconds. 

(e)  A  vessel  when  towing,  a  vessel  employed  in  laying  or  in 
picking  up  a  telegraph  cable,  and  a  vessel  under  way,  which  is 
unable  to  get  out  of  the  way  of  an  approaching  vessel  through 
being  not  under  command,  or  unable  to  maneuver  as  required 
by  the  rules,  shall,  instead  of  the  signals  prescribed  in  subdi- 
visions (a)  and  (c)  of  this  article,  at  intervals  of  not  more  than 
two  minutes,  sound  three  blasts  in  succession,  namely:  One 
prolonged  blast  followed  by  two  short  blasts.    A  vessel  towed 
may  give  this  signal  and  she  shall  not  give  any  other. 

Sailing  vessels  and  boats  of  less  than  twenty  tons  gross  ton- 
nage shall  not  be  obliged  to  give  the  above-mentioned  signals, 
but,  if  they  do  not,  they  shall  make  some  other  efficient  sound 
signal  at  intervals  of  not  more  than  one  minute. 

speed  of  ships     ART.  16.  Every  vessel  shall,  in  a  fog,  mist,  falling  snow, 
in  fog,  eTc°(er     or  heavy  rain-storms,  go  at  a  moderate  speed,  having  careful 
regard  to  the  existing  circumstances  and  conditions. 

A  steam  vessel  hearing,  apparently  forward  of  her  beam, 
the  fog-signal  of  a  vessel  the  position  of  which  is  not  ascer- 
tained shall,  so  far  as  the  circumstances  of  the  case  admit, 
stop  her  engines,  and  then  navigate  with  caution  until  danger 
of  collision  is  over. 

d  ^**^  °f  collision  can,  ichcn  circumstances  permit,  be  ascer- 
tained by  carefully  watching  the  compass  bearing  of  an  ap- 
proaching vessel.  If  the  bearing  does  not  appreciably  change, 
such  risk  should  be  deemed  to  exist. 

"     ^RT- 17.  When  two  sailing  vessels  are  approaching  one 
'  another,  so  as  to  involve  risk  of  collision,  one  of  them  shall 
keep  out  of  the  way  of  the  other,  as  follows,  namely: 

(a)  A  vessel  which  is  running  free  shall  keep  out  of  the 
way  of  a  vessel  which  is  close-hauled. 

(b)  A  vessel  which  is  close-hauled  on  the  port  tack  shall 
keep  out  of  the  way  of  a  vessel  which  is  close-hauled  on  the 
starboard  tack. 

(c)  When  both  are  running  free,  with  the  wind  on  differ- 
ent sides,  the  vessel  which  has  the  wind  011  the  port  side 
shall  keep  out  of  the  way  of  the  other. 


RULES  TO  PREVENT  COLLISIONS  AT  SEA.        283 

(d)  When  both  are  running  free,  with  the  wind  on  the 
same  side,  the  vessel  which  is  to  the  windward  shall  keep 
out  of  the  way  of  the  ressel  which  is  to  the  leeward. 

(e)  A  vessel  which  has  the  wind  aft  shall  keep  out  of  the 
way  of  the  other  vessel. 

ART.  18.  When  two  steam-vessels  are  meeting  end  on,  or 
nearly  end  on,  so  as  to  involve  risk  of  collision,  each  shall 
alter  her  course  to  starboard,  so  that  each  may  pass  on  the 
port  side  of  the  other. 

This  article  only  applies  to  cases  where  vessels  are  meet- 
ing end  on,  or  nearly  end  on,  in  such  a  manner  as  to  involve 
risk  of  collision,  and  does  not  apply  to  two  vessels  which 
must,  if  both  keep  on  their  respective  courses,  pass  clear 
of  each  other. 

The  only  cases  to  which  it  does  apply  are  when  each  of 
the  two  vessels  is  end  on;  or  nearly  end  on,  to  the  other; 
in  other  words,  to  cases  in  which,  by  day,  each  vessel  sees 
the  masts  of  the  other  in  a  line,  or  nearly  in  a  line,  with 
her  own ;  and  by  night,  to  cases  in  which  each  vessel  is  in 
such  a  position  as  to  see  both  the  side-lights  of  the  other. 

It  does  not  apply  by  day  to  cases  in  which  a  vessel  sees 
another  ahead  crossing  her  own  course;  or  by  night,  to 
cases  where  the  red  light  of  one  vessel  is  opposed  to  the  red 
light  of  the  other,  or  where  the  green  light  of  one  vessel  is 
opposed  to  the  green  light  of  the  other,  or  where  a  red 
light  without  a  green  light,  or  a  green  light  without  a  red 
light,  is  seen  ahead,  or  where  both  green  and  red  lights  are 
seen  anywhere  but  ahead. 

ART.  19.  When  two  steam-vessels  are  crossing,  so  as  to 
involve  risk  of  collision,  the  vessel  which  has  the  other  on 
her  own  starboard  side  shall  keep  out  of  the  way  of  the 
other. 

ART.  20.  When  a  steam-vessel  and  a  sailing  vessel  are 
proceeding  in  such  directions  as  to  involve  risk  of  collision, 
the  steam-vessel  shall  keep  out  of  the  way  of  the  sailing- 
vessel. 

Article  twenty-one.  Where,  by  any  of  these  rules,  one 
of  two  vessels  is  to  keep  out  of  the  way  the  other  shall  keep 
her  course  and  speed. 

Note. —  When,  in  consequence  of  thick  weather  or  other 
causes,  such  vessel  finds  herself  so  close  that  collision  can  not 
be  avoided  by  the  action  of  the  giving-way  vessel  alone,  she 
also  shall  take  such  action  as  will  best  aid  to  avert  collision. 
(See  articles  tiventy-seven  and  twenty-nine.}  [Act  of  May  28, 
1894.} 

ART.  22.  Every  vessel  ichich  is  directed  by  these  rules  to 
keep  out  of  the  icay  of  another  vessel  shall ',  if  the  circumstances 
of  the  case  admit,  avoid  crossing  ahead  of  the  other. 

ART.  23.  Every  steam-vessel  which  is  directed  by  these  rules 
to  keep  out  of  the  way  of  another  vessel,  shall,  on  approach- 
ing her,  if  necessary,  slacken  her  speed  or  stop  or  reverse. 

ART.  24.  ^Notwithstanding  anything  contained  in  these 
rules  every  vessel,  overtaking  any  other,  shall  keep  out  of 
the  way  of  the  overtaken  vessel. 


284   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Every  vessel  coming  up  with  another  vessel  from  any  direc- 
tion more  than  two  points  abaft  her  beam,  that  is,  in  such  a 
position,  with  reference  to  the  vessel  which  she  is  overtaking 
that  at  night  she  icould  be  unable  to  see  either  of  that  vessel's 
side-lights,  shall  be  deemed  to  be  an  overtaking  vessel;  and  no 
subsequent  alteration  of  the  bearing  between  the  two  vessels 
shall  make  the  overtaking  vessel  a  crossing  vessel  ivitliin  the 
meaning  of  these  rules,  or  relieve  her  of  the  duty  of  keeping 
clear  of  the  overtaken  vessel  until  she  is  finally  past  and  clear. 

As  by  day  the  overtaking  vessel  can  not  always  knoic  with 
certainty  wliether  she  is  forward  of  or  abaft  this  direction 
from  the  other  vessel  she  should,  if  in  doubt,  assume  that  she 
is  an  overtaking  vessel  and  keep  out  of  the  way. 

ART.  25.  In  narrow  channels  every  steam-vessel  shall, 
when  it  is  safe  and  practicable,  keep  to  that  side  of  the 
fair- way  or  mid-channel  which  lies  on  the  starboard  side  of 
such  vessel. 

ART.  26.  Sailing  vessels  under  way  shall  keep  out  of  the 
way  of  sailing  vessels  or  boats  fishing  with  nets,  or  lines,  or 
trawls.  This  rule  shall  not  give  to  any  vessel  or  boat  engaged 
in  fishing  the  right  of  obstructing  a  fair-way  used  by  vessels 
other  than  fishing  vessels  or  boats. 

ART.  27.  In  obeying  and  construing  these  rules  due 
regard  shall  be  had  to  all  dangers  of  navigation  and  col- 
lision, and  to  any  special  circumstances  which  may  render 
a  departure  from  the  above  rules  necessary  in  order  to 
avoid  immediate  danger. 

sound  signals.     ART.  28.  The  words    "short  Uast"  used  in  this  article 
shall  mean  a  blast  of  about  one  second's  duration. 

When  vessels  are  in  sight  of  one  another,  a  steam-vessel 
under  way,  in  taking  any  course  authorized  or  required  by 
these  rules,  shall  indicate  that  course  by  the  following  sig- 
nals on  her  whistle  or  siren,  namely: 

One  short  blast  to  mean,  "I  am  directing  my  course  to 
starboard ." 

Two  short  blasts  to  mean,  "I  am  directing  my  course  to 
port." 

Three  short  blasts  to  mean,  "My  engines  are  going  at  full 
speed  astern." 

tidu™per  precan'  ART.  29.  Nothing  in  these  rules  shall  exonerate  any  ves- 
sel or  the  owner  or  master  or  crew  thereof,  from  the  conse- 
quences of  any  neglect  to  carry  lights  or  signals,  or  of  any 
neglect  to  keep  a  proper  lookout,  or  of  the  neglect  of  any 
precaution  which  may  be  required  by  the  ordinary  prac- 
tice of  seamen,  or  by  the  special  circumstances  of  the  rase. 

bo?8uletc  f°r  har'  A?T- 30-  Nothing  in  these  rules  shall  interfere  with  the  op- 
eration of  a  special  rule,  duly  made  by  local  authority,  rela- 
tive to  the  navigation  of  any  harbor,  river,  or  inland  waters. 

nau»i8trc88  8iK      ART.  31.  When  a  vessel  is  in  distress  and  requires  assist- 
ance from  other  vessels  or  from  the  shore  the  following  shall 
be  the  signals  to  be  used  or  displayed  by  her,  either  together 
or  separately,  namely : 
In  the  daytime — 

First.  A  gun  or  other  explosive  signal  fired  at  intervals  of 
about  a  minute. 


RULES  TO  PREVENT  COLLISIONS  AT  SEA.        285 

Second.  The  international  code  signal  of  distress  indi- 
cated by  N  0. 

Third.  The  distance  signal,  consisting  of  a  square  flag, 
having  either  above  or  below  it  a  ball  or  anything  resem- 
bling a  ball. 

Fourth.  A  continuous  sounding  with  any  foy- signal  appa- 
ratus. 

At  night — 

First.  A  gun  or  other  explosive  signal  fired  at  intervals  of 
about  a  minute. 

Second.  Flames  on  the  vessel  (as  from  a  burning  tar  bar- 
rel, oil  barrel,  and  so  forth).  j 

Third.  Rockets  or  shells  throwing  stars  of  any  color  or 
description,  fired  one  at  a  time,  at  short  intervals. 

Fourth.  A  continuous  sounding  ivith  any  fog-signal  appa- 
ratus. [Act  of  May  28,  1894.] 

SEC.  2.  That  all  laws  or  parts  of  laics  inconsistent  with 
the  foregoing  regulations  for  preventing  collisions  at  sea  for 
the  navigation  of  all  public  and  private  vessels  of  the  United 
States  upon  the  high  seas,  and  in  all  ivaters  connected  there- 
with navigable  by  sea-going  vessels,  are  hereby  repealed.  [Act 
August  19 ,  1890.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  sept.  4,  isoo. 
of  the  United  States  of  America  in  Congress  assembled.  That  collisions  at 
iii  every  case  of  collision  between  two  vessels  it  shall  be sea> 
the  duty  of  the  master  or  person  in  charge  of  each  vessel, 
if  and  so  far  as  he  can  do  so  without  serious  danger  to  his 
own  vessel,  crew,  and  passengers  (if  any),  to  stay  by  the 
other  vessel  until  he  has  ascertained  that  she  has  no  need 
of  further  assistance,  and  to  render  to  the  other  vessel,  her 
master,  crew,  and  passengers  (if  any)  such  assistance  as 
may  be  practicable  and  as  may  be  necessary  in  order  to 
save  them  from  any  danger  caused  by  the  collision,  and 
also  to  give  to  the  master  or  person  in  charge  of  the  other 
vessel  the  name  of  his  own  vessel  and  her  port  of  registry, 
or  the  port  or  place  to  which  she  belongs,  and  also  the  name 
of  the  ports  and  places  from  which  and  to  which  she  is 
bound.  If  he  fails  so  to  do,  and  no  reasonable  cause  for 
such  failure  is  shown,  the  collision  shall,  in  the  absence  of 
proof  to  the  contrary,  be  deemed  to  have  been  caused  by 
his  wrongful  act,  neglect,  or  default. 

SEC.  2.  That  every  master  or  person  in  charge  of  a 
United  States  vessel  who  fails,  without  reasonable  cause, 
to  render  such  assistance  or  give  such  information  as  afore- 
said shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
liable  to  a  penalty  of  one  thousand  dollars,  or  imprisonment 
for  a  term  not  exceeding  two  years ;  and  for  the  above  sum 
the  vessel  shall  be  liable  and  may  be  seized  and  proceeded 
against  by  process  in  any  district  court  of  the  United  States 
by  any  person;  one-half  such  sum  to  be  payable  to  the 
informer  and  the  other  half  to  the  United  States. 

SEC.  3.  That  this  act  shall  take  effect  at  a  time  to  be 
fixed  by  the  President  by  Proclamation  issued  for  that 
purpose. 


286   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


Feb.  19, 1896.       j$e  it  enacted  by  the  Senate  and  Rouse  of  Representatives 


Regulations  to  of  the  United  States  of  America  in  Congress  assembled,  That 
V8enupon0lJn-  on  and  after  March  first,  eighteen  hundred  and  ninety-five, 
land  waters,  etc.  the  provisions  of  sections  forty-two  hundred  and  thirty- 
three,  forty-four  hundred  and  twelve,  and  forty-four  hun- 
dred and  thirteen  of  the  Revised  Statutes  and  regulations 
pursuant  thereto  shall  be  followed  on  the  harbors,  rivers 
and  inland  waters  of  the  United  States. 

The  provisions  of  said  sections  of  the  Revised  Statutes 
and  regulations  pursuant  thereto  are  hereby  declared  spe- 
cial rules  duly  made  by  local  authority  relative  to  the  navi- 
gation of  harbors,  rivers  and  inland  waters  as  provided  for 
iu  Article  thirty,  of  the  Act  of  August  nineteenth,  eighteen 
hundred  and  ninety,  entitled  "An  Act  to  adopt  regulations 
for  preventing  collisions  at  sea." 

See  note  3.  SEC.  2.  The  Secretary  of  the  Treasury  is  hereby  author- 

ized, empowered  and  directed  from  time  to  time  to  desig- 
nate and  define  by  suitable  bearings  or  ranges  with  light 


Note  3.— Pursuant  to  Section  2  of  the  Act  approved  February  19,  1895,  the  follow- 


ing lines  dividing  the  high  seas  from  rivers,  harbors,  and  inland  waters  are  hereby 
designated  and  def 


leflned: 


(Bearings  are  magnetic.) 


New  York. 
Baltimore. 
Galveston. 
Boston. 


San  Francisco, 
Portland. 

Philadelphia. 
Charleston. 


Savannah. 
Brunswick. 

Penaacola. 
Mobile. 
New  Orleans. 

Sail  Diego. 
Kittery. 

Newburyport. 
Columbia  River 


NEW  YORK  HARBOR.— From  Navesink  (southerly)  Light  House  NE.  g  E.,  easterly, 
to  Scotland  Light  Vessel,  thence  NNE.  £  E.  through  Gedney  Channel  Whistling 
Buoy  (proposed  position)  to  Rockaway  Point  Life-Saving  Station. 

BALTIMORE  HARBOR  AND  CHESAPEAKE  BAY.— From  Cape  Henry  Light  House  NE. 
by  E.  |  E.,  easterly,  to  Outer  Entrance  Whistling  Buoy,  thence  N.  by  E.  %  E.  to 
Cape  Charles  Light  House. 

GALVESTON  HARBOR.— From  Galveston  Bar  Whistling  Buoy,  N.  by  W.  £  W. 
through  the  beacon,  marking  the  outer  extremity  of  the  N.  jetty,  and  SW.  by  W.  £ 
W.,  westerly,  through  North  Breaker  Beacon. 

BOSTON  HARBOR.— From  Point  Allerton  NNE.  i  E.,  easterly,  through  Point  Aller- 
ton  Beacon  to  Northeast  Grave  Whistling  Buoy,  thence  NNE.  J  E.  to  Outer  Breaker 
(Great  Pig  Rocks)  Bell  Buoy,  thence  NE.  by  E.f  E.  to  Halfway  Rock  Beacon,  thence 
NE.  by  E.  i  E.  to  Eastern  Point  Light  House. 

SAN  FRANCISCO  HARBOR.— From  Point  Bonita  Light  House  SE.  |S.  to  Point  Lobos. 

PORTLAND,  ME.,  HARBOR.— From  Cape  Elizabeth  (E.)  Light  ENE.  to  Halfway 
Rock  Light,  thence  E.,  southerly,  to  Seguin  Light. 

PHILADELPHIA  HARBOR  AND  DELAWARE  BAY.— From  CapeHenlopen  Light  NE.  by 
E.  to  South  Shoal  Whistling  Buoy,  thence  NNE.  *  E.  to  Cape  May  Light. 

CHARLESTON  HARBOR.— From  Charleston  Light  vessel  NW.  ;\  W.  (toward  Sullivans 
Island  Range  Rear  Light)  to  the  North  Jetty,  and  from  Charleston  Light  Vessel  SW. 
J  W.  to  Charleston  Whistling  Buoy,  thence  SW.  |  W.  to  Charleston  Main  Channel 
Entrance  Bell  Buoy,  thence  W.  to  Folly  Island. 

SAVANNAH  HARBOR  AND  CALIBOGUE  SOUND. — From  Tybee  WhistlingBuovNNW. 
1|  W.  through  North  Slue  Channel  Outer  Buoy  to  Braddock  Point,  Hilton  Head 
Island,  and  from  Tybee  Whistling  Buoy  W.to  Tybee  Island. 

ST.  SIMON  SOUND  (BRUNSWICK  HARBOR)  AND  ST.  ANDREW  SOUND.— From  hotel  on 
Beach  of  St.  Simon  Island  |g  mile  NE.  by  E.  J  E.  from  St.  Simon  Light  House,  SE.  J 
E.  to  St.  Simon  Sea  Buoy,  thence  S.  £  E.  to  St.  Andrew's  Sound  Sea  Buoy,  thence  W. 
to  the  Shore  of  Little  Cumberland  Island. 

PENSACOLA  HARBOR. — From  Pensacola  Entrance  Whistling  Buoy  N.  $  W.,  a  tun- 
gent  to  the  E.side  of  Fort  Pickens,  to  the  shore  of  Santa  Rosa  Island,  and  from  the 
Whistling  Buoy  NW.  &  W.  to  Fort  McRee  Range  Front  Light. 

MOBILE  HARBOR  AND  BAY.— From  Mobile  Bay  Outer  or  Deep  Sea  Whistling  Buoy 
(or  its  watch  buoy  in  summer)  NE.  by  N.  to  the  shore  of  Mobile  Point,  and  from  the 
Whistling  Buoy  NW.  by  W.  to  the  shore  of  Dauphin  Island. 

NEW  ORLEANS  HARBOR  AND  THE  DELTA  OF  THE  MISSISSIPPI.— From  South  Pass 
East  Jetty  Light  N.  by  E.  *  E.  to  Pass  a  Loutre  Light,  thence  N.  to  Errol  Island  and 
from  South  Pass  East  Jetty  Light  W.  J  S.  to  Southwest  Pass  Light,  thence  N.  to 
shore. 

SAN  DIEGO  HARBOR.— From  Point  Loma  Light  S.  I  E.  to  San  Diego  Bay  Outside 
Bar  Whistling  Buoy,  thence  NNE.  £  E.  to  tower  of  Corouado  Hotel. 

KITTERY  HARBOR,  ME.,  AND  PORTSMOUTH  HARBOR,  N.  H.— From  Kitts  Rocks 
Bell  Buoy  NNE.  |  E.  through  Horn  Island  to  the  main  shore,  and  from  Kitts 
Rocks  Bell  Buoy  NW.  by  W.  g  W.  through  Frosts  Point  Ledge  Buoy  to  Frosts 
Point,  N.  H. 

NEWBURYPORT,  IPSWICH,  AND  ANNISQUAM  HARBORS,  MASS.— From  Salisbury 
Beach  Range  Rear  Light  a  line  SE.  J  S.  to  Newburyport  Bar  Whistling  Buoy,  thence 
a  line  S.  by  E.  f  E.  (toward  Anninquum  Light)  to  a  point  of  intersection  with  a  line 
drawn  from  Ipswich  Light  E.  1$_S.  to  Halibut  Point,  thence,  from  the  point  of 
intersection,  along  the  latter  line  K.  }%  S.  to  Halibut  Point. 

COLUMBIA  RIVER  EN.TBANCE.— From  Cape  Disappointment  Light  SE.  $  E.  to  Point 
Adams  Light. 


RULES    GOVERNING   LIGHTS,  ETC. 


287 


houses,  light  vessels,  buoys  or  coast  objects,  the  lines 
dividing  the  high  seas  from  rivers,  harbors  arid  inland 
waters. 

SEC.  3.  Collectors  or  other  chief  officers  of  the  customs 
shall  require  all  sail  vessels  to  be  furnished  with  proper 
signal  lights.  Every  such  vessel  that  shall  be  navigated 
without  complying  with  the  Statutes  of  the  United  States, 
or  the  regulations  that  may  be  lawfully  made  thereunder, 
shall  be  liable  to  a  peualy  of  two  hundred  dollars,  one-half 
to  go  to  the  informer;  for  which  sum  the  vessel  so  navi- 
gated shall  be  liable,  and  may  be  seized  and  proceeded 
against  by  way  of  libel  in  any  district  court  of  the  United 
States  having  jurisdiction  of  the  offense. 

SEC.  4.  The  words  u  inland  waters'7  used  in  this  Act  shall 
not  be  held  to  include  the  Great  Lakes  and  their  connect- 
ing and  tributary  waters  as  far  east  as  Montreal;  and  this 
act  shall  not  in  any  respect  modify  or  affect  the  provisions 
of  the  Act  entitled  "An  Act  to  regulate  navigation  on  the 
Great  Lakes  and  their  connecting  and  tributary  waters," 
approved  February  eighth,  eighteen  hundred  and  ninety- 
five. 


*™  and  8aU 


RULES    FOR    VESSELS    OF    THE    NAVY    AND    MERCANTILE 

MARINE. 

The  instructions  herein  contained  will  be  observed  in  the 
navigation  of  vessels  of  the  mercantile  marine  of  the  United 
States;  and  by  the  provisions  of  the  Eevised  Statutes  the 
following  rules,  from  one  to  twenty-four,  inclusive,  are  made 
applicable  to  the  navigation  of  vessels  of  the  Navy. 

Every  sail-vessel  of  the  mercantile  marine  navigated 
without  complying  with  the  instructions  of  this  circular 
will  be  liable  to  a  penalty  of  two  hundred  dollars,  for  which 
sum  the  vessel  may  be  seized  and  proceeded  against. 

RULE  ONE.  Every  steam-vessel  which  is  under  sail,  and 
not  under  steam,  shall  be  considered  a  sail-  vessel;  and 
every  steam  vessel  which  is  under  steam,  whether  under 
sail  or  not,  shall  be  considered  a  steam-  vessel. 

EULE  Two.  The  lights  mentioned  in  the  following  rules,    Lights. 
and  no  others,  shall  be  carried  in  all  weathers,  between 
sunset  and  sunrise. 

EULE  THREE.  All  ocean-going  steamers,  and  steamers    ocean-going 
carrying  sail,  shall,  when  under  way,  carry— 

(A)  At  the  foremast  head,  a  bright  white  light,  of  such 
a  character  as  to  be  visible  on  a  dark  night,  with  a  clear 
atmosphere,  at  a  distance  of  at  least  five  miles,  and  so  con- 
structed as  to  show  a  uniform  and  unbroken  light  over  an 
arc  of  the  horizon  of  twenty  points  of  the  compass,  and  so 
fixed  as  to  throw  the  light  ten  points  on  each  side  of  the 
vessel,  namely,  from  right  ahead  to  two  points  abaft  the 
beam  on  either  side. 

(B)  On  the  starboard  side,  a  green  light,  of  such  a  char- 
acter as  to  be  visible  on  a  dark  night,  with  a  clear  atmos- 
phere, at  a  distance  of  at  least  two  miles,  and  so  constructed 
as  to  show  a  uniform  and  unbroken  light  over  an  arc  of 


288   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

the  horizon  of  ten  points  of  the  compass,  and  so  fixed  as 
to  throw  the  light  from  right  ahead  to  two  points  abaft  the 
beam  on  the  starboard  sicle. 

( C)  On  the  port  side,  a  red  light,  of  such  a  character  as 
to  be  visible  on  a  dark  night,  with  a  clear  atmosphere,  at 
a  distance  of  at  least  two  miles,  and  so  constructed  as  to 
show  a  uniform  and  unbroken  light  over  an  arc  of  the 
horizon  of  ten  points  of  the  compass,  and  so  fixed  as  to 
throw  the  light  from  right  ahead  to  two  points  abaft  the 
beam  on  the  port  side. 

The  green  and  red  light  shall  be  fitted  with  inboard 
screens,  projecting  at  least  three  feet  forward  from  the  lights, 
so  as  to  prevent  them  from  being  seen  across  the  bow. 

Towing  steam-  EULE  FOUR.  Steam-vessels,  when  towing  other  vessels, 
shall  carry  two  bright  white  mast-head  lights  vertically, 
in  addition  to  their  side-lights,  so  as  to  distinguish  them 
from  other  steam-vessels.  Each  of  these  mast-head  lights 
shall  be  of  the  same  character  and  construction  as  the 
mast-head  lights  prescribed  by  Eule  Three. 

starboard  and  KuLE  FIVE.  All  steam-vessels,  other  than  ocean-going 
port  side  lights.  8teauiers  and  steamers  carrying  sail,  shall,  when  under 
way,  carry  on  the  starboard  and  port  sides  lights  of  the 
same  character  and  construction  and  in  the  same  position 
as  are  prescribed  for  side-lights  by  Eule  Three,  except  in 
the  case  provided  in  Eule  Six. 

I^VM  Vteamers1  ^ULE  Six.  J&ver- steamer  s  navigating  waters  flowing 
rs'  into  the  Gulf  of  Mexico,  and  their  tributaries,  shall  carry 
the  following  lights,  namely :  One  red  light  on  the  outboard 
side  of  the  port  smoke-pipe,  and  one  green  light  on  the 
outboard  side  of  the  starboard  smoke-pipe.  Such  lights 
shall  show  both  forward  and  abeam  on  their  respective 
sides. 

vSseistiDg8team  RULE  SEVEN.  All  coasting  steam- vessels,  and  steam- 
vessels  other  than  ferry-boats  and  vessels  otherwise 
expressly  provided  for,  navigating  the  bays,  lakes,  rivers, 
or  other  inland  waters  of  the  United  States,  except  those 
mentioned  in  Eule  Six,  shall  carry  the  red  and  green  lights 
as  prescribed  for  ocean-going  steamers;  and,  in  addition 
thereto,  a  central  range  of  two  white  lights;  the  after-light 
being  carried  at  an  elevation  of  at  least  fifteen  feet  above 
the  light  at  the  head  of  the  vessel.  The  head- light  shall 
be  so  constructed  as  to  show  a  good  light  through  twenty 
points  of  the  compass,  namely:  from  right  ahead  to  two 
points  abaft  the  beam  on  either  side  of  the  vessel;  and 
the  after-light  so  as  to  show  all  around  the  horizon. 

Ferry-boats,etc.  The  lights  for  ferry-boats,  barges,  and  canal  boats  when 
in  tow  of  steam  vessels  shall  be  regulated  by  such  rules  as 
the  Board  of  Supervising  Inspectors  of  Steam-Vessels 
shall  prescribe. 

sailing  vessels.  EULE  EIGHT.  Sail-vessels,  under  way  or  being  towed, 
shall  carry  the  same  lights  as  steam- vessels  under  way, 
with  the  exception  of  the  white  mast-head  lights,  which 
they  shall  never  carry.  (See  Eule  Three,  b  and  c.) 

Small  sailing  EULE  NINE.  Whenever,  as  in  case  of  small  vessels  dur- 
ing bad  weather,  the  green  and  red  lights  can  not  be  fixed, 


RULES    GOVERNING   SIGNAL    LIGHTS,  ETC. 


289 


Coal  boats, etc. 


these  lights  shall  be  kept  on  deck,  on  their  respective  sides 
of  the  vessel,  ready  for  instant  exhibition,  and  shall,  on  the 
approach  of  or  to  other  vessels,  be  exhibited  on  their 
respective  sides  in  sufficient  time  to  prevent  collision,  in 
such  manner  as  to  make  them  most  visible,  and  so  that  the 
green  light  shall  not  be  seen  on  the  port  side,  nor  the  red 
light  on  the  starboard  side.  To  make  the  use  of  these  port- 
able lights  more  certain  and  easy,  they  shall  be  painted 
outside  with  the  color  of  the  light  they  respectively  con- 
tain, and  shall  be  provided  with  suitable  screens. 

RULE  TEN.  All  vessels,  whether  steam-vessels  or  sail-  ch^88els  at  an* 
vessels,  when  at  anchor  in  roadsteads  or  fairways,  shall, c 
between  sunset  and  sunrise,  exhibit  where  it  can  best  be 
seen,  but  at  a  height  not  exceeding  twenty  feet  above  the 
hull,  a  white  light  in  a  globular  lantern  of  eight  inches  in 
diameter,  and  so  constructed  as  to  show  a  clear,  uniform, 
and  unbroken  light,  visible  all  around  the  horizon,  and  at 
a  distance  of  at  least  one  mile. 

RULE  ELEVEN.  Sailing  pilot- vessels  shall  not  carry  the    Pilot 
lights  required  for  other  sailing-vessels,  but  shall  carry  a 
white  light  at  the  mast-head,  visible  all  around  the  horizon, 
and  shall  also  exhibit  a  flare-up  light  every  fifteen  minutes. 

RULE  TWELVE.  Coal -boats,  trading  -  boats,  produce- 
boats,  canal-boats,  oyster-boats,  fishing-boats,  rafts,  or 
other  water-craft,  navigating  any  bay,  harbor,  or  river,  by 
hand-power,  horse-power,  sail,  or  by  the  current  of  the  river, 
or  which  shall  be  anchored  or  moored  in  or  near  the  chan- 
nel or  fair- way  of  any  bay,  harbor,  or  river,  shall  carry  one 
or  more  good  white  lights,  which  shall  be  placed  in  such 
manner  as  shall  be  prescribed  by  the  Board  of  Supervising 
Inspectors  of  Steam  Vessels. 

Rule  12  shall  be  so  construed  as  not  to  require  row-boats 
and  skiffs  upon  the  river  St.  Lawrence  to  carry  lights. 

RULE  THIRTEEN.  Open  boats  shall  not  be  required  to  open  boats. 
carry  the  side-lights  required  for  other  vessels,  but  shall,  if 
they  do  not  carry  such  lights,  carry  a  lantern  having  a 
green  slide  on  one  side  and  a  red  slide  on  the  other  side; 
and,  on  the  approach  of  or  to  other  vessels,  such  lantern 
shall  be  exhibited  in  sufficient  time  to  prevent  collision, 
and  in  such  a  manner  that  the  green  light  shall  not  be  seen 
on  the  port  side,  nor  the  red  light  on  the  starboard  side. 
Open  boats,  when  at  anchor  or  stationary,  shall  exhibit  a 
bright  white  light.  They  shall  not,  however,  be  prevented 
from  using  a  flare  up,  in  addition,  if  considered  expedient. 

RULE  FOURTEEN.  The  exhibition  of  any  light  on  board  Naval vessels. 
of  a  vessel  of  war  of  the  United  States  may  be  suspended 
whenever,  in  the  opinion  of  the  Secretary  of  the  Navy,  the 
commander-in-chief  of  a  squadron,  or  the  commander  of  a 
vessel  acting  singly,  the  special  character  of  the  service 
may  require  it. 

RULE  FIFTEEN.  Whenever  there  is  afog,  or  thick  weather,    Fog  signals. 
whether  by  day  or  night,  fog-signals  shall  be  used,  as  fol- 
lows: 

(A)  Steam-vessels  under  way  shall  sound  a  steam-whistle 
376 19 


Act 
1886. 


June  13, 


290       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

placed  before  the  funnel,  not  less  than  eight  feet  from  the 
deck,  at  intervals  of  not  more  than  one  minute. 

(B)  Sail- vessels  underway  shall  sound  a  fog-horn  at  inter- 
vals of  not  more  than  five  minutes. 

(0)  Steam-vessels  and  sail- vessels,  when  not  under  way, 
shall  sound  a  bell  at  intervals  of  not  more  than  five  minutes. 

(D)  Coal-boats, trading-boats, produce-boats,  canal-boats, 
oyster- boats,  fishing-boats,  rafts,  or  other  water-craft,  navi- 
gating any  bay,  harbor,  or  river,  by  hand-power,  horse- 
power, sail,  or  by  the  current  of  the  river,  or  anchored  or 
moored  in  or  near  the  channel  or  fairway  of  any  bay,  har- 
bor, or  river,  and  not  in  any  port,  shall  sound  a  fog-horn, 
or  equivalent  signal,  which  shall  make  a  sound  equal  to  a 
steam- whistle,  at  intervals  of  not  more  than  two  minutes. 
sailing  vessels.  RULE  SIXTEEN.  If  two  sail-vessels  are  meeting  end  on, 
or  nearly  end  on,  so  as  to  involve  risk  of  collision,  the  helms 
of  both  shall  be  put  to  port,  so  that  each  may  pass  on  the 
port  side  of  the  other. 

RULE  SEVENTEEN.  When  two  sail- vessels  are  crossing 
so  as  to  involve  risk  of  collision,  then,  if  they  have  the 
wind  on  different  sides,  the  vessel  with  the  wind  on  the  port 
side  shall  keep  out  of  the  way  of  the  vessel  with  the  wind 
on  the  starboard  side,  except  in  the  case  in  which  the  ves- 
sel with  the  wind  on  the  port  side  is  close-hauled,  and  the 
other  vessel  free,  in  which  case  the  latter  vessel  shall  keep 
out  of  the  way.  But  if  they  have  the  wind  on  the  same 
side,  or  if  one  of  them  has  the  wind  aft,  the  vessel  which 
is  to  windward  shall  keep  out  of  the  way  of  the  vessel 
which  is  to  leeward. 

steam-vessels.  RULE  EIGHTEEN.  If  two  vessels  under  steam  are  meet- 
ing end  on,  or  nearly  end  on,  so  as  to  involve  risk  of  col- 
lision, the  helms  of  both  shall  be  put  to  port,  so  that  each 
may  pass  on  the  port  side  of  the  other. 

TWO  steamers  RULE  NINETEEN.  If  two  vessels  under  steam  are  cross- 
ing so  as  to  involve  risk  of  collision,  the  vessel  which  has 
the  other  on  her  own  starboard  side  shall  keep  out  of  the 
way  of  the  other. 

Btmmera^meef       ^ULE    TWENTY.    If  tWO  VCSSClS,  OU6   of  which    IS    a   Sail- 
ing. 3   vessel  and  the  other  a  steam- vessel,  are  proceeding  in  such 
directions  as  to  involve  risk  of  collision,  the  steam- vessel 
shall  keep  out  of  the  way  of  the  sail-vessel. 

Approaching  RULE  TWENTY-ONE.  Every  steam-vessel,  when  approach- 
ing another  vessel,  so  as  to  involve  risk  of  collision,  shall 
slacken  her  speed,  or,  if  necessary,  stop  and  reverse;  and 
every  steam-vessel  shall,  when  in  a  fog,  go  at  a  moderate 
speed. 

overtaking.  RULE  TWENTY-TWO.  Every  vessel  overtaking  any  other 
vessel  shall  keep  out  of  the  way  of  the  last-mentioned 
vessel. 

Right  of  way.  RULE  TWENT  Y-THREE.  Where,  by  Rules  seventeen,  nine- 
teen, twenty,  and  twenty-two,  one  of  two  vessels  shall  keep 
out  of  the  way,  the  other  shall  keep  her  course,  subject  to 
the  qualifications  of  Rule  twenty-four. 


LAWS   GOVERNING    SIGNAL    LIGHTS,  ETC.  291 


EULE  TWENTY-FOUR.  In  construing  and  obeying  these 
rules,  due  regard  must  be  bad  to  all  dangers  of  navigation, 
and  to  any  special  circumstances  which  may  exist  in  any 
particular  case  rendering  a  departure  from  them  necessary 
in  order  to  avoid  immediate  danger. 

KULE  TWENTY-FIVE.  Collectors,  or  other  chief  officers  of   signal  lights 
the  customs,  shall  require  all  sail-  vessels  to  be  furnished  aE 
with  proper  signal-lights,  and  every  such  vessel  shall,  on 
the  approach  of  any  steam-vessel  during  the  night-time, 
shoir  a  lighted  torch  upon  that  point  or  quarter  to  which 
such  steam-vessel  shall  be  approaching. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  Act  of  Feb.  s, 
of  the  United  States  of  Am  erica  in  Congress  assembled,  That18^  regulate 
the  following  rules  for  preventing  collisions  shall  be  fol-  jajg  *J^™akos 
lowed  in  the  navigation  of  till  public  and  private  vessels  of  and  thSr  <?ou* 
the  United  States  upon  the  Great  Lakes  and  their  con-  £4^°  g  Je»<1 
necting  and  tributary  waters  as  far  east  as  Montreal.  See  note  4. 

KULE  1.  Every  steam  vessel  which  is  under  sail  and  not  S62efining  ve8~ 
under  steam,  shall  be  considered  a  sail  vessel;  and  every86 
steam  vessel  which  is  under  steam,  whether  under  sail  or 
not,  shall  be  considered  a  steam  vessel.    The  word  steam 
vessel  shall  include  any  vessel  propelled  by  machinery.    A 
vessel  is  under  way  within  the  meaning  of  these  rules  when 
she  is  not  at  anchor  or  made  fast  to  the  shore  or  aground. 

EULE  2.  The  lights  mentioned  in  the  following  rules  ftpds*8  Pre- 
no  others  shall  be  carried  in  all  weathers  from  sunset  to  sun- 
rise.    The  word  visible  in  these  rules  when  applied  to  lights 
shall  mean  visible  on  a  dark  night  with  a  clear  atmosphere. 

EULE  3.  Except  in  the  cases  hereinafter  expressly  pro- 
vided for,  a  steam  vessel  when  under  way  shall  carry  : 

(a)  On  or  in  front  of  the  foremast,  or  if  a  vessel  without 
a  foremast,  then  in  the  forepart  of  the  vessel,  at  a  height 
above  the  hull  of  not  less  than  twenty  feet,  and  if  the 
beam  of  the  vessel  exceeds  twenty  feet,  then  at  a  height 
above  the  hull  not  less  than  such  beam,  so,  however,  that 
such  height  need  not  exceed  forty  feet,  a  bright  white  light 
so  constructed  as  to  show  an  unbroken  light  over  an  arc  of 
the  horizon  of  twenty  points  of  the  compass,  so  fixed  as 
to  throw  the  light  ten  points  on  each  side  of  the  vessel, 
namely,  from  right  ahead  to  two  points  abaft  the  beam  on 
either  side,  and  of  such  character  as  to  be  visible  at  a  dis- 
tance of  at  least  five  miles. 

(b)  On  the  starboard  side,  a  green  light,  so  constructed  as 
to  throw  an  unbroken  light  over  an  arc  of  the  horizon  of 
ten  points  of  the  compass,  so  fixed  as  to  throw  the  light 
from  right  ahead  to  two  points  abaft  the  beam  on  the  star- 
board side,  and  of  such  a  character  as  to  be  visible  at  a 
distance  of  at  least  two  miles. 

(c)  On  the  port  side,  a  red  light,  so  constructed  as  to 
show  an  unbroken  light  over  an  arc  of  the  horizon  of  ten 
points  of  the  compass,  so  fixed  as  to  throw  the  light  from 
right  ahead  to  two  points  abaft  the  beam  on  the  port  side, 

Xot<-  4.  —  These  rules  are  to  be  observed  on  and  after  March  1,  1895,  by  all  public 
and  private  vessels  of  the  United  -States  on  said  waters  except  as  otherwise  pro- 
vided for  iu  the  act. 


292   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

and  of  such  a  character  as  to  be  visible  at  a  distance  of  at 
least  two  miles. 

(d)  The  said  green  and  red  lights  shall  be  fitted  with 
inboard  screens  projecting  at  least  three  feet  forward  from 
the  light,  so  as  to  prevent  these  lights  from  being  seen 
across  the  bow. 

(e)  A  steamer  of  over  one  hundred  and  fifty  feet  register 
length  shall  also  carry  when  under  way  an  additional 
bright  light  similar  in  construction  to  that  mentioned  in 
subdivision  (a),  so  fixed  as  to  throw  the  light  all  around 
the  horizon  and  of  such  character  to  be  visible  at  a  distance 
of  at  least  three  miles.     Such  additional  light  shall  be 
placed  in  line  with  the  keel  at  least  fifteen  feet  higher  from 
the  deck  and  more  than  seventy-five  feet  abaft  the  light 
mentioned  in  subdivision  (a). 

tow'  RuLE  4-  -f-  steam  vessel  having  a  tow  other  than  a  raft 
shall  in  addition  to  the  forward  bright  light  mentioned  in 
subdivision  (a)  of  rule  three  carry  in  a  vertical  line  not  less 
than  six  feet  above  or  below  that  light  a  second  bright  light 
of  the  same  construction  and  character  and  fixed  and  car- 
ried in  the  same  manner  as  the  forward  bright  light  men- 
tioned in  said  subdivision  (a)  of  rule  three.  Such  steamer 
shall  also  carry  a  small  bright  light  abaft  the  funnel  or  after 
mast  for  the  tow  to  steer  by,  but  such  light  shall  not  be 
visible  forward  of  the  beam. 

EULE  5.  A  steam  vessel  having  a  raft  in  tow  shall,  in- 
stead of  the  forward  lights  mentioned  in  rule  four,  carry  on 
or  in  front  of  the  foremast,  or  if  a  vessel  without  a  foremast 
then  in  the  fore  part  of  the  vessel,  at  a  height  above  the 
hull  of  not  less  than  twenty  feet,  and  if  the  beam  of  the 
vessel  exceeds  twenty  feet,  then  at  a  height  above  the  hull 
not  less  than  such  beam,  so  however  that  such  height  need 
not  exceed  forty  feet,  two  bright  lights  in  a  horizontal  line 
athwartships  and  not  less  than  eight  feet  apart,  each  so 
fixed  as  to  throw  the  light  all  around  the  horizon  and  of 
such  character  as  to  be  visible  at  a  distance  of  at  least  five 
miles.  Such  steamer  shall  also  carry  the  small  bright  steer- 
ing light  aft,  of  the  character  and  fixed  as  required  in  rule 
four. 

RULE  6-  A  sailing  vessel  under  way  and  any  vessel  being 
towed  shall  carry  the  side  lights  mentioned  in  rule  three. 

A  vessel  in  tow  shall  also  carry  a  small  bright  light  aft, 
but  such  light  shall  not  be  visible  forward  of  the  beam. 

ete!f  on  ftheult.     RuLE  7-  T.he  nght.s  for  tuSa  Ullder  thirty  tons  register 
Lawrence.         whose  principal  business  is  harbor  towing,  and  for  boats 
stTLf^rence.°n  navigating  only  on  the  River  Saint  Lawrence,  also  ferry- 
boats, rafts,  and  canal  boats,  shall  be  regulated  by  rules 
which  have  been  or  may  hereafter  be  prescribed  by  the 
Board  of  Supervising  Inspectors  of  Steam  Vessels. 
Lights  for  small     EULE  8.  Whenever,  as  in  the  case  of  small  vessels  under 
way  during  bad  weather,  the  green  and  red  side  lights  can 
not.  be  fixed,  these  lights  shall  be  kept  at  hand  lighted  and 
ready  for  use,  and  shall,  on  the  approach  of  or  to  other 
vessels,  be  exhibited  on  their  respective  sides  in  sufficient 
time  to  prevent  collision,  in  such  manner  as  to  make  them 


RULES   GOVERNING    SIGNAL    LIGHTS,  ETC.  293 

most  visible,  and  so  that  the  green  light  shall  not  be  seen 
OH  the  port  side,  iior  the  red  light  011  the  starboard  side, 
nor,  if  practicable,  more  than  two  points  abalt  the  beam  on 
their  respective  sides.  To  make  the  use  of  these  portable 
lights  more  certain  and  easy,  they  shall  each  be  painted 
outside  with  the  color  of  the  light  they  respectively  con- 
tain, and  shall  be  provided  with  suitable  screens. 

ETJLE  9.  A  vessel  under  one  hundred  and  fifty  feet  reg- 
ister  length,  when  at  anchor,  shall  carry  forward,  where  it 
can  best  be  seen,  but  at  a  height  not  exceeding  twenty  feet 
above  the  hull,  a  white  light  in  a  lantern  constructed  so  as 
to  show  a  clear,  uniform,  and  unbroken  light,  visible  all 
around  the  horizon,  at  a  distance  of  at  least  one  mile. 

A  vessel  of  one  hundred  and  fifty  feet  or  upward  in  reg- 
ister length,  when  at  anchor,  shall  carry  in  the  forward 
part  of  the  vessel,  at  a  height  of  not  less  than  twenty  and 
not  exceeding  forty  feet  above  the  hull,  one  such  light, 
and  at  or  near  the  stern  of  the  vessel,  and  at  such  a  height 
that  it  shall  be  not  less  than  fifteen  feet  lower  than  the 
forward  light,  another  such  light. 

KULE  10.  Produce  boats,  canal  boats,  fishing  boats,  rafts, 
or  other  water  craft  navigating  any  bay,  harbor,  or  river  by  St  on  bays,  bar- 
hand  power,  horse  power,  sail,  or  by  the  current  of  the  b<JJ  *J*  J1**^ 
river,  or  which  shall  be  anchored  or  moored  in  or  near  the  boatagon  rivers/ 
channel  or  fairway  of  any  bay,  harbor,  or  river,  and  not 
otherwise  provided  for  in  these  rules,  shall  carry  one  or 
more  good  white  lights,  which  shall  be  placed  in  such  man- 
ner as  shall  be  prescribed  by  the  Board  of  Supervising 
Inspectors  of  Steam  Vessels. 

RULE  11.  Open  boats  shall  not  be  obliged  to  carry  thebo^fbtsfor°Peu 
side  lights  required  for  other  vessels,  but  shall  if  they  do 
not  carry  such  lights,  carry  a  lantern  having  a  green  slide 
on  one  side  and  a  red  slide  on  the  other  side;  and  on  the 
approach  of  or  to  other  vessels,  such  lantern  shall  be  exhib- 
ited in  sufficient  time  to  prevent  collision,  and  in  such  a 
manner  that  the  green  light  shall  not  be  seen  on  the  port 
side,  nor  the  red  light  on  the  starboard  side.  Open  boats, 
when  at  anchor  or  stationary,  shall  exhibit  a  bright  white 
light.  They  shall  not,  however,  be  prevented  from  using  a 
flare-up  in  addition  if  considered  expedient. 

RULE  12.  Sailing  vessels  shall  at  all  times,  on  the  ap-  Lighted  troche*, 
proach  of  any  steamer  during  the  nighttime,  show  a  lighted 
torch  upon  that  point  or  quarter  to  which  such  steamer  shall 
be  approaching. 

RULE  13.  The  exhibition  of  any  light  on  board  of  a  ves- 
sel  of  war  or  revenue  cutter  of  the  United  States  may  be 
suspended  whenever,  in  the  opinion  of  the  Secretary  of  the 
Navy,  the  commander  in  chief  of  a  squadron,  or  the  com- 
mander of  a  vessel  acting  singly,  the  special  character  of 
the  service  may  require  it. 

RULE  14.  A  steam  vessel  shall  be  provided  with  an  effi-     F°g  signals. 
cient  whistle,  sounded  by  steam  or  by  some  substitute  for 
steam,  placed  before  the  funnel  not  less  than  eight  feet 
from  the  deck,  or  in  such  other  place  as  the  local  inspectors 
of  steam  vessels  shall  determine,  and  of  such  character  as 


294   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

to  be  heard  in  ordinary  weather  at  a  distance  of  at  least 
two  miles,  and  with  an  efficient  bell,  and  it  is  hereby  made 
the  duty  of  the  United  States  local  inspectors  of  steam 
vessels  when  inspecting  the  same  to  require  each  steamer 
to  be  furnished  with  such  whistle  and  bell.  A  sailing  ves- 
sel shall  be  provided  with  an  efficient  fog  horn  and  with  an 
efficient  bell. 

Whenever  there  is  thick  weather  by  reason  of  fog,  mist, 
falling  snow,  heavy  rainstorms,  or  other  causes,  whether 
by  day  or  by  night,  fog  signals  shall  be  used  as  follows: 

(a)  A  steam  vessel  under  way,  excepting  only  a  steam 
vessel  with  raft  in  tow,  shall  sound  at  intervals  of  not  more 
than  one  minute  three  distinct  blasts  of  her  whistle. 

(b)  Every  vessel  in  tow  of  another  vessel  shall,  at  inter- 
vals of  one  minute,  sound  four  bells  on  a  good  and  efficient 
and  properly  placed  bell  as  follows:  By  striking  the  bell 
twice  in  quick  succession,  followed  by  a  little  longer  inter- 
val, and  then  again  striking  twice  in  quick  succession  (in 
the  manner  in  which  four  bells  is  struck  in  indicating  time.) 

(c)  A  steamer  with  a  raft  in  tow  shall  sound  at  intervals 
of  not  more  than  one  minute  a  screeching  or  Modoc  whistle 
for  from  three  to  five  seconds. 

(d)  A  sailing  vessel  under  way  and  not  in  tow  shall  sound 
at  intervals  of  not  more  than  one  minute — 

If  on  the  starboard  tack  with  wind  forward  of  abeam, 
one  blast  of  her  fog  horn ; 

If  on  the  port  tack  with  wind  forward  of  abeam,  two  blasts 
of  her  fog  horn; 

If  she  has  the  wind  abaft  the  beam  on  either  side,  three 
blasts  of  her  fog  horn. 

(e)  Any  vessel  at  anchor  and  any  vessel  aground  in  or 
near  a  channel  or  fairway  shall  at  intervals  of  not  more  than 
two  minutes  ring  the  bell  rapidly  for  three  to  five  seconds. 

(f)  Vessels  of  less  than  ten  tons  registered  tonnage,  not 
being  steam  vessels,  shall  not  be  obliged  to  give  the  above- 
mentioned  signals,  but  if  they  do  not  they  shall  make  some 
other  efficient  sound  signal  at  intervals  of  not  more  than 
one  minute. 

(g)  Produce  boats,  fishing  boats,  rafts,  or  other  water  craft 
navigating  by  hand  power  or  by  the  current  of  the  river,  or 
anchored  or  moored  in  or  near  the  channel  or  fairway  and 
not  in  any  port,  and  not  otherwise  provided  for  in  these 
rules,  shall  sound  a  fog  horn,  or  equivalent  signal,  at  inter- 
vals of  not  more  than  one  minute. 

speed  in  thick     RULE  15.  Every  vessel  shall,  in  thick  weather,  by  reason 
-weather.  of  fOg^  mjst?  falling  snow,  heavy  rain  storms,  or  other  causes, 

go  at  moderate  speed.  A  steam  vessel  hearing,  apparently 
not  more  than  four  points  from  right  ahead,  the  fog  signal 
of  another  vessel  shall  at  once  reduce  her  speed  to  bare 
steerageway,  and  navigate  with  caution  until  the  vessels 
shall  have  passed  each  other. 

steering  ami     KuLE  16.  When  two  sailing  vessels  ar^  approaching  one 
8aslafngvSsei8.  another  so  as  to  involve  risk  of  collision  one  of  them  shall 
keep  out  of  the  way  of  the  other,  as  follows,  namely: 

(a)  A  vessel  which  is  running  free  shall  keep  out  of  the 
way  of  a  vessel  which  is  closehauled. 


RULES    GOVERNING    SIGNAL    LIGHTS,  ETC.  295 

(b)  A  vessel  which  is  closehauled  on  the  port  tack  shall 
keep  out  of  the  way  of  a  vessel  which  is  closehauled  on  the 
starboard  tack. 

(c)  When  both  are  miming  free,  with  the  wind  on  differ- 
ent sides,  the  vessel  which  has  the  wind  on  the  port  side 
shall  keep  out  of  the  way  of  the  other. 

(d)  When  they  are  running  free,  with  the  wind  on  the 
same  side,  the  vessel  which  is  to  windward  shall  keep  out 
of  the  way  of  the  vessel  which  is  to  leeward. 

RULE  17.  When  two  steam  vessels  are  meeting  end  on,    steam  vessels. 
or  nearly  end  on,  so  as  to  Involve  risk  of  collision  each 
shall  alter  her  course  to  starboard,  so  that  each  shall  pass 
on  the  port  side  of  the  other. 

RULE  18.  When  two  steam  vessels  are  crossing  so  as  to 
involve  risk  of  collision  the  vessel  which  has  the  other  on 
her  own  starboard  side  shall  keep  out  of  the  way  of  the 
other. 

RULE  19.  When  a  steam  vessel  and  a  sailing  vessel  are 
proceeding  in  such  directions  as  to  involve  risk  of  collision 
the  steam  vessel  shall  keep  out  of  the  way  of  the  sailing 
vessel. 

RULE  20.  Where,  by  any  of  the  rules  herein  prescribed, 
one  of  two  vessels  shall  keep  out  of  the  way,  the  other 
shall  keep  her  course  and  speed. 

RULE  21.  Every  steam  vessel  which  is  directed  by  these 
rules  to  keep  out  of  the  way  of  another  vessel  shall,  on  ap- 
proaching her,  if  necessary,  slacken  her  speed  or  stop  or 
reverse. 

RULE  22.  Notwithstanding  anything  contained  in  these 
rules  every  vessel  overtaking  any  other  shall  keep  out  of 
the  way  of  the  overtaken  vessel. 

RULE  23.  In  all  weathers  every  steam  vessel  under  way 
in  taking  any  course  authorized  or  required  by  these  rules 
shall  indicate  that  course  by  the  following  signals  on  her 
whistle,  to  be  accompanied  whenever  required  by  corre- 
sponding alteration  of  her  helm;  and  every  steam  vessel 
receiving  a  signal  from  another  shall  promptly  respond 
with  the  same  signal  or,  as  provided  in  Rule  Twenty-six: 

One  blast  to  mean,  "  I  am  directing  my  course  to  star- 
board." 

Two  blasts  to  mean,  "I  am  directing  my  course  to  port." 
But  the  giving  or  answering  signals  by  a  vessel  required 
to  keep  her  course  shall  not  vary  the  duties  and  obligations 
of  the  respective  vessels. 

RULE  24.  That  in  all  narrow  channels  where  there  is  a 
current,  and  in  the  rivers  Saint  Mary,  Saint  Glair,  Detroit, 
Niagara,  and  Saint  Lawrence,  when  two  steamers  are  meet- 
ing, the  descending  steamer  shall  have  the  right  of  way, 
and  shall,  before  the  vessels  shall  have  arrived  within  the 
distance  of  one-half  mile  of  each  other,  give  the  signal 
necessary  to  indicate  which  side  she  elects  to  take. 

RULE  25.  In  all  channels  less  than  five  hundred  feet  in 
width,  no  steam  vessel  shall  pass  another  going  in  the  same 
direction  unless  the  steam  vessel  ahead  be  disabled  or  sig- 


296   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

uify  lier  willingness  that  the  steam  vessel  astern  shall  pass, 
when  the  steam  vessel  astern  may  pass,  subject,  however, 
to  the  other  rules  applicable  to  such  a  situation.  And 
when  steam  vessels  proceeding  in  opposite  directions  are 
about  to  meet  in  such  channels,  both  such  vessels  shall  be 
slowed  down  to  a  moderate  speed,  according  to  the  circum- 
stances. 

Direct  signals.  KuLE  26.  If  the  pilot  of  asteani  vessel  to  which  a  passing 
signal  is  sounded  deems  it  unsafe  to  accept  and  assent  to 
said  signal,  he  shall  not  sound  a  cross  signal ;  but  in  that 
case,  and  in  every  case  where  the  pilot  of  one  steamer  fails 
to  understand  the  course  or  intention  of  an  approaching 
steamer,  whether  from  signals  being  given  or  answered 
erroneously,  or  from  other  causes,  the  pilot  of  such  steamer 
so  receiving  the  first  passing  signal,  or  the  pilot  so  in  doubt, 
shall  sound  several  short  and  rapid  blasts  of  the  whistle; 
and  if  the  vessels  shall  have  approached  within  half  a  mile 
of  each  other  both  shall  reduce  their  speed  to  bare  steer - 
ageway,  and,  if  necessary,  stop  and  reverse. 

immediate     RULE  27.  In  obeying  and  construing  these  rules  due 
danger.  regard  shall  be  had  to  all  dangers  of  navigation  and  colli- 

sion and  to  any  special  circumstances  which  may  render  a 
departure  from  the  above  rules  necessary  in  order  to  avoid 
immediate  danger. 

Negligence.  RULE  28.  Nothing  in  these  rules  shall  exonerate  any 
vessel,  or  the  owner  or  master  or  crew  thereof,  from  the 
consequences  of  any  neglect  to  carry  lights  or  signals,  or 
of  any  neglect  to  keep  a  proper  lookout,  or  of  a  neglect  of 
any  precaution  which  may  be  required  by  the  ordinary 
practice  of  seamen,  or  by  the  special  circumstances  of  the 
case. 

Fines.  SEC.  2.  That  a  fine,  not  exceeding  two  hundred  dollars, 

may  be  imposed  for  the  violation  of  any  of  the  provisions  of 
this  Act.  The  vessel  shall  be  liable  for  the  said  penalty, 
and  may  be  seized  and  proceeded  against,  by  way  of  littel, 
in  the  district  court  of  the  United  States  for  any  district 
within  which  such  vessel  may  be  found. 

Authority   to     SEC.  3.  That  the  Secretary  of  the  Treasury  of  the  United 
Sons.6  regu      States  shall  have  authority  to  establish  all  necessary  regu- 
lations, not  inconsistent  with  the  provisions  of  this  Act, 
required  to  carry  the  same  into  effect. 

The  Board  of  Supervising  Inspectors  of  the  United  States 
shall  have  authority  to  establish  such  regulations  to  be 
observed  by  all  steam  vessels  in  passing  each  other,  not 
inconsistent  with  the  provisions  of  this  Act,  as  they  shall 
from  time  to  time  deem  necessary;  and  all  regulations 
adopted  by  the  said  Board  of  Supervising  Inspectors  under 
the  authority  of  this  Act,  when  approved  by  the  Secretary 
of  the  Treasury,  shall  have  the  force  of  law.  Two  printed 
copies  of  any  such  regulations  for  passing,  signed  by  them, 
shall  be  furnished  to  each  steam  vessel,  and  shall  at  all 
times  be  kept  posted  up  in  conspicuous  places  on  board. 

Repeals-rules.  SEC.  4.  That  all  laws  or  parts  of  laws,  so  far  as  applicable 
to  the  navigation  of  the  Great  Lakes  and  their  connecting 


DIPLOMATIC    AND    CONSULAR    OFFICERS,  ETC.  297 

and  tributary  waters  as  far  east  as  Montreal,  inconsistent 
with  the  foregoing  rules  are  hereby  repealed. 

SEC.  5.  That  this  Act  shall  take  eifect  on  and  after  March 
first,  eighteen  hundred  and  ninety-five. 

DIPLOMATIC  AND    CONSULAR   OFFICERS. 

[See  also  MERCHANT  VESSELS  and  SERVICE.] 


Sec. 

14H3.  Navy  officers  temporarily  exercis- 
ing consular  powers. 

1440.  Accepting  appointments  vacates 
Navy  commission. 

1674.  Official  designations,  consular  and 
diplomatic  service. 

1707.  Protests. 


Sec. 

1709.  Estates  of  decedents. 

1710.  Notification  of  death. 

1711.  Decedent's    directions   to   be    fol- 

lowed. 

1737.  False  certificate  of  property. 

1738.  When   consular  officers    may    per- 

form diplomatic  functions. 


1708.  Lists  and  returns  of  seamen,  ves-  |  1750.  Depositions. 

sels,  etc.  I  1751.  Certain  correspondence  prohibited. 

SEC.  1433.  The  commanding  officer  of  any  fleet,  squad-  Title  is, chap.  2. 
roii,  or  vessel  acting  singly,  when  upon  the  high  seas  or  in    Consular  pow- 
any  foreign  port  where  there  is  no  resident  consul  of  the  erf;eb  20  1845  8 
United  States,  shall  be  authorized  to  exercise  all  the  pow- 2,  v.  5,  P.  725. 
ers  of  a  consul  in  relation  to  mariners  of   the  United 
States. 

SEC.  1440.  If  any  officer  of  the  Navy  accepts  or  holds 
an  appointment  in  the  diplomatic  or  consular  service  o 
the  Government,  he  shall  be  considered  as  having  resigned  ic^ar  30 
his  place  in  the  Navy,  and  it  shall  be  filled  as  a  vacancy.  2,  v.  is,  p.'ss. 

SEC.  1674.  The  official  designations  employed  through-  Title  is, chap, 
out  this  Title  shall  be  deemed  to  have  the  following  mean-    Definition   of 
ings,  respectively :  £f  *$ 

First.  "Consul-general,"    "consul,"    and    li  commercial  in  this  title, 
agent,"  shall  be  deemed  to  denote  full,  principal,  and 
manent  consular  officers,  as  distinguished  from  subordi-  Ju»e  20,  ISM,  | 
nates  and  substitutes.  ,fuiy'  25,'  isee,  v! 

Second.  "Deputy  consul"  and  "consular  agent"  shall  14« p- 225- 
be  deemed  to  denote  consular  officers  subordinate  to  such 
principals,  exercising  the  powers  and  performing  the  duties 
within  the  limits  of  their  consulates  or  commercial  agen- 
cies respectively,  the  former  at  the  same  ports  or  places, 
and  the  latter  at  ports  or  places  different  from  those  at 
which  such  principals  are  located  respectively. 

Third.  "Vice-consuls,"  and  "vice  commercial  agents," 
shall  be  deemed  to  denote  consular  officers,  who  shall  be 
substituted,  temporarily,  to  fill  the  places  of  consuls-gen- 
eral, consuls,  or  commercial  agents,  when  they  shall  be 
temporarily  absent  or  relieved  from  duty. 

Fourth.  "Consular  officer"  shall  be  deemed  to  include 
consuls-general,  consuls,  commercial  agents,  deputy  con- 
suls, vice-consuls,  vice- commercial  agents,  and  consular 
agents,  and  none  others. 

Fifth.  "Diplomatic  officer"  shall  be  deemed  to  include 
ambassadors,  envoys  extraordinary,  ministers  plenipoten- 
tiary, ministers  resident,  commissioners,  charge's  d'affaires, 
agents,  and  secretaries  of  legation,  and  none  others. 

[By  section  4130  K.  S.  as  amended,  the  word  "minis- 
ter "  is  understood  to  mean  the  person  invested  with,  and 


298       LAWS    RELATING    TO    THE    NAVY,    MARINE    CORPS,  ETC. 

exercising  the  principal  diplomatic  functions.  The  word 
"  consul "  is  understood  to  mean  any  person  invested  by  the 
United  States  with,  and  exercising  the  functions  of  Con- 
sul-General,  Vice-Consul-General,  Consul  or  Vice  Consul.] 
Title  is, chap.  2.  SEC.  1707.  Gousuls  and  vice-consuls  shall  have  the  right, 
Protests.  in  the  ports  or  places  to  which  they  are  severally  appointed, 
°f  receiving  the  protests  or  declarations  which  captains, 
masters,  crews,  passengers,  or  merchants,  who  are  citizens 
of  the  United  States,  may  respectively  choose  to  make  there; 
and  also  such  as  any  foreigner  in  ay  choose  to  make  before  them 
relative  to  the  personal  interest  of  any  citizen  of  the  United 
States.  Copies  of  such  acts  duly  authenticated  by  consuls 
or  vice-consuls,  under  the  seal  of  their  consulates,  respec- 
tively, shall  be  received  in  evidence  equally  with  their  orig- 
inals in  all  courts  in  the  United  States. 

SEC.  1^08.  Every  consular  officer  shall  keep  a  detailed 
vessels,  etc.      '  list  of  all  seamen  and  mariners  shipped  and  discharged  by 
VrUii!p'.68256'8'hi11]?  specifying  their  names  and  the  names  of  the  vessels 
see  sees.  4561,  on  which  they  are  shipped  and  from  which  they  are  dis- 
charged,  and  the  payments,  if  any,  made  on  account  of 
each  so  discharged ;  also  of  thenumber  of  the  vessels  arrived 
and  departed,  the  amounts  of  their  registered  tonnage, 
and  the  number  of  their  seamen  and  mariners,  and  of  those 
who  are  protected,  and  whether  citizens  of  the  United 
States  or  not,  and  as  nearly  as  possible  the  nature  and 
value  of  their  cargoes,  and  where  produced,  and  shall  make 
returns  of  the  same,  with  their  accounts  and  other  returns, 
to  the  Secretary  of  the  Treasury. 

°f  d°'     SEC>  1709>  Jt slia11  ke  tlie  duty  of  consuls  and  vice-consuls? 
Apr.i'4, 1792, s.  where  the  laws  of  the  country  permit: 

2,  v.i,  p.  255.  First.  To  take  possession  of  the  personal  estate  left  by 

any  citizen  of  the  United  States,  other  than  seamen  belong- 
ing to  any  vessel,  who  shall  die  within  their  consulate, 
leaving  there  no  legal  representative,  partner  in  trade,  or 
trustee  by  him  appointed  to  take  care  of  his  effects. 

Second.  To  inventory  the  same  with  the  assistance  of 
two  merchants  of  the  United  States,  or,  for  want  of  them, 
of  any  others  at  their  choice. 

Third.  To  collect  the  debts  due  the  deceased  in  the 
country  where  he  died,  and  pay  the  debts  due  from  his 
estate  which  lie  shall  have  there  contracted. 

Fourth.  To  sell  at  auction,  after  reasonable  public  notice, 
such  part  of  the  estate  as  shall  be  of  a  perishable  nature, 
and  such  further  part,  if  any,  as  shall  be  necessary,  for  the 
payment  of  his  debts,  and,  at  the  expiration  of  one  year, 
from  his  decease,  the  residue. 

Fifth.  To  transmit  the  balance  of  the  estate  to  the  Treas- 
ury of  the  United  States,  to  be  holden  in  trust  for  the  legal 
claimant;  except  that  if  at  any  time  before  such  transmis- 
sion the  legal  representative  of  the  deceased  shall  appear 
and  demand  his  eifects  in  their  hands  they  shall  deliver 
them  up,  being  paid  their  fees,  and  shall  cease  their  pro- 
ceedings. 

^Notification  of     SEC.  1710.  For  the  information  of  the  representative  of 
eidem.  the  deceased,  the  consul  or  vice-consul,  in  the  settlement 


DIPLOMATIC   AND    CONSULAR    OFFICERS,  ETC.  299 

of  his  estate,  shall  immediately  notify  his  death  in  one  of 
the  gazettes  published  in  the  consulate,  and  also  to  the 
Secretary  of  State,  that  the  same  may  be  notified  in  the 
State  to  which  the  deceased  belonged;  and  he  shall,  as 
soon  as  may  be,  transmit  to  the  Secretary  of  State  an  in- 
ventory of  the  effects  of  the  deceased,  taken  as  before 
directed. 

SEC.  17  11.  When  any  citizen  of  the  United  States,  dying  ^Decedent's  di- 
abroad,  leaves,  by  any  lawful   testamentary  disposition,™^™"8 


special  directions  for  the  custody  and  management,  by 
consular  officer  of  the  port  or  place  where  he  dies,  of  the 
personal  property  of  which  he  dies  possessed  in  such  coun- 
try, such  officer  shall,  so  far  as  the  laws  of  the  country 
permit,  strictly  observe  such  directions.  When  any  such 
citizen  so  dying,  appoints,  by  any  lawful  testamentary  dis- 
position, any  other  person  than  such  officer  to  take  charge  of 
and  manage  such  property,  it  shall  be  the  duty  of  the  offi- 
cer, whenever  required  by  the  person  so  appointed,  to  give 
his  official  aid  in  whatever  way  may  be  necessary  to  facilitate 
the  proceedings  of  such  person  in  the  lawful  execution  of  his 
trust,  and,  so  far  as  the  laws  of  the  country  permit,  to  pro- 
tect the  property  of  the  deceased  from  any  interference  of 
the  local  authorities  of  the  country  where  such  citizen  dies; 
and  to  this  end  it  shall  be  the  duty  of  such  consular  officer 
to  place  his  official  seal  upon  all  of  the  personal  property  or 
effects  of  the  deceased,  and  to  break  and  remove  such  seal 
as  may  be  required  by  such  person,  and  not  otherwise. 

SEC.  1737.  If  any  consul,  vice-consul,  commercial  agent,  cateoProperty 
or  vice-commercial  agent  falsely  and  knowingly  certifies    Feb.  28,  isoa,  s. 
that  property  belonging  to  foreigners  i  s  proper  ty  belonging  7'v>2>p'204< 
to  citizens  of  the  United  States,  he  shall  be  punishable  by 
imprisonment  for  not  more  than  three  years  and  by  a  fine 
of  not  more  than  ten  thousand  dollars. 

SEC.  1738.  No  consular  officer  shall  exercise  diplomatic  ci^Sy8™" 
functions,  or  hold  any  diplomatic  correspondence  or  rela-  form  diplomatic 
tion  on  the  part  of  the  United  States,  in,  with,  or  to  the^^il^e.s. 
Government  or  country  to  which  he  is  appointed,  or  any  12,  v.  li,  P'.  56.  ' 
other  country  or  Government,  when  there  is  in  such  coun-  unSaeer  Treason35' 
try  any  officer  of  the  United  States  authorized  to  perform 
diplomatic  functions  therein;   nor  in  any  case,  unless  ex- 
pressly authorized  by  the  President  so  to  do. 

SEC.  1750.  Every  Secretary  of  legation  and  consular  offi-  Title  is,  chap,  s. 
cer  is  hereby  authorized,  whenever  he  is  required  or  deems  Depositions. 
it  necessary  or  proper  so  to  do,  at  the  post,  port,  place,  or 
within  the  limits  of  his  legation,  consulate,  or  commercial 
agency,  to  administer  to  or  take  from  any  person  an  oath, 
affirmation,  affidavit,  or  deposition,  and  to  perform  any  nota- 
rial act  which  any  notary  public  is  required  or  authorized 
by  law  to  do  within  the  United  States.  Every  such  oath, 
affirmation,  affidavit,  deposition,  and  notarial  act  admin- 
istered, sworn,  affirmed,  taken,  had,  or  done,  by  or  before 
any  such  officer,  when  certified  under  his  hand  and  seal  of 
office,  shall  be  as  valid,  and  of  like  force  and  effect  within 
the  United  States,  to  all  intents  and  purposes,  as  if  admin- 
istered, sworn,  affirmed,  taken,  had,  or  done,  by  or  before 


300   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

any  other  person  within  the  United  States  duly  authorized 
Penalty  for  per-  aiicj  competent  thereto.     If  any  person  shall  willfully  and 

jury     in    such  ,, l  .,  f  J 

cases.  corruptly  commit  perjury,  or  by  any  means  procure  any 

person  to  commit  perjury  in  any  such  oath,  affirmation,  affi- 
davit, or  deposition,  within  the  intent  and  meaning  of  any 
act  of  Congress  now  or  hereafter  made,  such  offender  may 
be  charged,  proceeded  against,  tried,  convicted,  and  dealt 
with  in  any  district  of  the  United  States,  in  the  same  man- 
ner, in  all  respects,  as  if  such  offense  had  been  committed 
in  the  United  States,  before  any  officer  duly  authorized 
therein  to  administer  or  take  such  oath,  affirmation,  affi- 
davit, or  deposition,  and  shall  be  subject  to  the  same  punish- 
ment and  disability  therefor  as  are  or  shall  be  prescribed 

Evidence  of  by  any  such  act  for  such  offense;  and  any  document  pur- 

J'  porting  to  have  affixed,  impressed,  or  subscribed  thereto  or 

thereon  the  seal  and  signature  of  the  officer  administering 

or  taking  the  same  in  testimony  thereof,  shall  be  admitted 

in  evidence  without  proof  of  any  such  seal  or  signature  being 

Penalty  for  genuine  or  of  the  official  character  of  such  person;  and  if 

forging  certin-  °  in/.  -i  •  j  i 

cuieofoath.       any  person  shall  forge  any  such  seal  or  signature,  or  shall 
2iVI?i1p  if6'8'  tender  in  evidence  any  such  document  with  a  false  or  coun- 
see  sees.  5392,  terfeit  seal  or  signature  thereto,  knowing  the  same  to  be 
5393,  Perjury.  •  fa]se  or  counterfeit,  he  shall  be  deemed  and  taken  to  be 
guilty  of  a  misdemeanor,  and  on  conviction  shall  be  impris- 
oned not  exceeding  three  years  nor  less  than  one  year,  and 
fined  in  a  sum  not  to  exceed  three  thousand  dollars,  and 
may  be  charged,  proceeded  against,  tried,  convicted,  and 
dealt  with,  therefor,  in  the  district  where  he  may  be  arrested 
or  in  custody. 

Certain    corre-        gEC<  1751.    No  diplomatic  Of  COUSUlar  Officer   Shall  Corre- 
spondence by  om-  ,      .  1     ,          ,1  t    1-  /V.     •  /»  /»•  /-( 

c^rs  prohibited,  spond  in  regard  to  the  public  affairs  of  any  foreign  Gov- 

^iwd.,  s.  19,  p.  ernment  with   any  private  person,  newspaper,  or  other 

see  June  n,  periodical,  or  otherwise  than  with  the  proper  officers  of  the 

United  States,  nor  recommend  any  person,  at  home  or 

abroad,  for  any  employment  of  trust  or  profit  under  the 

Government  of  the  country  in  which  he  is  located;  nor  ask 

nor  accept,  for  himself  or  any  other  person,  any  present, 

emolument,  pecuniary  favor,  office,  or  title  of  any  kind, 

from  any  such  Government. 

June  17, 1874.      Nor  shall  any  diplomatic  or  consular  officer  correspond  in 
certain  corre-  regard  to  the  public  affairs  of  any  foreign  Government  with 
biddennce   f  °r~ an^  priv^6  person,  newspaper,  or  other  periodical,  or  other- 
Not  _u>  recom-wise  than  with  the  proper  officers  of  the  United  States; 
"moment  8for nor  without  the  consent  of  the  Secretary  of  State  previously 
a«-ept  titles  or  obtained,  recommend  any  person  at  home  or  abroad  for  any 
Iirjun°t8i7,  1874,  employment  or  trust  or  profit  under  the  Government  of  the 
v'seep' Bribes'  coull^ry  *n  which  he  is  located;  nor  ask  or  accept  for  him 
n  t  s^  a^'i  self  or  any  other  person,  any  present,  emolument,  pecuniary 
favor>  office,  or  title  of  any  kind  from  any  such  Government. 


EXPATRIATION,  EXTRADITION,  ETC. 


301 


EXPATRIATION. 


Sec. 

1999.  Right  of  expatriation  declared. 

2000.  Protection  of  naturalized  citizens  in 

foreign  countries. 


Sec. 

2001.  Kelease  of  citizens  imprisoned  by 
foreign  governments. 


SEC.  1999.  Whereas  the  right  of  expatriation  is  a  natural       Title  25. 
and  inherent  right  of  all  people,  indispensable  to  the  enjoy-    Right  of  expa- 
ment  of  the  rights  of  life,  liberty,  and  the  pursuit  of 


piness;  and  whereas  in  the  recognition  of  this  principle  thisi,v.i5,p.223.  ' 
Government  has  freely  received  emigrants  from  all  nations, 
and  invested  them  with  the  rights  of  citizenship;  and 
whereasit  is  claimed  that  such  American  citizens,  with  their 
descendants,  are  subjects  of  foreign  states,  owing  allegiance 
to  the  governments  thereof;  and  whereas  it  is  necessary  to 
the  maintenance  of  public  peace  that  this  claim  of  foreign 
allegiance  should  be  promptly  and  finally  disavowed: 
Therefore  any  declaration,  instruction,  opinion,  order,  or 
decision  of  any  officer  of  the  United  States  which  denies, 
restricts,  impairs,  or  questions  the  right  of  expatriation,  is 
declared  inconsistent  with  the  fundamental  principles  of 
the  Eepublic. 
SEC.  2000.  All  naturalized  citizens  of  the  United  States,  protection  to 

,.,._.  ,    .  .....     ,    ,  ,      .      ,.  '  naturalized  citi- 

while  in  foreign  countries,  are  entitled  to  and  shallreceivezens  in  foreign 
from  this  Government  the  same  protection  of  persons  and8*^;  g  2  p 
property  which  is  accorded  to  native  born  citizens.  224. 

SEC.  2001.  Whenever  it  is  made  known  to  the  President 
that  any  citizen  of  the  United  States  has  been  unjustly 
deprived  of  his  liberty  by  or  under  the  authority  of 
foreign  government,  it  shall  be  the  duty  of  the  President  ibid.,  s.  3,  P 
forthwith  to  demand  of  that  government  the  reasons  of224' 
such  imprisonment;  and  if  it  appears  to  be  wrongful  and  in 
violation  of  the  rights  of  American  citizenship,  the  Presi- 
dent shall  forthwith  demand  the  release  of  such  citizen, 
and  if  the  release  so  demanded  is  unreasonably  delayed  or 
refused,  the  President  shall  use  such  means,  not  amounting 
to  acts  of  war,  as  he  may  think  necessary  and  proper  to 
obtain  or  effectuate  the  release;  and  all  the  facts  and  pro- 
ceedings relative  thereto  shall  as  soon  as  practicable  be 
communicated  by  the  President  to  Congress. 


to  be 


EXTRADITION. 


Sec. 

5270.  Fugitives  from   the    justice  of  a 

foreign  country. 
.  Act  Aug.  3,  1882".  Evidence  on  the 

hearing. 

5272.  Surrender  of  the  fugitive. 

5273.  Time  allowed  for  extradition. 

5274.  Continuance  of  provisions  limited. 

5275.  Protection  of  the  accused. 

5276.  Powers  of  agent  receiving  offend- 

ers delivered  by  a  foreign  govern- 
ment. 


Sec. 

5277.  Penalty  for  opposing  agent,  etc. 

5278.  Fugitives  from  justice  of  a  State  or 

Territory. 

5279.  Penalty  for  resisting  agent,  etc. 

5280.  Arrest  of  deserting  seamen  from 

foreign  vessels. 

5409.  Allowing  prisoners  to  escape. 

5410.  Application  bf  preceding  section. 


Title  66. 


SBC.  5270.  Whenever  there  is  a  treaty  or  convention  for  _ 
extradition  between  the  Government  of  the  United  States  Fugitives  from 
and  any  foreign  government,  any  justice  of  the  Supreme  foreig^cSuntry* 
Court,  circuit  judge,  district  judge,  commissioner,  author-  Aug.  12,  ms, 
ized  so  to  do  by  any  of  the  courts  of  the  United  States,  or 8>  l'  v< 9l p> 302' 


302   LAWS  RELATING  TO  THE  NAVY,  MARINE  COUPS,  ETC. 

judge  of  a  court  of  record  of  general  jurisdiction  of  any 
State,  may,  upon  complaint  made  under  oath,  charging  any 
person  found  within  the  limits  of  any  State,  district,  or 
Territory,  with  having  committed  within  the  jurisdiction  of 
any  such  foreign  government  any  of  the  crimes  provided 
for  by  such  treaty  or  convention,  issue  his  warrant  for  the 
apprehension  of  the  person  so  charged,  that  he  may  be 
brought  before  such  justice,  judge,  or  commissioner,  to  the 
end  that  the  evidence  of  criminality  may  be  heard  and  con- 
sidered. If,  on  such  hearing,  he  deems  the  evidence  suffi- 
cient to  sustain  the  charge  under  the  provisions  of  the 
proper  treaty  or  convention,  he  shall  certify  the  same, 
together  with  a  copy  of  all  the  testimony  taken  before  him, 
to  the  Secretary  of  State,  that  a  warrant  may  issue  upon 
the  requisition  of  the  proper  authorities  of  such  foreign 
government,  for  the  surrender  of  such  person,  according 
to  the  stipulations  of  the  treaty  or  convention;  and  he 
shall  issue  his  warrant  for  the  commitment  of  the  person 
so  charged  to  the  proper  jail,  there  to  remain  until  such 
surrender  shall  be  made. 

Aug.  a,  1882.       gECi.  5.  That  in  all  cases  where  any  depositions,  war- 

supp.  ii.  s.,  22  rants,  or  other  papers  or  copies  thereof  shall  be  offered  in 

toVsw1''  215>  18?4  evidence  upon  the  hearing  of  any  extradition  case  under 

Evidence  on  Title   sixty-six  of  the  Revised   Statutes  of  the  United 

hesubetitute  for  States,  such  depositions,  warrants,  and  other  papers,  or 

Ri4How5iJ5-  5^e  c°Pies  thereof,  shall  be  received  and  admitted  as  evi- 

Biatch.,''4i4;'  7  deuce  on  such  hearing  for  all  the  purposes  of  such  hearing 

SlatcS'1  137-  30  ^  tnev  sna^  ^e  properly  and  legally  authenticated  so  as  to 

r,  latch.,  59;  4  entitle  them  to  be  received  for  similar  purposes  by  the  tri- 

Fediitepl'so^iebunals  of  the  foreign  country  from  which  the  accused 

Fed.    ep.'.sss;  22  party  shall  have  escaped,  and  the  certificate  of  the  princi- 

pal diplomatic  or  consular  officer  of  the  United  States 

resident  in  such  foreign  country  shall  be  proof  that  any 

deposition,  warrant  or  other  paper  or  copies  thereof,  so 

offered,  are  authenticated  in  the  manner  required  by  this 

act. 


Re^»1_°1f  R-  s--     SEC.  G.  The  act  approved  June  nineteenth,  eighteen  hun- 

sec.  5271,  and  ,        ,  v1  ,.,,     ,      ,  . 

i876,junei9,  ch.dred  and  seventy-six,  entitled  %<An  act  to  amend  section 
133  do  stat.  L.,  fifty-two  hundred  and  seventy-one  of  theEevised  Statutes 
of  the  United  States",  and  so  much  of  said  section  fifty- 
two  hundred  and  seventy-one  of  the  Revised  Statutes  of 
the  United  States  as  is  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

th??u"ietnvdeerof     SEC.  5272.  It  shall  be  lawful  for  the  Secretary  of  State, 

Aug.  12,  1848,  8.  under  his  hand  and  seal  of  office,  to  order  the  person  so 

3's^'Bec8%409,committed  to  be  delivered  to  such  person  as  shall  be  an 

5410.  '  thorized,  in  the  name  and  on  behalf  of  such  foreign  govern- 

ment, to  be  triecf  for  the  crime  of  which  such  person  shall  be 

so  accused,  and  such  person  shall  be  delivered  up  accord- 

ingly; and  it  shall  be  lawful  for  the  person   so   author- 

ized to  hold  such  person  in  custody,  and  to  take  him  to 

the  territory  of  such  foreign  government,  pursuant  to  such 

treaty.     If  the  person  so  accused  shall  escape  out  of  any 

custody  to  which  he  shall  be  committed,  or  to  which  he 

shall  be  delivered,  it  shall  be  lawful  to  retake  such  person 


EXTRADITION    UNDER    TREATISE,  ETC.  303 

in  the  same  manner  as  any  person  accused  of  any  crime 
against  the  laws  in  force  in  that  part  of  the  United  States 
to  which  he  shall  so  escape,  may  be  retaken  on  an  escape. 

SEC.  5273.  Whenever  any  person  who  is  committed  under  f ™ed 
this  title  or  any  treaty,  to  remain  until  delivered  up  in  pur- 
suance  of  a  requisition,  is  not  so  delivered  up  and  conveyed 
out  of  the  United  States  within  two  calendar  months  after 
such  commitment,  over  and  above  the  time  actually  required 
to  convey  the  prisoner  from  the  jail  to  which  he  was  com- 
mitted, by  the  readiest  way,  out  of  the  United  States,  it 
shall  be  lawful  for  any  judge  of  the  United  States,  or  of 
any  State,  upon  application  made  to  him  by  or  on  behalf  of 
the  person  so  committed,  and  upon  proof  made  to  him  that 
reasonable  notice  of  the  intention  to  make  such  application 
has  been  given  to  the  Secretary  of  State,  to  order  the  person 
so  committed  to  be  discharged  out  of  custody,  unless  suffi- 
cient cause  is  shown  to  such  judge  why  such  discharge 
ought  notrto  be  ordered. 

SEC.  5274.  The  provisions  of  this  Title  relating  to  the 
surrender  of  persons  who  have  committed  crimes  in  foreign  ited. 
countries  shall  continue  in  force  during  the  existence  of      em-8-5- 
any  treaty  of  extradition  with  any  foreign  Government, 
and  no  longer. 

SEC.  5275.  Whenever  any  person  is  delivered  by  any  th^ ^°ctce^^n  of 
foreign  Government  to  an  agent  of  the  United  States,  for    Mar^Veg,  8. 
the  purpose  of  being  brought  within  the  United  States  and lf  v- 15>  p<  337- 
tried  for  any  crime  of  which  he  is  duly  accused,  the  Presi- 
dent shall  have  power  to  take  all  necessary  measures  for 
the  transportation  and  safe-keeping  of  such  accused  person, 
and  for  his  security  against  lawless  violence,  until  the  final 
conclusion  of  his  trial  for  the  crimes  or  offenses  specified  in 
the  warrant  of  extradition,  and  until  his  final  discharge 
from  custody  or  imprisonment  for  or  on  account  of  such 
crimes  or  offenses,  and  for  a  reasonable  time  thereafter, 
and  may  employ  such  portion  of  the  land  or  naval  forces  of 
the  United  States,  or  of  the  militia  thereof,  as  may  be  neces- 
sary for  the  safe-keeping  and  protection  of  the  accused. 

SEC.  5276.  Any  person  duly  appointed  as  agent  to  receive,  a  ^t^elvin" 
in  behalf  of  the  United  States,  the  delivery,  by  a  foreign  olenders^ilin? 
Government,  of  any  person  accused  of  crime  com  mitt  edfTedbyafo^eisu 

.,,  .  .   *  .     ,.    ,. J          ,.  ,,       TT    .,     ,   ~,  ,   ,  Government. 

within  the  jurisdiction  ot  the  United  States,  and  to  convey  idem,  e.  2. 
him  to  the  place  of  his  trial,  shall  have  all  the  powers  of 
a  marshal  of  the  United  States,  in  the  several  districts 
through  which  it  may  be  necessary  for  him  to  pass  with 
such  prisoner,  so  far  as  such  power  is  requisite  for  the 
prisoner's  safe-keeping. 

SEC.  5277.  Every  person  who  knowingly  and   willfully  ^fn^nTete 
obstructs,  resists,  or  opposes  such  agent  in  the  execution  of  P°idem?f.e3. >e 
his  duties,  or  who  rescues  or  attempts  to  rescue  such  pris- 
oner, whether  in  the  custody  of  the  agent  or  of  any  officer 
or  person  to  whom  his  custody  has  lawfully  been  committed, 
shall  be  punishable  by  a  fine  of  not  more  than  one  thousand 
dollars,  and  by  imprisonment  for  not  more  than  one  year. 

SEC.  5278.  Whenever  the  executive  authority  of  any  State  .  Fugitivesirom 

m         *j.  t  j  f       '^'         f  •       j.'         jusLice  01  a  oiate 

or  Territory  demands  any  person  as  a  fugitive  from  justice,  or  Territory. 


304   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


i  veib'  1  302793'  8>  of  t^6  executive  authority  of  any  State  or  Territory  to 
which  such  person  has  fled,  and  produces  a  copy  of  an 
indictment  found  or  an  affidavit  made  before  a  magistrate 
of  any  State  or  Territory,  charging  the  person  demanded 
with  having  committed  treason,  felony,  or  other  crime,  cer- 
tified as  authentic  by  the  governor  or  chief  magistrate  of 
the  State  or  Territory  from  whence  the  person  so  charged 
has  tied,  it  shall  be  the  duty  of  the  executive  authority  of 
the  State  or  Territory  to  which  such  person  has  fled  to 
cause  him  to  be  arrested  and  secured,  and  to  cause  notice 
of  the  arrest  to  be  given  to  the  executive  authority  making 
such  demand,  or  to  the  agent  of  such  authority  appointed 
to  receive  the  fugitive,  and  to  cause  the  fugitive  to  be  deliv- 
ered to  such  agent  when  he  shall  appear.  If  no  such  agent 
appears  within  six  months  from  the  time  of  the  arrest,  the 
prisoner  may  be  discharged.  All  costs  or  expen  ses  incurred 
in  the  apprehending,  securing,  and  transmitting  such  fugi- 
tive to  the  State  or  Territory  making  such  demand,,  shall  be 
paid  by  such  State  or  Territory. 
Penalty  for  re-  SEC.  5279.  Any  agent  so  appointed  who  receives  the 

sisting  agent,  fugj^|ve  jn^o  fas  custody,  shall  be  empowered  to  transport 

See™ec85409    ^m  ^°  *^e  State  or  Territory  from  which  he  has  fled.    And 

every  person  who,  by  force,  sets  at  liberty  or  rescues  the 

fugitive  from  such  agent  while  so  transporting  him,  shall 

be  fined  not  more  than  five  hundred  dollars  or  imprisoned 

not  more  than  one  year. 

Arrest  of  de-     gEC>  5280.  On  application  of  a  consul  or  vice-consul  of 

sorting    seamen  _  .  ,  . 

from  foreign  ve«-  any  foreign  government  having  a  treaty  with  the  United 
86Mar.  2,i829,ch.  States  stipulating  for  the  restoration  of  seamen  deserting, 
4i,  v.  4,'  p.  359  ;  made  in  writing,  stating  that  the  person  therein  named  has 
m,  v^io^'eu!  deserted  from  a  vessel  of  any  such  government,  while  in 
any  port  of  the  United  States,  and  on  proof  by  the  exhibi- 
tion of  the  register  of  the  vessel,  ship's  roll,  or  other  official 
document,  that  the  person  named  belonged,  at  the  time  of 
desertion,  to  the  crew  of  such  vessel,  it  shall  be  the  duty 
of  any  court,  judge,  commissioner  of  any  circuit  court, 
justice,  or  other  magistrate,  having  competent  power,  to 
issue  warrants  to  cause  such  person  to  be  arrested  for 
examination.  If,  on  examination,  the  facts  stated  are 
found  to  be  true,  the  person  arrested  not  being  a  citizen  of 
the  United  States,  shall  be  delivered  up  to  the  consul  or 
vice-consul,  to  be  sent  back  to  the  dominions  of  any  such 
government,  or,  on  the  request  and  at  the  expense  of  the 
consul  or  vice-consul,  shall  be  detained  until  the  consul  or 
vice-consul  finds  an  opportunity  to  send  him  back  to  the 
dominions  of  any  such  government.  No  person  so  arrested 
shall  be  detained  more  than  two  months  after  his  arrest  ; 
but  at  the  end  of  that  time  shall  be  set  at  liberty,  and  shall 
not  be  again  molested  for  the  same  cause.  If  any  such 
deserter  shall  be  found  to  have  committed  any  crime  or 
offense,  his  surrender  may  be  delayed  until  the  tribunal 
before  which  the  case  shall  be  depending,  or  may  be  cog- 
nizable, shall  have  pronounced  its  sentence,  and  such  sen- 
tence shall  have  been  carried  into  effect. 


EXTRADITION — FISH   COMMISSIONER. 


305 


SEC.  5409.    Whenever  any  marshal,   deputy  marshal,  Title  70, chap.  4. 
ministerial  officer,  or  other  person,  has  in  his  custody  any    Allowing  pris- 
prisoner  by  virtue  of  process  issued  under  the  laws  of  the  onj|i'nj0  li^lseo, 
United  States  by  any  court  judge,  or  commissioner,  and  v.  12, p. 69.' 
such  marshal,  deputy  marshal,  ministerial  officer,  or  other 
person,  voluntarily  suffers  such  prisoner  to  escape,  he  shall 
be  fined  not  more  than  two  thousand  dollars,  or  imprisoned 
for  a  term  not  more  than  two  years,  or  both. 

SEC.  5410.  The  preceding  section  shall  be  construed  to  ^gjjjj* 
apply  not  only  to  cases  in  which  the  prisoner  who  escaped  Bon?  * 
was  charged  or  found  guilty  of  an  offense  against  the  laws    lbld< 
of  the  United  States,'but  also  to  cases  in  which  a  prisoner 
may  be  in  custody  charged  with  offenses  against  any  for- 
eign government  with  which  the  United  States  have  treaties 
of  extradition. 

FISH   COMMISSIONER. 


Application  of 
sec- 


Sec. 

Act  Jan.  20,  1888.  Appointment  of  Com- 
missioner of  Fish  and  Fisheries. 

Act  Mar.  3,  1885.  Details  from  Revenue 
Marine. 

Act  Mar.  3,  1883.  Assistant  Fish  Com- 
missioner. 

4396.  Duties  of  Commissioner. 


Sec. 

4397.  Executive  Department  to  aid  inves- 

tigation. 

4398.  Powers  of  Commissioner. 

Act  June  5, 1894.  Fur  Seals.    Penalty  for 

infraction  of  law  in  regard  to. 
Act  Mar.  3, 1893.  Fur  seals  of  Bering  Sea. 


That  section  four  thousand  three  hundred  and  ninety-five  Jan.  20,  isss. 
of  the  Revised  Statutes  of  the  United  States  be,  and  the    25Stat.L.,i. 
same  is  hereby,  amended  to  read  as  follows : 

That  there  shall  be  appointed  by  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate,  a  person  of  sci-  R.S., sec. 4395. 
entific  and  practical  acquaintance  with  the  fish  and  fisheries  Res81NoFei2  1p 
to  be  a  Commissioner  of  Fish  and  Fisheries,  and  he  shall  328;'  188-2,  Augl 
receive  a  salary  at  the  rate  of  five  thousand  dollars  a  year,  p.  §82*1883^?! 
and  he  shall  be  removable  at  the  pleasure  of  the  President.  3,  ch.'  143,'  par. 

Said  Commissioner  shall  not  hold  any  other  office  or  em-  Ma?.'  a,  ck  Ho, 
ployrnent  under  the  authority  of  the  United  States  or  any  jjjj1'^4^5 1^1 

State.  par.  3,  p.  563. 

[Par  7.]  And  the  Commissioner  of  Fish  and  Fisheries  is   Mar.  3, 1883. 
hereby  authorized  to  designate,  from  the  employees  of  the    22  stat.  L.,  603. 
Commission,  an  assistant,  to  discharge  his  duties  in  case  of  Co^sm?8sloie*r18h 
his  absence  or  disability:  »•  s., sec. 439*5. 

Provided,  That  no  increase  of  pay  shall  be  granted  mch.j,p.577n'     ' 
consequence  of  such  selection.     *     *     * 

[Par.  l.J  The  Secretary  of  the  Treasury  is  authorized  to    Mar.  8,  isss. 
detail  from  time  to  time  for  duty  under  the  Commissioner    23  stat.  L.,  473. 
of  Fish  and  Fisheries  any  officers  and  men  of  the  Re  venue  R^eim?  Marl™ 
Marine  Service  whose  services  can  be  spared  for  suchforFi8hCommis- 

•t     ,  *      *      *  sion.    R.  S.,  sees. 

duty.  2747-2765,    4396. 

1888,  Jan.  20,  ch. 

1,  p.  577. 

SEC.  4396.  The  Commissioner  of  Fish  and  Fisheries  shall 
prosecute  investigations  and  inquiries  on  the  subject,  with 
the  view  of  ascertaining  whether  any  and  what  diminution  v'seep'R,tv,.mie. 
in  the  number  of  the  food-fishes  of  the  coast  and  the  lakes  Cutter   service, 
of  the  United  States  has  taken  place ;  and,  if  so,  to  what Divi8ion  1V< 
causes  the  same  is  due;  and  also  whether  any  and  what 
protective,  prohibitory,  or  precautionary  measures  should 
be  adopted  in  the  premises;  and  shall  report  upon  the 
same  to  Congress. 
376 20 


306   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


r.  The  heads  of  the  several  Executive  Depart- 
ments shall  cause  to  be  rendered  all  necessary  and  practi- 

ibid.,8.3.  cable  aid  to  the  Commissioner  in  the  prosecution  of  his 
investigations  and  inquiries. 

Powers  of  corn-     gECj  439$.  The  Commissioner  may  take  or  cause  to  be 

miasioner.  ,,  , ,  e*  ,-,  /.  , , 

ibid.,  s.  4.  taken  at  all  times,  in  the  waters  of  the  sea-coast  of  the 
United  States,  where  the  tide  ebbs  and  flows,  and  also  in 
the  waters  of  the  lakes,  such  fish  or  specimens  thereof  as 
may  in  his  judgment,  from  time  to  time,  be  needful  or  proper 
for  the  conduct  of  his  duties,  any  law,  custom,  or  usage  of 
any  State  to  the  contrary  notwithstanding. 
n«r.  s,  1898.  And  the  Commissioner  of  Fisheries  is  authorized  and 

27  stat.  L.,  572.  required  to  investigate,  under  the  direction  of  the  Secretary 
o/^Ial^fe^onOf  the  Treasury,  and  when  so  requested  and  report  annu- 
Pribiiofisiand.   ally  to  him  regarding  the  conditions  of  seal  life  upon  the 
Berln  Sea18  ofrookeries  of  the  Pribilof  Island;  and  he  is  also  directed  to 

sree  notes  land  continue  the  inquiries  relative  to  the  life  history  and  migra- 
tions of  the  fur  seals  frequenting  the  waters  of  Bering 
Sea.  *  *  * 

Whereas  by  the  seventh  article  of  the  treaty  between 
le  United  States  and  Great  Britain,  concluded  at  Wash- 
prTreat"g'  1892  in£tou,    February    twenty-ninth,   eighteen   hundred   and 
Feb^.^Art.  vii  ninety-two,  in  relation  to  the  preservation  of  the  fur  seal, 
(27  stat. L.,  950).  ^he  high  contracting  parties  agree  to  co-operate  in  securing 
the  adhesion  of  other  powers  to  such  regulations  as  the 
arbitrators  under  said  treaty  might  determine  upon  for 
that  purpose;  and 

infractions8  f°r  Whereas  by  an  Act  of  Congress  approved  April  sixth, 
mi894, Aj?.' e, ch.  eighteen  hundred  and  ninety-four,  provision  has  been 
57seelnotes  3  and  ma(^e  by  ^ne  United  States  for  the  execution  of  the  regu- 
4.  lations  so  determined  upon  and  for  the  punishment  of  any 

infractions  of  said  regulations:  Therefore, 

Procedure  and  Be  it  enacted,  &c.j  That  the  procedure  and  penalties  pro- 
tended x"  vided  by  said  Act,  in  case  of  the  violation  of  the  provi- 
sions of  said  regulations,  are  hereby  made  applicable  to  and 
shall  be  enforced  against  any  citizen  of  the  United  States, 
or  person  owing  the  duty  of  obedience  to  the  laws  or  the 
treaties  of  the  United  States,  or  person  belonging  to  or  on 
board  of  a  vessel  of  the  United  States  who  shall  kill,  cap- 
ture, or  pursue,  at  any  time  or  in  any  manner  whatever,  as 
well  as  to  and  against  any  vessel  of  the  United  States  used 
or  employed  in  killing,  capturing,  or  pursuing,  at  any  time 
or  in  any  manner  whatever,  any  fur  seal  or  other  marine 
fur-bearing  animal, 

Fish  Commis-      Note  1.— See  note  to  1892,  August  5,  ch.  380,  par.  3,  for  review  of  laws  relating  to 
Bion.  Fish  Commission. 

Laws  relating     Note  2.— For  other  laws  relating  to  seals,  see  B.  S.,  sees.  1956-1958,  forbidding  the 
to  seals.  killing  of  fur  seals,  except  by  proper  authority;  K.  S.,  sees.  1959-1976,  and  1*74, 

Mar.  24,  ch.  64  (1  Supp.  tt.  S.,  6),  regulating  the  killing  of  fur  seals;  1875,  Mar.  3, 
ch.  130,  par.  6  (1  Supp.  R.  S.,  73),  and  1876,  July  31,  ch.  246,  par.  6  (I  Supp.  11.  S.,  115), 
relative  to  agents  at  seal  fisheries;  1884,  May  17,  ch.  53,  sec.  5  (1  Supp.  R.  S.,  4.TJ), 
directing  the  governor  of  Alaska  to  inquire  into  the  operations  of  the  Alaska  Seal 
and  Fur  Company;  1889,  Mar.  2,  ch.  415,  sec.  3  (1  Etapp.  B.  S..  701),  extending  prohi- 
bition of  killing  seals  to  Bering  Sea  and  requiring  proclamation  and  palrol  against 
June  5,  1894.  violations.  See  143  U.  S.,  472.  1893,  Feb.  21,  ch.  150,  extending  seal  protection  laws 

28  Stat.  L.,  85.    to  North  Pacific  Ocean.    See  also  treaty  with  Great  Britain  of  arbitration  of  ques- 

tions relating  to  seals  in  Bering  Sea  (27  Stat.  L.,  952). 

Note  S.— See  1894,  June  5,  ch.  91,  p.  190,  extending  the  provisions  of  this  act  to  vio- 
lations of  any  treaty  or  convention  with  any  other  power  than  Great  Britain.  See 
also  proclamation  of  President,  1893,  Apr.  8  (27  Stat.,  L.,  1070). 

Note  4—  The  word  "exclusive"  changed  to  "inclusive"  by  1894,  Apr.  24,  ch.  63, 
p.  181. 


FLAGS,  STANDARDS,  FRAUD,  FORGERY,  ETC. 


307 


in  violation  of  the  provisions  of  any  treaty  or  conven-  ^ 
tion  into  which  the  United  States  may  have  entered  or  eae  subject 
may  hereafter  enter  with  any  other  power  for  the  purpose 
of  protecting  fur  seals  or  other  marine  fur-bearing  animals, 

or  in  violation  of  any  regulations  which  the  President 
may  make  for  the  due  execution  of  such  treaty  or  conven- 
tion. 

FLAGS   AND  STANDARDS. 


lations 
nt. 


Sec. 

1554.  Captured  flags. 

1555.  Display  of  captured  nags. 

1791.  The  Hag  to  be  115  stripes  and  37  stai 


Sec. 

1792.  A  star  to  be  added  for  every  new 
State. 


Idem. 


SEC.  1554.  The  Secretary  of  the  Navy  shall  cause  to  be  Title  15, chap.  7. 
collected  and  transmitted  to  him,  at  the  seat  of  Govern-  captured  flags, 
ment  of  the  United  States,  all  such  flags,  standards,  andg  APr% 
colors  as  shall  have  been  or  may  hereafter  be  taken  by  the8' 
Navy  from  enemies. 

SEC.  1555.  All  flags,  standards,  and  colors  of  the  descrip- 
tion mentioned  in  the  foregoing  section,  which  are  now  in 
the  possession  of  the  Navy  Department,  or  may  hereafter 
be  transmitted  to  it,  shall  be  delivered  to  the  President,  for 
the  purpose  of  being,  under  his  direction,  preserved  and 
displayed  in  such  public  place  as  he  may  deem  proper. 

SEC.  1791.  The  flag  of  the  United  States  shall  be  thir- 
teen horizontal  stripes,  alternate  red  and  white;  and  the  The  flag  to  be 
union  of  the  flag  shall  be  thirty-seven  stars,  white  in  a  blue  8Lrsr.ipes  and  3? 
field.  Jan- 13.  1794.  v- 

1,  p.  314;  Apr.  4, 
1818,  s.  1,  v.  3,  p. 
415. 

SEC.  1792.  On  the  admission  of  a  new  State  into  the  adfedsl?0rr 
Union  one  star  shall  be  added  to  the  union  of  the  flag;  and  new  state. 
such  addition  shall  take  effect  on  the  fourth  day  of  July  2, :*' 
then  next  succeeding  such  admission. 

FRAUD,  FORGERY,  THEFT,  ETC. 


Title  20. 


Sec. 

183.  Clerks  investigating  frauds  may  ad- 
minister oath. 
5394.  Stealing  process,  etc. 
5418.  Forging,  etc.,  bid,  publicrecord,  etc. 

5421.  Forging  deed,  power  of  attorney, 

etc. 

5422.  Having  forged  papers  in  possession. 
5435.  False  personation. 

543G.  False  demand  on  fraudulent  power 

of  attorney. 
5438.  Making  or  pVesenting  false  claims. 


Sec. 

5439.  Embezzling  arms,  stores,  etc. 

Act  May  17,  1879.  All  parties  to  a  con- 
piracy  equally  guilty. 

5441.  Delaying  or  defrauding  captor  or 
claimant,  etc.,  of  prize-property. 

5456.  Robbery  or  larceny  of  personal  prop- 
erty of  the  United  States. 

5479.  Counterfeiting  or  forging  bids, 
bonds,  etc. 

Act  Mar.  3,  1875.  Larcenies  and  stolen 
goods. 


SEC.  183.  Any  officer  or  clerk  of  any  of  the  Departments  Title  4. 
lawfully  detailed  to  investigate  frauds  or  attempts  to  de-  paths, whenadf- 
fraud  on  the  Government,  or  any  irregularity  or  iniscon- ™(!e^|tg[®d  by  of' 
duct  of  any  oflicer  or  agent  of  the  United  States,  shall  Apr.  16,  1869, 
have  authority  to  administer  an  oath  to  any  witness  at-p^Mlr/r.mo', 
tending  to  testify  or  depose  in  the  course  of  such  investi-  chaP.  23'  *»$*•  P' 
gation. 

SEC.  5394.  Every  person  who  feloniously  steals,  takes  Title  70,  chap.  4. 
away,  alters,  falsifies,  or  otherwise  avoids  any  record,  writ,    stealing  or  ai- 

Erocess,  or  other  proceeding,  in  any  court  of  the  United  p^cnugr}nrg° 
tates,  by  means  whereof  any  judgment  is  reversed,  made  bail,  etc. 


308       LAWS    RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 

i5APr-  so,  ™,  s.  void,  or  does  not  take  effect,  and  every  person  who  acknowl 
junl22, 1874,8.19,' edges,  or  procures  to  be  acknowledged,  in  any  such  court, 
v.  is,  P.  loo.         ailv  recognizance,  bail,  or  judgment,  in  the  name  of  any 
other  person  not  privy  or  consenting  to  the  same,  shall  be 
fined  not  more  than  live  thousand  dollars  or  be  imprisoned 
nt  hard  labor  not  more  than  seven  years;  but  this  provision 
shall  not  extend  to  the  acknowledgment  of  any  judgment 
by  an  attorney,  duly  admitted  for  any  person  against  whom 
any  such  judgment  is  had  or  given. 

Title  70,  chap.  6.     SEC.  5418.  Every  person  who  falsely  makes,  alters,  forges, 

Forging,   etc.,  or  counterfeits  any  bid,  proposal,  guarantee,  official  bond, 

ord'  Stc.blic  rec  Public  record,  affidavit,  or  other  writing,  for  the  purpose  of 

Apr.  b,  1866,  B.  defrauding  the  United  States,  or  utters  or  publishes  as 

*' See  see.  5479.    true  any  such  false,  forged,  altered,  or  counterfeited  bid, 

proposal,  guarantee,  official  bond,  public  record,  affidavit, 

or  other  writing,  for  such  purpose,  knowing  the  same  to  be 

false,  forged,  altered,  or  counterfeited,  or  transmits  to  or 

presents  at  the  office  of  any  officer  of  the  United  States  any 

such  false,  forged,  altered,  or  counterfeited  bid,  proposal, 

guarantee,  official  bond,  public  record,  affidavit,  or  other 

writing,  knowing  the  same  to  be  false,  forged,  altered,  or 

counterfeited,  for  such  purpose,  shall  be  imprisoned  at  hard 

labor  for  a  period  not  more  than  ten  years,  or  be  lined  not 

more  than  one  thousand  dollars,  or  be  punished  by  both 

such  fine  and  imprisonment. 

owe?1!!?  atetm'  SEC.  5421.  Every  person  who  falsely  makes,  alters,  forges, 
EeyTetc?  M"  or  counterfeits  5  or  causes  or  procures  to  be  falsely  made, 
i  vTpf77i3>  8'  altered,  forged,  or  counterfeited;  or  willingly  aids  or  assists 
in  the  false  making,  altering,  forging,  or  counterfeiting,  any 
deed,  power  of  attorney,  order,  certificate,  receipt,  or  other 
writing,  for  the  purpose  of  obtaining  or  receiving,  or  of 
enabling  any  other  person,  either  directly  or  indirectly,  to 
obtain  or  receive  from  the  United  States,  or  any  of  their 
officers  or  agents,  any  sum  of  money;  or  who  utters  or  pub- 
lishes as  true,  or  causes  to  be  uttered  or  published  as  true, 
any  such  false,  forged,  altered,  or  counterfeited  deed,  power 
of  attorney,  order,  certificate,  receipt,  or  other  writing,  with 
intent  to  defraud  the  United  States,  knowing  the  same  to 
be  false,  altered,  forged,  or  counterfeited;  or  who  transmits 
to,  or  presents  at,  or  causes  or  procures  to  be  transmitted  to, 
or  presented  at,  any  office  or  officer  of  the  Government  of 
the  United  States,  any  deed,  power  of  attorney,  order,  cer- 
tificate, receipt,  or  other  writing,  in  support  of,  or  in  rela- 
tion to,  any  account  or  claim,  with  intent  to  defraud  the 
United  States,  knowing  the  same  to  be  false,  altered,  forged, 
or  counterfeited,  shall  be  imprisoned  at  hard  labor  for  a 
period  of  not  less  than  one  year  nor  more  than  ten  years; 
or  shall  be  imprisoned  not  more  than  five  years,  and  fined 
not  more  than  one  thousand  dollars. 

Having  forged     SEC.  5422.  Every  person  who,  knowingly  and  with  intent 

papers  in  pos  »-  to  defrau(i  the  United  States,  has  in  his  possession  any  false, 

^ibid.,  s.  2,  P.  altered,  forged,  or  counterfeited  deed,  power  of  attorney, 

order,  certificate,  receipt,  or  other  writing,  for  the  purpose 

of  enabling  another  to  obtain  from  the  United  States,  or 

any  of  their  officers  or  agents,  any  sum  of  money,  shall  be 

fined  and  imprisoned  at  the  discretion  of  the  court. 


FRAUD,  FORGERY,  THEFT,  ETC.  309 

SEC.  5435.  Every  person  who  falsely  personates  any  true  ..False  Pe™ona; 

,,,,,,         •  v*  ,  •      j_i  -i  T        ,       i      *lon  °f  bolder  of 

and  lawful  holder  ot  any  share  or  sum  in  the  public  stocks  public  stocks. 
or  debt  of  the  United  States,  or  any  person  entitled  to  any  ig 
annuity,  dividend,  pension,  prize-money,  wages,  or  other 
debt  due  from  the  United  States,  and,  under  color  of  such 
false  personation,  transfers  or  endeavors  to  transfer  such 
public  stock  or  any  part  thereof,  or  receives  or  endeavors 
to  receive  the  money  of  such  true  and  lawful  holder  thereof, 
or  the  money  of  any  person  really  entitled  to  receive  such 
annuity,  dividend,  pension,  prize-money,  wages,  or  other 
debt,  shall  be  punished  by  a  fine  of  not  more  than  live 
thousand  dollars,  and  by  imprisonment  at  hard  labor  not 
more  than  ten  years. 

SEC.  543(3.  Every  person  who  knowingly  or  fraudulently 
demands  or  endeavors  to  obtain  any  share  or  sum  in  the  power  of  attor- 
public  stocks  of  the  United  States,  or  to  have  any  partnefbid- 
thereof  transferred,  assigned,  sold,  or  conveyed,  or  to  have 
any   annuity,  dividend,   pension,  prize-money,  wages,  or 
other  debt  due  from  the  United  States,  or  any  part  thereof, 
received  or  paid  by  virtue  of  any  false,  forged,  or  counter- 
feited power  of  attorney,  authority,  or  instrument,  shall  be 
punished  by  a  fine  of  not  more  than  five  thousand  dollars, 
and  by  imprisonment  at  hard  labor  not  more  than  ten  years. 

SEC.  5438.  Every  person   who  makes  or  causes  to  be    Making  or 


made,  or  presents  or  causes  to  be  presented,  for  payment       " 


or  approval,  to  or  by  any  person  or  officer  in  the  civil,  mil-j  g1^!1  1863'65J- 

itary,  or  naval  service  of  the  United  States,  any  claim  efe'.T> 

upon  or  against  the  Government  of  the  United  States,  or34s^ 

any  Department  or  officer  thereof,  knowing  such  claim  to  claim's. 

be  false,  fictitious,  or  fraudulent,  or  who,  for  the  purpose 

of  obtaining  or  aiding  to  obtain  the  payment  or  approval 

of  such  claim,  makes,  uses,  or  causes  to  be  made  or  used, 

any  false  bill,  receipt,  voucher,  roll,  account,  claim,  certifi- 

cate, affidavit,  or  deposition,  knowing  the  same  to  contain 

any  fraudulent  or  fictitious  statement  or  entry,  or  who 

enters  into  any  agreement,  combination,  or  conspiracy  to 

defraud  the  Government  of  the  United  States,  or  any  De- 

partment or  officer  thereof,  by  obtaining  or  aiding  to  obtain 

the  payment  or  allowance  of  any  false  or  fraudulent  claim, 

or  who,  having  charge,  possession,  custody,  or  control  of 

any  money  or  other  public  property  used  or  to  be  used  in 

the  military  or  naval  service,  who,  with  intent  to  defraud 

the  United  States  or  willfully  to  conceal  such  money  or 

other  property,  delivers  or  causes  to  be  delivered,  to  any 

other  person  having  authority  to  receive  the  same,  any 

amount  of  such  money  or  other  property  less  than  that  for 

which  he  received  a  certificate  or  took  a  receipt,  and  every 

person    authorized   to    make  or  deliver  any    certificate, 

voucher,  receipt,  or  other  paper  certifying  the  receipt  of 

arms,  ammunition,  provisions,  clothing,  or  other  property 

so  used  or  to  be  used,  who  makes  or  delivers  the  same  to 

any  other  person  without  a  full  knowledge  of  the  truth  of 

the  facts  stated  therein,  and  with  intent  to  defraud  the 

United  States,  and  every  person  who  knowingly  purchases 

or  receives  in  pledge  for  any  obligation  or  indebtedness 

from  any  soldier,  officer,  sailor,  or  other  person  called  into 


310   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

or  employed  in  the  military  or  naval  service  any  arms, 
equipments,  ammunition,  clothes,  military  stores,  or  other 
public  property,  such  soldier,  sailor,  officer,  or  other  per- 
son not  having  the  lawful  right  to  pledge  or  sell  the  same, 
every  person  so  offending  in  any  of  the  matters  set  forth 
in  this  section  shall  be  imprisoned  at  hard  labor  for  not 
less  than  one  nor  more  than  five  years,  or  fined  not  less 
than  one  thousand  nor  more  than  five  thousand  dollars. 
Embezzling  SEC.  5439.  Every  person  who  steals  or  embezzles,  or 
aribid8tore8>etc'  knowingly  applies  to  his  own  use,  or  who  unlawfully  sells, 
conveys,  or  disposes  of,  any  ordnance,  arms,  ammunition, 
clothing,  subsistence  stores,  money,  or  other  property  of 
the  United  States,  furnished  or  to  be  used  for  the  military 
or  naval  service,  shall  be  punished  as  prescribed  in  the 
preceding  section. 

M»y  17,  1879.  That  section  fifty-four  hundred  and  forty  of  the  Revised 
21  stat.  L.,  4.  Statutes  of  the  United  States  of  America  be  amended  so 
*  to  read  as  follows: 


for  act  of  one. 

substitute  for     If  two  or  more  persons  conspire  either  to  commit  any 

100  u!  Ie,C33^4i2^  offense  against  the  United  States  or  to  defraud  the  United 

?if  ''726;611"'ori  ^ates  in  any  manner  or  for  any  purpose,  and  one  or  more 

Biatch.,  lea?  16  of  such  parties  do  any  act  to  effect  the  object  of  the  con- 

woods  '175  74^  2  spiracy  all  the  parties  to  such  conspiracy  shall  be  liable 

to  a  penalty  of  not  more  than  ten  thousand  dollars,  or  to 

imprisonment  for  not  more  than  two  years  or  to  both  fine 

and  imprisonment  in  the  discretion  of  the  court. 

frSfdfn^^tor     S]EC-  5441*  Everv  person  who  willfully  does  any  act  or 

or  claimant,  etc.,  aids  or  advises  in  the  doing  of  any  act  relating  to  the 

erty.prize  prop'  bringing  in,  custody,  preservation,  sale,  or  other  disposi- 

juneso,  1864,  s.  tion  of  any  property  captured  as  prize,  or  relating  to  any 

3Isee18ec8.3  4613-  documents  or  papers  connected  with  the  property,  or  to  any 

4652,  Prize.        deposition  or  other  document  or  paper  connected  with  the 

proceedings,  with  intent  to  defraud,  delay,  or  injure  the 

United  States  or  any  captor  or  claimant  of  such  property, 

shall  be  punished  by  a  fine  of  not  more  than  ten  thousand 

dollars,  or  by  imprisonment  not  more  than  five  years,  or 

both. 

SEC.  5456.  Every  person  who  robs  another  of  any  kind 
of  the  or  description  of  personal  property  belonging  to  the  United 
States,  or  feloniously  takes  and  carries  away  the  same,  shall 
i93,v.4,p.557.    be  punished  by  a  fine  of  not  more  than  five  thousand  dol- 
lars, or  by  imprisonment  at  hard  labor  not  less  than  one 
nor  more  than  ten  years,  or  by  both  such  fine  and  impris- 
onment. 

bid°bo1ndrfeticillg     SEC.  5479.  If  any  person  shall  falsely  make,  alter,  forge, 

June  8,  'i872,  s.  or  counterfeit,  or  cause  or  procure  to  be  falsely  made, 

Feb^717i8773ch!a^ere(i,  forged,  or  counterfeited,  or  willingly  aid,  or  assist 

69,  v.  19,  p.  253.  in  the  false  making,  altering,  forging,  or  counterfeiting,  any 

see  sec.  54       bond,  bid,  proposal,  guarantee,  security,  official  bond,  public 

record,  affidavit,  or  other  writing  for  the  purpose  of  defniml- 

ing  the  United  States;  or  shall  utter  or  publish  as  true,  or 

cause  to  be  uttered  or  published  as  true,  any  such  false, 

forged,  altered,  or  counterfeited  bond,  bid,  proposal,  guar- 

antee, security,  official  bond,  public  record,  affidavit,  or 


FRAUD,  FORGERY,  THEFT GUANO    ISLANDS,  ETC.  311 

other  writing,  for  the  purpose  of  defrauding  the  United 
States,  knowing  the  same  to  be  false,  forged,  altered,  or 
counterfeited;  or  shall  transmit  to,  or  present  at,  or  cause 
to  or  procure  to  be  transmitted  to,  or  presented  at,  the  office 
of  any  officer  of  the  United  States,  any  such  false,  forged, 
altered,  or  counterfeited  bond,  bid,  proposal,  guarantee, 
security,  official  bond,  public  record,  affidavit,  or  other 
writing,  knowing  the  same  to  be  false,  forged,  .altered,  or 
counterfeited,  for  the  purpose  of  defrauding  the  United 
States,  shall  be  punishable  by  a  tine  of  not  more  than  one 
thousand  dollars,  or  by  imprisonment  at  hard  labor  for  not 
more  than  ten  years,  or  by  both  such  punishments. 

That  any  person  who  shall  embezzle,  steal,  or  purloin  any    Mar-  3, 1876. 
money,  property,  record,  voucher,  or  valuable  thing  what-    Embezzling, 
ever,  of  the  moneys,  goods,  chattels,  records,  or  property  fJjjJ^&iitJS 
of  the  United  States,  shall  be  deemed  guilty  of  felony,  and  states  deemed 
on  conviction  thereof  before  the  district  or  circuit  courtof  the  felony;  Penalty- 
United  States  in  the  district  wherein  said  offense  may  have 
been  committed,  or  into  which  he  shall  carry  or  have  in  pos- 
session of  said  property  so  embezzled,  stolen,  or  purloined, 
shall  be  punished  therefor  by  imprisonment  at  hard  labor 
in  the  penitentiary  not  exceeding  five  years,  or  by  a  fine  not 
exceeding  five  thousand  dollars,  or  both,  at  the  discretion 
of  the  court  before  which  he  shall  be  convicted. 

SEC.  2.  That  if  any  person  shall  receive,  conceal,  or  aid  in  ce?°°wingly  re' 
concealing,  or  have,  or  retain  in  his  possession  with  intent in^Te^.,  stolen, 
to  convert  to  his  own  use  or  gain,  any  money,  property,  rec-  J^  prrp®rit7  °,f 
ord,  voucher,  or  valuable  thing  whatever,  of  the  moneys,  states;  penalty, 
goods,  chattels,  records,  or  property  of  the  United  States, 
which  has  theretofore  been  embezzled,  stolen,  or  purloined 
from  the  United  States  by  any  other  person,  knowing  the 
same  to  have  been  so  embezzled,  stolen,  or  purloined,  such 
person  shall,  on  conviction  before  the  circuit  or  district 
court  of  the  United  States  in  the  district  wherein  he  may 
have  such  property,  be  punished  by  a  fine  not  exceeding 
five  thousand  dollars,  or  imprisonment  at  hard  labor  in  the 
penitentiary  not  exceeding  five  years,  one  or  both,  at  the 
discretion  of  the  court  before  which  he  shall  be  convicted; 
and  such  receiver  may  be  tried  either  before  or  after  the    May  be  tried 
conviction  of  the  principal  felon,  but  if  the  party  has  been  conveic 
convicted,  then  the  judgment  against  him  shall  be  conclusive  principal, 
evidence  in  the  prosecution  against  such  receiver  that  the 
property  of  the  United  States  therein  described  has  been 
embezzled,  stolen,  or  purloined. 

GUANO  ISLANDS. 

Sec. 


Sec. 

5570.  Claim  of  United  States  to  islands. 

5;"71.  Xotice  of  discovery,  aud  proofs  to 

be  furnished. 
5572.  Completion  of  proof  in  case  of  death     5577.  Employment  of  land  and  naval 

of  discoverer. 


5573.  Exclusive  privileges  of  discoverer. 


5574.  Restrictions  upon  exportation. 

5575.  Regulation  of  guano  trade. 

5576.  Criminal  jurisdiction. 


forces. 
5578.  Right  to  abandon  island. 


SEC.  5570.  Whenever  any  citizen  of  the  United  States       Title  72. 
discovers  a  deposit  of  guano  on  any  island,  rock,  or  key,  not   claim  of  united 
within  the  lawful  jurisdiction  of  any  other  government,  and  8  A^isfistSj 
not  occupied  by  the  citizens  of  any  other  government,  and  ^.^ii,  P.  119.  ' 


312       LAWS   RELATING   TO   THE   NAVY,  MARINE    CORPS,  ETC. 

takes  peaceable  possession  thereof,  and  occupies  the  same, 
i  such  island,  rock,  or  key  may,  at  the  discretion  of  the  Presi- 

dent, be  considered  as  appertaining  to  the  United  States. 
Notice  of  dis-     SEC.  5571.  The  discoverer  shall,  as  soon  as  practicable, 
proofeio  beaf"rd  &  v6  n°tice,  verified  by  affidavit,  to  the  Department  of  State, 
nished.  of  such  discovery,  occupation,  and  possession,  describing1 

the  island,  rock,  or  key,  and  the  latitude  and  longitude 
thereof,  as  jiear  as  may  be,  and  showing  that  such  posses- 
sion was  taken  in  the  name  of  the  United  States;  and  shall 
furnish  satisfactory  evidence  to  the  State  Department  that 
such  island,  rock,  or  key  was  not,  at  the  time  of  the  discov- 
ery thereof,  or  of  the  taking  possession  and  occupation 
thereof  by  the  claimants,  in  the  possession  or  occupation  of 
any  other  government  or  of  the  citizens  of  any  other  gov- 
ernment, before  the  same  shall  be  considered  as  appertain- 
ing to  the  United  States. 

Completion  of     SEC.  5572.  If  the  discoverer  dies  before  perfecting  proof 
o"  disco?- °f  discovery  or  fully  complying  with  the  provisions  of  the 
erer.  preceding  section,  his  widow,  heir,  executor,  or  adntinis- 

i,v^7,'p'48872'8'trator,  shall  be  entitled  to  the  benefits  of  such  discovery, 
upon  complying  with  the  provisions  of  this  Title;  but 
nothing  herein  shall  be  held  to  impair  any  rights  of  discov- 
ery or  any  assignment  by  a  discoverer  heretofore  recognized 
by  the  United  States. 

Exclusive  priv-     SEC.  5573.  The  discoverer,  or  his  assigns,  being  citizens 
ere?8  c         >T"  of  the  United  States,  may  be  allowed,  at  the  pleasure  of 
41^-1J8'  1J5J*  Congress,  the  exclusive  right  of  occupying  such  islands, 
'rock,  or  keys,  for  the  purpose  of  obtaining  guano,  and  of 
selling  and  delivering  the  same  to  citizens  of  the  United 
States,  to  be  used  therein,  and  may  be  allowed  to  charge 
and  receive  for  every  ton  thereof  delivered  alongside  a  ves- 
sel, in  proper  tubs,  within  reach  of  ship's  tackle,  a  sum  not 
exceeding  eight  dollars  per  ton  for  the  best  quality,  or 
four  dollars  for  every  ton  taken  while  in  its  native  place  of 
deposit. 

Restrictions     SEC.  5574.  No  guano  shall  be  taken  from  any  such  island, 
Sonn  exp01  a  rock,  or  key,  except  for  the  use  of  the  citizens  of  the  United 
July 28, 1868^8.  States,  or  of  persons  resident  therein.     The  discoverer,  or 
Apr!  2,  i8?3, 8.  i,:  his  widow,  heir,  executor,  administrator,  or  assigns,  shall 
v.  17,  p.  48.        enter  into  bond,  in  such  penalty  and  with  such  sureties  as 
may  be  required  by  the  President,  to  deliver  the  guano  to 
citizens  of  the  United  States,  for  the  purpose  of  being  used 
therein,  and  to  none  others,  and  at  the  price  prescribed, 
and  to  provide  all  necessary  facilities  for  that  purpose 
within  a  time  to  be  fixed  in  the  bond  ;  and  any  breach  of 
the  provisions  thereof  shall  be  deemed  a  forfeiture  of  all 
rights  accruing  under  and  by  virtue  of  this  Title.    This 
section  shall,  however,  be  suspended  in  relation  to  all  per- 
sons who  have  complied  with  the  provisions  of  this  Title, 
for  five  years  from  and  after  the  fourteenth  day  of  July, 
eighteen  hundred  and  seventy-two. 

Regulation  of     SEC.  5575.  The  introduction  of  guano  from  such  islands, 

g1Aug.tlil8!ei856l  rocks,  or  keys,  shall  be  regulated  as  in  the  coasting-trade 

a.  3,  v/ii,  P.  120!  between  different  parts  of  the  United  States,  and  th<>  same 

laws  shall  govern  the  vessels  concerned  therein. 


GUANO    ISLANDS HABEAS    CORPUS,  ETC. 


313 


SEC.  5576.  All  acts  done,  and  offenses  or  crimes  com-  diot^JJJinaljuria" 
mitted,  on  any  such  island,  rock,  or  key,  by  persons  who    ibid.,  a.  6. 
may  land  thereon,  or  in  the  waters  adjacent  thereto,  shall 
be  deemed  committed  on  the  high  seas,  on  board  a  mer- 
chant-ship or  vessel  belonging  to  the  United  States  ;  and 
shall  be  punished  according  to  the  laws  of  the  United 
States  relating  to  such  ships  or  vessels  and  offenses  on 
the  high  seas,  which  laws  for  the  purpose  aforesaid  are 
extended  over  such  islands,  rocks,  and  keys. 

SEC.  5577.  The  President  is  authorized,  at  his  discretion,  fE1 
to  employ  the  land  and  naval  forces  of  the  United  States  forcs, 
to  protect  the  rights  of  the  discoverer  or  of  his  widow,    Ibid-.a.5. 
heir,  executor,  administrator,  or  assigns. 

SEC.  5578.  Nothing  in  this  Title  contained  shall  be  con-  do^ 
strued  as  obliging  the  United  States  to  retain  possession    ibid., s. 4.' 
of  the  islands,  rocks,  or  keys,  after  the  guano  shall  have 
been  removed  from  the  same. 


HABEAS  CORPUS. 


Sec. 

751.  Power  of  courts  to  issue  writs  of 

habeas  corpus. 

752.  Power  of  judges  to  grant  writs  of 

habeas  corpus. 

753.  Writs  of  habeas  corpus  when  pris- 

oner is  in  jail. 

754.  Application  for  the  writ  of  habeas 

corpus. 

755.  Allowance  and  direction  of  the  writ. 

756.  Time  of  return. 

757.  Form  of  return. 

758.  Body  of  the  party  to  be  produced. 

759.  Day  lor  hearing. 

760.  Denial    of    return,    counter-allega- 

tions, amendments. 


Sec. 

761.  Summary    hearing;    disposition    of 

party. 

762.  In  cases  involving  the  law  of  nations, 

notice  to  be  served  on  State  attor- 
ney-general. 

7615.  Appeals  in  cases  of  habeas  corpus 
to  circuit  court. 

Act  Mar.  3,  1885.  Appeal  to  Supreme 
Court. 

765.  Appeals,  how  taken. 

766.  Pending  proceedings  in  certain  cases, 

action  by  State  authority  void. 
Act  Mar.  3, 1893.  Habeas  corpus  cases,  etc. 


SEC.  751.  The  Supreme  Court  and  the  circuit  and  dis-  Title  i3,chap.  is. 
trict  courts  shall  have  power  to  issue  writs  of  habeas  Power  of  courts 


Sept.  24,1789, 
B.  14,  v.  1,  p.  81; 
Apr.  10,  1869,  s.  2, 
v.  16,  p.  44  ;  Mar. 
2,  1833,  s.  7,  v.  4, 
p.  634;  Feb.  5, 
1867,8.  1,  v.  14,  p. 
385;  Aug.  29, 
1842,  8.  1,  v.  5,  p. 
539. 


SEC.  752.  The  several  justices  and  judges  of  the  said  tntwo 
courts,  within  their  respective  jurisdictions,  shall   have  habeas  corpus. 
power  to  grant  writs  of  habeas  corpus  for  the  purpose  of 
an  inquiry  into  the  cause  of  restraint  of  liberty. 

SEC.  753.  The  writ  of  habeas  corpus  shall  in  no  case,Writof  ha|)ea8 

.-.  ,  •        .     •-•  T  -m  i        •      •  corpus    w  n  o  n 

extend  to  a  prisoner  in  jail,  unless  where  he  is  in  custody  prisoner  is   in 
under  or  by  color  of  the  authority  of  the  United  States,  or  jaidem. 
is  committed  for  trial  before  some  court  thereof;  or  is  in 
custody  for  an  act  done  or  omitted  in  pursuance  of  a  law 
of  the  United  States,  or  of  an  order,  process,  or  decree  of 
a  court  or  judge  thereof;  or  is  in  custody  in  violation  of  the 
Constitution  or  of  a  law  or  treaty  of  the  United  States;  or, 
being  a  subject  or  citizen  of  a  foreign  state,  and  domiciled 


314   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

therein,  is  in  custody  for  an  act  done  or  omitted  under  any 
alleged  right,  title,  authority,  privilege,  protection,  or  ex- 
emption claimed  under  the  commission,  or  order,  or  sanc- 
tion of  any  foreign  state,  or  under  color  thereof,  the  validity 
and  effect  whereof  depend  upon  the  law  of  nations;  or 
unless  it  is  necessary  to  bring  the  prisoner  into  court  to 
testify. 

Application  for     SEC.  754.  Application  for  a  writ  of  habeas  corpus  shall 
tMMoorpos.  'a  be  made  to  the  court  or  justice,  or  judge  authorized  to  issue 
i  veii  5>  3H?7' 8' tue  same»  kv  complaint  in  writing,  signed  by  the  person 
for  whose  relief  it  is  intended,  setting  forth  the  facts  con- 
cerning the  detention  of  the  party  restrained,  in  whose 
custody  he  is  detained,  and  by  virtue  of  what  claim  or 
authority,  if  known.    The  facts  set  forth  in  the  complaint 
shall  be  verified  by  the  oath  of  the  person  making  the 
application. 
Allowance  and     SEC.  755.  The  court,  or  justice,  or  judge  to  whom  such 

direction  of  the  ,.       ,.         .  ,        ,    ",,  „  •'  '          **      j  .,       /?  i      i 

writ.  application  is  made  shall  forthwith  award  a  writ  of  habeas 

idem.  corpus,  unless  it  appear,  from  the  petition  itself  that  the 

party  is  not  entitled  thereto.  The  writ  shall  be  directed  to 
the  person  in  whose  custody  the  party  is  detained. 

SEC.  756.  Any  per  son  to  whom  such  writ  is  directed  shall 
make  due  return  thereof  within  three  days  thereafter,  un- 
less the  party  be  detained  beyond  the  distance  of  twenty 
miles;  and  if  beyond  that  distance  and  not  beyond  a  dis- 
tance of  a  hundred  miles,  within  ten  days;  and  if  beyond 
the  distance  of  a  hundred  miles,  within  twenty  days. 

fdem°freturn'  SEC-  757-  Tne  Pers°11  to  whom  the  writ  is  directed  shall 
certify  to  the  court,  or  justice,  or  judge  before  whom  it  is 
returnable  the  true  cause  of  the  detention  of  such  party. 

a^T^'tfe  p?o6     ^EC>  ^^*  ^ne  l)ersou  making  the  return  shall  at  the  same 
duee'd.  time  bring  the  body  of  the  party  before  the  judge  who 

granted  the  writ. 

inDay  for  hear-     SEC.  759.  When  the  writ  is  returned,  a  day  shall  be  set 
idem.  for  the  hearing  of  the  cause,  not  exceeding  five  days  there- 

after, unless  the  party  petitioning  requests  a  longer  time. 

turn  "counter  at     ^EC*  ^^*  ^ne  Pet^i°ner  or  the  party  imprisoned  or  re- 

iSionslamen^i- strained  may  deny  any  of  the  facts  set  forth  in  the  return, 

n>idem  or  mav  a^eSe  any  other  facts  that  may  be  material  in  the 

case.     Such  denials  or  allegations  shall  be  under  oath.     The 

return  and  all  suggestions  made  against  it  maybe  amended, 

by  leave  of  the  court,  or  justice,  or  judge,  before  or  after 

the  same  are  filed,  so  that  thereby  the  material  facts  may 

be  ascertained. 

in^dTs^nloii     SEC"  761'  rriie  court?  or  justice,  or  judge  shall  proceed  in 
ofgparty.P°8    •   a  summary  way  to  determine  the  facts  of  the  case,  by  hear- 
idem.  jug  the  testimony  and  arguments,  and  thereupon  to  dispose 

of  the  party  as  law  and  justice  require. 

voivingathee8iaw  SEO<  762>  w.neu  a  writ  °f  habeas  corpus  is  issued  in  the 
of  nations  notice  case  of  any  prisoner  who,  being  a  subject  or  citizen  of  a 
^ore^n  sta^  an(l  domiciled  therein,  is  committed,  or  con- 
fined,  or  in  custody,  by  or  under  the  authority  or  law  of 
1842'  auy  one  °f  **ie  United  Htates,  or  process  founded  thereon, 
on  account  of  any  act  done  or  omitted  under  any  alleged 


APPEALS   IN   HABEAS   CORPUS   CASES,  ETC.  315 

right,  title,  authority,  privilege,  protection,  or  exemption 
claimed  under  the  commission  or  order  or  sanction  of  any 
foreign  state,  or  under  color  thereof,  the  validity  and  effect 
whereof  depend  upon  the  law  of  nations,  notice  of  the  said 
proceeding,  to  be  prescribed  by  the  court,  or  justice,  or 
judge  at  the  time  of  granting  said  writ,  shall  be  served  on 
the  attorney-general  or  other  officer  prosecuting  the  pleas 
of  said  State,  and  due  proof  of  such  service  shall  be  made 
to  the  court,  or  justice,  or  judge  before  the  hearing. 

SEC.  703.  From  the  final  decision  of  any  court,  justice,    Appeals  in 

,         .     „  ...  7  , .       ..      'cases  ot  habeas 

or  judge  inferior  to  the  circuit  court,  upon  an  application  corpus  to  circuit 
for  a  writ  of  habeas  corpus  or  upon  such  writ  when  issued,  cojj;  29  1842 
an  appeal  may  be  taken  to  the  circuit  court  for  the  district  v.  5,  £'539';  Feb. 
in  which  the  cause  is  heard :  p.W;**ii  27' 

1.  In  the  case  of  any  person  alleged  to  be  restrained  of  1868,  a.  2,  v,'  15! 
his  liberty  in  violation  of  the  Constitution,  or  of  any  lawp<* 

or  treaty  of  the  United  States. 

2.  In  the  case  of  any  prisoner  who,  being  a  subject  or 
citizen  of  a  foreign  state,  and  domiciled  therein,  is  com- 
mitted or  confined,  or  in  custody  by  or  under  the  authority 
or  law  of  the  United  States,  or  of  any  State,  or  process 
founded  thereon,  for  or  on  account  of  any  act  done  or 
omitted  under  any  alleged  right,  title,  authority,  privilege, 
protection,  or  exemption,  set  up  or  claimed  under  the  com- 
mission, order,  or  sanction  of  any  foreign  state  or  sover- 
eignty, the  validity  and  effect  whereof  depend  upon  the  law 
of  nations,  or  under  color  thereof. 

That  section  seven  hundred  and  sixty-four  of  the  Revised   Mar.  3, 1895. 
Statutes  be  amended  so  that  the  same  shall  read  as  follows :  "23  stat.  L.,  437. 

"From  the  final  decision  of  such  circuit  court  an  appeal  ^^oon^Sl 
may  be  taken  to  the  Supreme  Court  in  the  cases  described  habeas  corpus 
in  the  preceding  section."  ^substitute  for 

R.  S.,  sec.  764; 
R.  S.,  sec.  763; 
1891,  Mar.  3,  ch. 
517,  p.  901 ;  114  U. 
S.,564;  117  U.S., 
241;  119  U.S., 586; 
121  U.  S.,  89. 

SEC.  765.  The  appeals  allowed  by  the  two  preceding  sec-  ta£epnpeals'  how 
tioiis  shall  be  taken  on  such  terms,  and  under  such  regula-    Aug.  29,  1842, 
tions  and  orders,  as  well  for  the  custody  and  appearanceJ-^6P-539;  Feb. 
of  the  person  alleged  to  be  i  n  prison  or  confined  or  restrained  p.  385.' 
of  his  liberty,  as  for  sending  up  to  the  appellate  tribunal  a 
transcript  of  the  petition,  writ  of  habeas  corpus,  return 
thereto,  and  other  proceedings,  as  may  be  prescribed  by  the 
Supreme  Court,  or,  in  default  thereof,  by  the  court  or  judge 
hearing  the  cause. 

SEC.  766.  Pending  the  proceedings  or  appeal  in  the  cases 
mentioned  in  the  three  preceding  sections,  and  until  final 
judgment  therein,  and  after  final  judgment  of  discharge,  J^  ^Jj>  author- 
auy  proceeding  against  the  person  so  imprisoned  or  con-1  idem.' 
fined  or  restrained  of  his  liberty,  in  any  State  court,  or  by  i8§T  j 
or  under  the  authority  of  any  State,  for  any  matter  so  heard  tWsection. 
and  determined,  or  in  process  of  being  heard  and  deter- 
mined, under  such  writ  of  habeas  corpus,  shall  be  deemed 
null  and  void. 


316   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


Mar,  s,  1893.       That  section  seven  hundred  and  sixty-six  of  the  Revised 


27  stat.L.,75i.  Statutes  be  amended  by  adding  thereto,  at  the  end  of  said 

o  section,  the  following  words : 

iu  six     "Provided,  That  110  such  appeal  shall  be  had  or  allowed 
after  six  months  from  the  date  of  the  judgment  or  order 
see  note  i.       complained  of." 

HOMESTEADS. 


Sec. 

Act  Mar.  3,  1891.  Who  may  enter  certain 
unappropriated  public  lands. 

2293.  Persons  in  military  or  naval  serv- 
ice, when  and  before  whom  to 
make  affidavit. 

2296.  Homestead  lauds  not  to  be  subject 
to  prior  debts. 

2298.  Limitation  of  amount  entered  for 
homestead. 

2300.  What  minors  may  have  the  priv- 
ileges of  this  chapter. 

Act  Mar.  3, 1891.  Payment  before  expira- 
tion of  five  years,  rights  of  appli- 
cant. 


Sec. 

2304.  Soldiers'  and  sailors'  homestead. 

2305.  Deduction  of  military    and  naval 

service  from  time,  etc. 

2308.  Actual  service  in  the  Army  or  Navy 

equivalent  to  residence,  etc. 

2309.  Who  may  enter  by  agent. 

Act  May  6, 1886.  Homestead  settlers,  etc. 
Act  Mar.  2, 1889.   What  public  lands  sub- 
ject to  private  entry. 
Act  Dec.  29, 1894.  Settlers  may  enter,  etc. 


Mar.  s,  1891.  SEC.  2289.  Every  person  who  is  the  head  of  a  family,  or 
26stat>L  109?  wno  nas  arr^ve(l  a*  the  age  of  twenty-one  years,  and  is  a 
who  may  make  citizen  of  the  United  States,  or  who  has  filed  his  declaration 


enRris8,'sec. 


en"  of  intention  to  become  such,  as  required  by  the  naturaliza- 
Substitute  for  tion  laws,  shall  be  entitled  to  enter  one-quarter  section,  or  a 
law.'1  86C8'  2289>  less  quantity,  of  unappropriated  public  lands,  to  be  located 
.  J^Jfv^fi-  in  a  body  in  conformity  to  the  legal  subdivisions  of  the 

18-.  8.  -0,   T).   1  29  ;          11*       i  i 

May  20,  1862,  s.  1.  public  lands  J 
v.!2,p.  392;Feb, 
11,   1874,   ch.  25, 

Owner  of  over     But  no  person  who  is  the  proprietor  of  more  than  one 
^irecno8rig°htsc"  hundred  and  sixty  acres  of  land  in  any  State  or  Territory, 
1890,  Aug.  so,  shall  acquire  any  right  under  the  homestead  law. 

ch.  837,  par.  3,  p. 
791 

And  every  person  owning  and  residing  on  land  may, 
under  the  provisions  of  this  section,  enter  other  land  lying 
contiguous  to  his  land,  which  shall  not,  with  the  land  so 
already  owned  and  occupied,  exceed  in  the  aggregate  one 
hundred  and  sixty  acres. 
_  Persons  in  mil-  SEC.  2293.  In  case  of  any  person  desirous  of  availing 
8ervicre,nwheil  himself  of  the  benefits  of  this  chapter;  but  who,  by  reason 
and  before  whom  of  actual  service  in  the  military  or  naval  service  of  the 

tomakeanulavit.  •»--.-    .,      •.    r*i  •  -i  -i  T       n  -i  T 

Mar.  21,  1864,  s.  United  States,  is  unable  to  do  the  personal  preliminary 
4,  v.  13,  p.  35.  acts  at  the  district  land-office  *  *  *;  and  whose  family, 
or  some  member  thereof,  is  residing  on  the  land  which  lie 
desires  to  enter,  and  upon  which  a  bona-fide  improvement 
and  settlement  have  been  made,  such  person  may  make  the 
affidavit  required  by  law  before  the  officer  commanding  in 
the  branch  of  the  service  in  \vhich  the  party  is  engaged, 
which  affidavit  shall  be  as  binding  in  law,  and  with  like 
penalties,  as  if  taken  before  the  register  or  receiver  j  and 
upon  such  affidavit  being  filed  with  the  register  by  the  wife 
or  other  representative  of  the  party,  the  same  shall  become 
effective  from  the  date  of  such  filing,  provided  the  applica- 
tion and  affidavit  are  accompanied  by  the  fee  and  conimis 
sions  as  required  by  law. 


Note  l.—Aa  to  the  court  to  which  appeals  should  be  taken  in  habeas  corpus  cases, 
see  1891,  Mar.  3,  ch.  517,  sees.  5, 6  (1  Supp.  R.  S.,  903),  and  144  U.  S.,  47. 


HOMESTEAD    ENTRIES    ON    PUBLIC    LANDS,  ETC.  317 

SEC.  2296.  No  lauds  acquired  under  the  provisions  of  this.  Homestead 

,     .  1*11  "     A  i  •      /»         j- •  1*111(18     nOL     tO     D6 

chapter  shall  in  any  event  become  liable  to  the  satisfaction  subject  to  prior 
of  any  debt  contracted  prior  to  the  issuing  of  the  patent  deMf*y  20  1862  8 
therefor.  4- v- 12,  V^s."' 

SEC.  221)8.  No  person  shall  be  permitted  to  acquire  title    Limitation  of 

.  _  .  ,  •      •  £,  HlIIOUIl li      dll-CTuil 

to  more  than  one  quarter-section  under  the  pro  visions  of  tor  homestead. 
this  chapter.  ,, *l\if^' »' 

That  from  and  after  the  passage  of  this  act  no  public   Mar.  2,  isso. 
lands  of  the  United  States,  except  those  in  the  State  of   $*£££*& 

Missouri  shall  be  subject  to  private  entry.  except  in  Mis- 

souri subject 
hereafter  to  pri- 
vate  entry.  R. 
S.,  sees.  2353- 
3762.  June  22, 
1874,  ch.  422  and 
note,  p.  40;  Mar. 
3,  1891,  ch.  561,  s. 

SEC.  2.  That  any  person  who  has  not  heretofore  perfected  '  Homestead  en- 
title to  a  tract  of  laud  of  which  he  has  made  entry  under 
the  homestead  law,  may  make  a  homestead  entry  of  n 
exceeding  one-quarter  section  of  public  land  subject  to  eK.es.secy2298. 
such  entry,  such  previous  filing  or  entry  to  the  contrary  chM£5i  38'  5189p' 
notwithstanding ;  but  this  right  shall  not  apply  to  persons  942. 
who  perfect  title  to  lands  under  the  pre-emption  or  home- 
stead laws  already  initiated  j 

Provided,  That  all  pre-emption  settlers  upon  the  public 
lands  whose  claims  have  been  initiated  prior  to  the  passage  initialed* 
of  this  act  may  change  such  entries  to  homestead  entries  g^aandgentr  h°me 
and  proceed  to  perfect  their  titles  to  their  respective  claims    n.  s.,  sec.' 2301. 
under  the  homestead  law  notwithstanding  they  may  have^^i,  38'.  J89p! 
heretofore  had  the  benefit  of  such  law,  but  such  settlers  943. 
who  perfect  title  to  such  claims  under  the  homestead  law 
shall  not  thereafter  be  entitled  to  enter  other  lands  under 
the  pre-emption  or  homestead  laws  of  the  United  States. 

That  section  three  of  the  said  Act  of  March  second,  Dec.  29,  1894. 
eighteen  hundred  and  eighty-nine,  be  amended  by  adding  2g  stat.  L.,  599. 
thereto  the  following  provision: 

That  if  any  such  settler  has  heretofore  forfeited  his  or  Public  lands, 
her  entry  for  any  of  said  reasons,  such  person  shall  be  per-  te^if^oiSeren- 
mitted  to  make  entry  of,  not  to  exceed  a  quarter  section  on  try'  unavoidably 
any  public  land  subject  to  entry  under  the  homestead  law,  ^Ma'r.^  1889,  ch. 
and  to  perfect  title  to  the  same  under  the  same  conditions  3si;  s.  3  (i  supp. 
in  every  respect  as  if  he  had  not  made  the  former  entry.  ste  SSte  2. 

SEC.  5.  That  any  homestead  settler  who  has  heretofore  Homestead  set- 
entered  less  than  one-quarter  section  of  land  may  enter  OTter°up8toI!rae 
other  and  additional  land  lying  contiguous  to  the  original  quarter  section 
entry,  which  shall  not,  with  the  land  first  entered  and  proof! 
occupied,  exceed  in  the  aggregate  one  hundred  and  sixty  ^s., sees. 2304- 
acres  without  proof  of  residence  upon  and  cultivation  of  Mar.  3,  i89i,  s. 
the  additional  entry;  and  if  final  proof  of  settlement  and  5>  ch>  561>  p- 942> 

Note  1.— The  pre-emption  law  web  repealed  by  act  of  March  3,  1891.  (Chap.  561, 
sec.  4,  p.  942.) 

Note  2.— The  act  of  July  1,  1879,  settlers  were  protected  from  absence  of  one  year 
in  consequence  of  the  destruction  of  crops  by  grasshoppers.  Previous  acts  permit- 
ting settlers  to  be  absent  from  their  lands  in  specified  years,  on  account  of  injury  by 
the  grasshoppers,  are  as  follows :  June  18, 1874,  ch.  308,  December  28,  ch.  10,  18  Stat. 
L.,  81, 294 ;  May  20, 1876,  ch.  102,  June  19,  ch.  134;  March  3, 1877,  ch,  127,  19  Stat.  L.,  54, 
59, 405 ;  June  1, 1878,  ch.  148,  and  June  14,  ch.  190,  20  Stat.  L.,  88, 113. 


318   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

cultivation  has  been  made  for  the  original  entry,  when  the 
additional  entry  is  made,  then  the  patent  shall  issue  with- 
out further  proof: 

Provided,  That  this  section  shall  not  apply  to  or  for  the 
benefit  of  any  person  who  at  the  date  of  making  applica- 
tion for  entry  hereunder  does  not  own  and  occupy  the  lauds 
covered  by  his  original  entry: 

—not  .P^™^     And  provided,  That  if  the  original  entry  should  fail  for 

be  v"fdma       iy  any  reason,  prior  to  patent  or  should  appear  to  be  illegal 

or  fraudulent,  the  additional  entry  shall  not  be  permitted, 

or  if  having  been  initiated  shall  be  canceled. 

Persona   enti-     gEC  Q  That  every  person  entitled,  under  the  provisions 

tied    to    home-     ,,  ,.  IT  i 

steads  who  have  of  the  homestead  laws,  to  enter  a  homestead,  who  has  here- 
SrdfeS"may  ^»- *°^ore  comi}^e(^  with  or  who  shall  hereafter  comply  with 
ter  quarter  sec- the  conditions  of  said  laws,  and  who  shall  have  made  his 
^MarX'isoi.ch. niia^  Pl>oof  thereunder  for  a  quantity  of  land  less  than  one 
56i,  s.  5,  p.  942.     hundred  and  sixty  acres  and  received  the  receiver's  final 
receipt  therefor,  shall  be  entitled  under  said  laws  to  enter 
as  a  personal  right,  and  not  assignable,  by  legal  subdivi- 
sions of  the  public  lands  of  the  United  States  subject  to 
homestead  entry,  so  much  additional  land  as  added  to  the 
quantity  previously  so  entered  by  him  shall  not  exceed  one 
hundred  and  sixty  acres : 
Patent  not  to     Provided.  That  in  no  case  shall  patent  issue  for  the  land 

issue     without  ,,  -,*,.,•          i  ,  •  T    ^  i  - 

residence.  covered  by  such  additional  entry  until  the  person  making 
such  additional  entry  shall  have  actually  and  in  conformity 
with  the  homestead  laws  resided  upon  and  cultivated  the 
lands  so  additionally  entered  and  otherwise  fully  complied 
with  such  laws: 

soldiers'  cer-  Provided,  also,  That  this  section  shall  not  be  construed 
fected68  *f  as  affecting  any  rights  as  to  location  of  soldiers'  certificates 
2309S''8ec8'23°4'  nere^ofore  issued  under  section  two  thousand  three  hundred 

and  six  of  the  Eevised  Statutes, 
what  minors     gEC  2300.  JSTo  person  who  has  served,  or  may  hereafter 

may   have    the  _  .     \  „,  7,  -.1 

privileges  of  this  serve,  for  a  period  not  less  than  fourteen  days  in  the  Army 
chapter  or  ^avy  Of  the  United  States,  either  regular  or  volunteer, 

under  the  laws  thereof,  during  the  existence  of  an  actual 
war,  domestic  or  foreign,  shall  be  deprived  of  the  benefits 
of  this  chapter  on  account  of  not  having  attained  the  age 
of  twenty-one  years. 

Mar.  8, 1891.     .  SEC.  6.  That  section  twenty-three  hundred  and  one  of 
26Stat.L.,:o95.  the  Revised  Statutes  be  amended  so  as  to  read  as  follows: 
"  SEC.  2301.  Nothing  in  this  chapter  shall  be  so  construed 
as  *°  Preven^  anv.  Person  wno  shall  hereafter  avail  himself 
idence.  "  of  the  benefits  of  section  twenty- two  hundred  and  eighty 

BSsb*«123oifor  n*De  fr°m  paying  the  minimum  price  for  the  quantity  of 
ibid.,  a.  s.  laud  so  entered  at  any  time  after  the  expiration  of  fourteen 
calendar  months  from  the  date  of  such  entry,  and  obtain- 
ing a  patent  therefor,  upon  making  proof  of  settlement 
and  of  residence  and  cultivation  for  such  period  of  fourteen 
months." 

sa^/or?8  homed  8EC'  2304-  Every  private  soldier  and  officer  who  has 
stead.  ^  served  in  the  Army  of  the  United  States  during  the  recent 
rebellion,  for  ninety  days,  and  who  was  honorably  dis- 
charged, and  has  remained  loyal  to  the  Government,  in 


: 


HOMESTEAD  ENTRIES  ON  PUBLIC  LANDS,  ETC.      319 

eluding  the  troops  mustered  into  the  service  of  the  United 
States  by  virtue  of  the  third  section  of  an  act  approved 
February  thirteen,  eighteen  hundred  and  sixty-two,  and 
every  seaman,  marine,  and  officer  who  has  served  in  the 
Navy  of  the  United  States,  or  in  the  Marine  Corps,  during 
the  rebellion,  for  ninety  days,  and  who  was  honorably  dis- 
charged, and  has  remained  loyal  to  the  Government,  shall, 
on  compliance  with  the  provisions  of  this  chapter,  as  here- 
inafter modified,  be  entitled  to  enter  upon  and  receive 
patents  for  a  quantity  of  public  lands  not  exceeding  one 
hundred  and  sixty  acres,  or  one  quarter-section,  to  be  taken 
in  compact  form,  according  to  legal  subdivisions,  including 
the  alternate  reserved  sections  of  public  lands  along  the 
line  of  any  railroad  or  other  public  work,  not  otherwise  re- 
served or  appropriated,  and  other  lands  subject  to  entry 
under  the  homestead  laws  of  the  United  States;  but  such 
homestead  settler  shall  be  allowed  six  months  after  locat- 
ing his  homestead,  and  filing  his  declaratory  statement, 
within  which  to  make  his  entry  and  commence  his  settle- 
ment and  improvement. 

SEC.  2305.  The  time  which  the  homestead  settler  has  ^^^  n°f 
served  in  the  Army,  Navy,  or  Marine  Corps  shall  be  deducted  vai  service  from 
from  the  time  heretofore  required  to  perfect  title,  or  if  dis-  ^n^0* 
charged  on  account  of  wounds  received  or  disability  incurred 
in  the  line  of  duty,  then  the  term  of  enlistment  shall  be     . 
deducted  from  the  time  heretofore  required  to  perfect  title, 
without  reference  to  the  length  of  time  he  may  have  served; 
but  no  patent  shall  issue  to  any  homestead  settler  who  has 
not  resided  upon,  improved,  and  cultivated  his  homestead 
for  a  period  of  at  least  one  year  after  he  shall  have  com- 
menced his  improvements. 

SEC.  2308.  Where  a  party  at  the  date  of  his  entry  of  a  .  A'tualA  8ervice 

P  i        -i  i          ,11  i    -,  i  ,      in  the  Army  or 

tract  of  land  under  the  homestead  laws,  or  subsequently  Navy  equivalent 


thereto,  was  actually  enlisted  and  employed  in  the  Army 
or  Navy  of  the  United  States,  his  services  therein  shall,  in 
the  administration  of  such  homestead  laws,  be  construed 
to  be  equivalent,  to  all  intents  and  purposes,  to  a  residence 
for  the  same  length  of  time  upon  the  tract  so  entered.  And 
if  his  entry  has  been  canceled  by  reason  of  his  absence 
from  such  tract  while  in  the  military  or  naval  service  of  the 
United  States,  and  such  tract  has  not  been  disposed  of,  his 
entry  shall  be  restored  ;  but  if  such  tract  has  been  disposed 
of,  the  party  may  enter  another  tract  subject  to  entry  under 
the  homestead  laws,  and  his  right  to  a  patent  therefor  may 
be  determined  by  the  proofs  touching  his  residence  and 
cultivation  of  the  first  tract  and  his  absence  therefrom  in 
such  service. 

SEC.  2309.  Every  soldier,  sailor,  marine,  officer,  or  other   who  may  enter 
person  coming  within  the  provisions  of  section  twenty-  three  ^BST**.  5,  P. 
hundred  and  four,  may,  as  well  by  an  agent  as  in  person,  334- 
enter  upon  such  homestead  by  filing  a  declaratory  state- 
ment, as  in  pre-emption  cases;  but  such  claimant  in  person 
shall  within  the  time  prescribed  make  his  actual  entry, 
commence  settlements  and  improvements  on  the  same,  and 
thereafter  fulfill  all  the  requirements  of  law. 


320       LAWS   RELATING   TO   THE    NAVY;  MARINE   CORPS,  ETC. 

IMPORTATIONS,  ETC. 

Sec.  I  Sec. 

1624.  Importing  in  public  vessels.  |  2791.  Public  vessels  need  not  enter. 

Title is,chap. io.  SEC.  1624,  Art.  12.  No  person  connected  with  the  Navy 
importing  in  shall,  under  any  pretense,  import  in  a  public  vessel  any 
Juiy3o8m6,s.  article  which  is  liable  to  the  payment  of  duty. 

10,  v.  9,  p.  44.  See 
sec.  2760,  Reve- 
nue-Cutter Serv- 
ice. 

Title  34,  chap.  4.     gECt  o791>  jt  g^aH  not  be  necessary  for  the  master  of  any 
Public  vessels  vessel  of  war,  or  of  any  vessel  employed  by  any  prince,  or 
neMdar!°2t!  Tr^'s.  state,  as  a  public  packet  for  the  conveyance  of  letters  and 
31'     '661'      dispatches,  and  not  permitted  by  the  laws  of  such  prince  or 
state  to  be  employed  in  the  transportation  of  merchandise, 
in  the  way  of  trade,  to  make  report  and  entry. 

LIGHT-HOUSE  BOARD  AND  LIGHTS  AND  BUOYS. 


Sec. 

4653.  Organization  of    the    Light-House 

Board. 

4654.  President  of  the  Board. 

4655.  Chairman. 

Act  July  26,  1886.  Light-house  districts. 


Sec. 

4679.  Restriction  on  compensation  of  offi- 

cers, etc. 

4680.  Officers,  etc.,  not  to  be  interested  in 

contracts. 

Act  July  26,  1886.  Jurisdiction  over  cer- 
tain rivers. 


4671.  Light-house  inspectors. 
4*578.  Color  of  buoys  prescribed. 

Title  55.          SEC.  4653.  The  President  shall  appoint  two  officers  of  the 
Organization  Navy,  of  high  rank,  two  officers  of  the  Corps  of  Engineers 
Hou^eBoaiS.11*  °*  ^ne  Army,  and  two  civilians  of  high  scientific  attain 


ug.  si,  1852,8.  ments,  whose  services  may  be  at  the  disposal  of  the  Presi 
s,  v.  10,  p.  119.      dent,  together  with  an  officer  of  the  Navy  and  an  officer 
of  engineers  of  the  Army,  as  secretaries,  who  shall  con- 
stitute the  Light-House  Board. 

^r^dent  of     gEC.  4654.  The  Secretary  of  the  Treasury  shall  be  ex- 
ibida,rs.'9.        officio  president  of  the  Light-House  Board. 
Chairman.  SEC.  4655.  The  Light-House  Board  shall  elect,  by  ballot, 

one  of  their  number  as  chairman  of  the  board,  who  shall 
preside  at  their  meetings,  when  the  president  is  absent,  and 
shall  perform  such  acts  as  may  be  prescribed  by  the  rules 
of  the  board. 

July  26, 1886.       That  section  forty-six  hundred  and  seventy  of  the  Re  vised 
24Stat.L.,i48.  Statutes  is  hereby  amended  so  as  to  read  as  follows : 
trict?m\°Utesix      "The  Light-House  Board  shall  arrange  the  ocean,  gulf, 
teen.8m         *  lake,  and  river  coasts  of  the  United  States  into  light-house 
RSs\bsec!467ofor  districts,  not  exceeding  sixteen  in  number. 

Person's  over  "That  any  law  or  regulation  prohibiting  the  employment 
servTTn^iigi't0  in  the  light-houses  of  the  United  States  of  persons  of  more 
houses.  than  forty-five  years  of  age  be  and  the  same  is  hereby 

repealed." 

Light-house  SEC.  4671.  An  officer  of  the  Army  or  Navy  shall  be 
"bid.,88. 12.  assigned  to  each  district  as  a  light-house  inspector,  subject 
to  the  orders  of  the  Light-House  Board;  and  shall  receive 
for  such  service  the  same  pay  and  emoluments  that  he 
would  be  entitled  to  by  law  for  the  performance  of  duty  in 
the  regular  line  of  his  profession,  and  no  other,  except  the 
legal  allowance  per  mile,  when  traveling  under  orders  con- 
nected with  his  duties. 

Note  1.— The  free  list  showing  the  articles  which  are  admitted  free  of  duty  may  be 
found  in  the  act  of  July  24,  1897,  and  is  too  long  to  bo  inserted  in  ;this  compilation. 
(See  Stat.  L.,  vol.  30,  p.  151.) 


LIGHT-HOUSE   BOARD,  LIGHTS,  BUOYS,  ETC.  321 


SEC.  4678.  All  buoys  along*  the  coast,  or  in  bays,  harbors, 
sounds,  or  channels,  shall  be  colored  and  numbered,  so  thatsept  23.,  1350, 
passing  up  the  coast  or  sound,  or  entering  the  bay,  harbor,  8-  6,  v,  9,  p.  504. 
or  channel,  red  buoys  with  even  numbers  shall  be  passed  on 
the  starboard  hand,  black  buoys  with  uneven  numbers 
on  the  port  hand,  and  buoys  with  red  and  black  stripes  on 
either  hand.    Buoys  in  channel-  ways  shall  be  colored  with 
alternate  white  and  black  perpendicular  stripes. 

SEC.  4679.  No  additional  salary  shall  be  allowed  to  any  onRce08^"^tfP; 
civil,  military,  or  naval  officer  on  account  of  his  being  o?  officers"  e*c°n 
employed  on  the  Light-House  Board,  or  being  in  any  man-  s  $?**•$'  1f^* 
ner  attached  to  the  light-house  service. 

SEC.  4680.  No    member    of    the    Light-  House    Board,    officers,    etc., 

,  .    ,   ,   ,  ,,  .  7  nottobemterest- 

mspector,  light-keeper,  or  other  person  in  any  manner  con-  edin  contracts. 
nected  with  the  light-house  service,  shall  be  interested,    Ibid- 
either  directly  or  indirectly,  in  any  contract  for  labor, 
materials,  or  supplies  for  the  light-house  service,  or  in  any 
patent,  plan,  or  mode  of  construction  or  illumination,  or  in 
any  article  of  supply  for  the  light-house  service. 

That  the  jurisdiction  of  the  Light-House  Board,  created  June  28,  1874. 
by  the  act  entitled  ;tAn  act  making  appropriations  for  light-    jurisdiction  of 
houses,  light  boats,  buoys,  and  so  forth,  and  providing  for  £0^  extended8 
the  erection  and  establishment  of  the  same,  and  for  other    1352,  ch.  112,  s, 
purposes,"  approved  August  thirty-  first,  eighteen  hundred8(Vflo'p>118' 
and  fifty-two,  is  hereby  extended  over  the  Mississippi,  Ohio, 
and  Missouri  Rivers,  for  the  establishment  of  such  beacon- 
lights,  day-beacons,  and  buoys  as  may  be  necessary  for  the 
use  of  vessels  navigating  those  streams;  and  for  this  pur-    Additional 
pose  the  said  board  is  hereby  required  to  divide  the  desig-  ^cts'!101186  dis" 
nated  rivers  into  one  or  two  additional  light-house  districts,    June23,  1374,  r. 
to  be  in  all  respects  similar  to  the  already  existing  light-  18>  p*  204< 
house  districts;  and  is  hereby  authorized  to  lease  the  nec- 
essary ground  for  all  such  lights  and  beacons  as  are  used 
to  point  out  changeable  channels,  and  which  in  consequence 
cannot  be  made  permanent. 
376  -  21 


322       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 


MERCHANT  VESSELS  AND  SERVICE.     YACHTS. 


Sec. 

4511.  Shipping-articles. 

4512.  Rules  for  shipping-articles. 

Act  June   9,  1874.  Vessels  in  coastwise 

trade,  etc. 
Act  Feb.  18, 1895.  Shipment  of  merchant 

seamen. 

4513.  Exceptions  as  to  shipping-articles. 

4514.  Penalty  for  shipping  without  agree- 

ment. 

4515.  Penalty  forknowingly  shipping  sea- 

men without  articles. 

4516.  Lost  seamen  may  be  replaced. 

4517.  Shipping  seamen  in  foreign  ports. 

4518.  Penalty  tor  violating  preceding  sec- 

tion. 

4538.  Effects  of  deceased  seamen. 

4539.  Proceedings  in  regard  to  effects. 

4540.  Penalty  for  neglect  in  regard  to  sea- 

men's effects. 

4541.  Duties  of  consular  officers  in  regard 

to  deceased  seamen's  effects. 
4548.  Wages  payable  in  gold. 

4559.  Appointment  of  inspectors  by  con- 

sul in  foreign  ports. 

4560.  Report  of  inspectors. 

Act  June  26,  1894.  Discharge  of  seamen 
and  payment  of  extra  wages  on 
account  of  unseaworthiness  of 
vessel. 


Sec. 


4562.  Payment  of  charges  for  inspectic 

4563.  Refusal  to  pay  wages,  charges,  a 


ion. 

.  charges,  ami 
damages;  penalty. 

4565.  Examination  of  provisions. 

4566.  Forfeiture  for  false  complaint. 

4567.  Permission  to  outer  complaint. 
4577.  Return  of  seamen. 

Act  June  26,  1884.  Destitute  seamen  to 
be  transported  to  United  States 
by  masters  of  vessels  at  cost  of 
United  States.  Penalty  for  re- 
fusal. 

4579.  Additionalallowancofortransporta- 
tion  of  destitute  seamen. 

Act  June  26,  1884.  Discharge  of  seamen 
and  payment  of  wages. 

4581..  Penalty  for  neglect  to  collect  extra 
wages. 

Act  June  26, 1884.  Extra  wages  upon  dis- 
charge in  case  of  sale. 

Act  June  26,  1884.  Extra  wages  when 
voyage  is  prolonged  or  discharge 
is  for  injuries  received. 

4589.  Protest  upon  impressment. 

Act  June  26,  1884.  Reclamation  and  dis- 
charge of  deserters. 

5363.  Abandonment  of  mariners. 


cles. 


SEAMEN. 

Title  53,  chap.  2.  SEC.  4511.  The  master  of  every  vessel  bound  from  a  port 
shipping  arti-  in  the  United  States  to  any  foreign  port  other  than  vessels 
June  7 1872  s  eugage(l  ^n  trade  between  the  United  States  and  the  Brit 

12,  Vnei7i  p.  264|  ish  North  American  possessions,  or  the  West  India  Islands, 
J7an-  ij-j l873'  v-  or  the  Eepublic  of  Mexico,  or  of  any  vessel  of  the  burden 

19  A.  G.  op.,  p.  of  seventy-five  tons  or  upward,  bound  from  a  port  on  the 
Atlantic  to  a  port  on  the  Pacific,  or  vice  versa,  shall,  before 
he  proceeds  on  such  voyage,  make  an  agreement,  in  writing 
or  in  print,  with  every  seaman  whom  he  carries  to  sea  as 
one  of  the  crew,  in  the  manner  hereinafter  mentioned;  and 
every  such  agreement  shall  be,  as  near  as  may  be,  in  the 
form  given  in  the  table  marked  A,  in  the  schedule  annexed 
to  this  Title,  and  shall  be  dated  at  the  time  of  the  first 
signature  thereof,  and  shall  be  signed  by  the  master  before 
any  seaman  signs  the  same,  and  shall  contain  the  following 
particulars : 

First.  The  nature,  and,  as  far  as  practicable,  the  duration 
of  the  intended  voyage  or  engagement,  and  the  port  or 
country  at  which  the  voyage  is  to  terminate. 

Second.  The  number  and  description  of  the  crew,  speci- 
fying their  respective  employments. 

Third.  The  time  at  which  each  seaman  is  to  be  on  board, 
to  begin  work. 

Fourth.  The  capacity  in  which  each  seaman  is  to  serve. 

Fifth.  The  amount  of  wages  which  each  seaman  is  to 
receive. 
Rules  for  ship-     SEC.  4512.  The  following  rules  shall  be  observed  with 

ping  articles. 

June  7, 1872,  s.  respect  to  agreements : 

13,  v.  IT,  p.  265.        First.  Every  agreement,  except  such  as  are  otherwise 

specially  provided  for,  shall  be  signed  by  each  seaman  in 
the  presence  of  a  shipping  commissioner. 


MERCHANT   VESSELS   AND    SERVICE YACHTS,  ETC.          323 

Second.  When  the  crew  is  first  engaged  the  agreement 
shall  be  signed  in  duplicate,  and  one  part  shall  be  retained 
by  the  shipping-commissioner,  and  the  other  part  shall  con- 
tain a  special  place  or  form  for  the  description  and  signa- 
tures of  persons  engaged  subsequently  to  the  first  departure 
of  the  ship,  and  shall  be  delivered  to  the  master. 

Third.  Every  agreement  entered  into  before  a  shipping- 
commissioner  shall  be  acknowledged  and  certified  under 
the  hand  and  official  seal  of  such  commissioner.  The  cer- 
tificate of  acknowledgment  shall  be  indorsed  on  or  annexed 
to  the  agreement;  and  shall  be  in  the  following  form: 
"  State  of ,  County  of : 

"On  this  —  —  day  of—  — ,  personally  appeared  before 
me,  a  shipping-commissioner  in  and  for  the  said  county, 
A.  B.,  C.  JX,  and  E.  F.,  severally  known  to  me  to  be  the 
same  persons  who  executed  the  foregoing  instrument,  who 
each  for  himself  acknowledged  to  me  that  he  had  read  or 
had  heard  read  the  same;  that  he  was  by  me  made  ac- 
quainted with  the  conditions  thereof,  and  understood  the 
same;  and  that,  while  sober  and  not  in  a  state  of  intoxica- 
tion, he  signed  it  freely  and  voluntarily,  for  the  uses  and 
purposes  therein  mentioned." 

That  none  of  the  provisions  of  an  act  entitled  "An  act  to   June  9»  1874» 
authorize  the  appointment  of  shipping  commissioners  by    is  stat.  L.,  04. 
the  several  circuit  courts  of  the  United  States  to  super- 
intend  the  shipping  and  discharge  of  seamen  engaged  IP 
merchant  ships  belonging  to  the  United  States,  and  for  the  from 
further  protection  of  seamen  n  shall  apply  to  sail  or 
vessels  engaged  in  the  coastwise  trade,  except  the  coastwise 
trade  between  the  Atlantic  and  Pacific  coasts,  or  in  the 
lake-going  trade  touching  at  foreign  ports  or  otherwise,  or  453^-4545,  4549- 
in  the  trade  between  the  United  States  and  the  British 
]^orth  American  possessions,  or  in  any  case  where  the  sea-  JJJ°. 
men  are  by  custom  or  agreement  entitled  to  participate  in    2Loweii, SSL 
the  profits  or  result  of  a  cruise,  or  voyage.  See  note  1- 

That  chapter  eight  hundred  and  one  of  the  Public  Laws  Feb.  is,  1895. 
of  the  Fifty-first  Congress,  entitled  "  An  Act  to  amend  the  2s  stat.  L.,  667. 
Act  relative  to  shipping  commissioners,  approved  August 
nineteenth,  eighteen  hundred  and  ninety,  is  hereby  amended  me 
so  as  to  read  as  follows :  A????  isoo 

801  (i  Supp- K-S. 
780). 

u  When  a  crew  is  shipped  by  a  shipping  commissioner  fof  ^^^7 Yn 
for  any  American  vessel  in  the  coastwise  trade,  or  the  trade  coastwise  "trade" 
between  the  United  States  and  the  Dominion  of  Canada, etc- 

Note  1.— The  act  of  June  7,  1872,  ch.  322  (17  Stat.  L.,  262),  is  incorporated  into  the 
Revised  Statutes  in  the  sections  noted  in  the  margin. 

Tln-se  provisions  relate  mainly  to  the  shipment  and  discharge  of  crews  by  ship- 
ping commissioners.  .Such  shipment  and  discharge  are  made  by  this  act  inapplicable 
to  tlit)  crews  of  vessels  engaged  in  the  coastwise  trade,  but  June  19,  1886,  ch.  421,  s.2 
(1  Supp.  R.  S.,  493),  makes  the  shipment  and  discharge  of  such  crews  permissible, 
arid  Aug.  19,  1890,  ch.  801  (1  Supp.  R.  S.,  780),  makes  it  compulsory. 

For  these  reasons  the  act  in  the  text  appeared  to  the  editor  to  be  superseded  by 
those  of  1886  and  1890,  and  was  omitted  from  the  second  edition  of  the  first  volume 
of  this  work. 

There  seems  to  be  some  question,  however,  whether  the  act  in  the  text  is  not  still 
BO  far  in  force  as  to  prevent  the  operation  of  R.  S.,  sec.  4536,  upon  crews  of  vessels  in 
the  coastwise  trade.  The  editor  followed  the  opinion  of  Judge  Benedict  in  McCarty 
v.  Steam  Propeller  City  of  New  Bedford  (4  Fed.  Rep.,  821),  that  the  provisions  of 
R.  S.,  sec.  4536,  are  unaffected  by  the  act  of  1874,  and  therefore  omitted  the  act. 

It  seems,  however,  that  there  is  a  difference  of  opinion  on  that  point,  and  the  act 
is  therefore  here  restored. 


324   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


chJ42ie  8°!  I8ndor  ^ew  Foundland,  or  tbe  West  Indies,  or   Mexico,  as 

note,  s!  28(iSupp.  authorized  by  section  two  of  an  Act  approved  June  niiie- 

R.s.,493).          teenth,  eighteen  hundred  and  eighty-  six,  entitled  "An  Act 

to  abolish  certain  fees  for  official  services  to  American  ves- 

sels, and  to  amend  the  laws  relating  to  shipping  commis- 

sioners, seamen,  and  owners  of  vessels,  and  for  other  pur- 

poses," an   agreement  shall  be  made  with  each  seaman 

engaged  as  one  of  such  crew  in  the  same  manner  as  is  pro- 

RS)8ec8  4511  vided  by  Sections  four  thousand  five  hundred  and  eleven 

4512.  ''  '  and  four  thousand  five  hundred  and  twelve  of  the  Eevised 

Statutes, 

omissions.          not  however  including  the  sixth,  seventh  and  eighth 

6,?,'f')451llpar8  'items  of  Section  four  thousand  five  hundred  and  eleven; 

'posting  agree-     and  such  agreement  shall  be  posted  as  provided  in  Sec- 

B.fk,  sec.  4519.  tion  four  thousand  five  hundred  and  nineteen. 

wages,  etc.         and  such  seamen  shall  be  discharged  and  receive  their 

45^bS'4535,''4536;  wages  as  provided  by  the  first  clause  of.  Section  four  thou- 

4542!  4547!  4549,'  sand  five  hundred  and  twenty-nine  and  also  by  Sections 

four  thousand  five  hundred  and  twenty-six,  four  thousand 

five  hundred  and  twenty-seven,  four  thousand  five  hundred 

and  twenty  eight,  four  thousand  five  hundred  and  thirty, 

four  thousand  five  hundred  and  thirty-five,  four  thousand 

five  hundred  and  thirty-  six,  four  thousand  five  hundred 

and  forty-two,  four  thousand  five  hundred  and  forty-three, 

four  thousand  five  hundred  and  forty-four,  four  thousand 

five  hundred  and  forty-five,  four  thousand  five  hundred  and 

forty-six,  four  thousand  five  hundred  and  forty-seven,  four 

thousand  five  hundred  and  forty-nine,  four  thousand  five 

hundred  and  fifty,  four  thousand  five  hundred  and  fifty- 

one,  four  thousand  five  hundred  and  fifty-  two,  four  thou- 

sand five  hundred  and  fifty-three  and  four  thousand  five 

hundred  and  fifty-four  of  the  Eevised  Statutes  ; 

shipment,  how     but  in  all  other  respects  such  shipment  of  seamen  and 

such  shipping  ageement  shall  be  regarded  as  if  both  ship- 

ment and  agreement  had  been  entered  into  between  the 

master  of  a  vessel  and  a  seaman  without  going  before  a 

shipping  commissioner: 

clothing   ex-     Provided,  That  the  clothing  of  any  seaman  shall  be  ex- 

tac£mentm    t"empt  from   attachment,  and  that  any  person  who   shall 

detain  such  clothing  when  demanded  by  the  owner  shall  be 

liable  to  a  penalty  of  not  exceeding  one  hundred  dollars." 

^Exception's     SEC.  4513.  The  section  forty-  five  hundred  and  eleven  shall 

del  lp  J  not  apply  to  masters  of  vessels  where  the  seamen  are  by 

Feb  627  8i877ai^  custom  or  agreement  entitled  to  participate  in  the  profits 

19,  p.  252.  or  result  of  a  cruise  or  voyage,  nor  to  masters  of  coastwise 

nor  to  masters  of  lake-going  vessels  that  touch  at  foreign 

ports;  but  seamen  may,  by  agreement,  serve  on  board  such 

vessels  a  definite  time,  or,  on  the  return  of  any  vessel  to  a 

port  in  the  United  States,  may  reship  and  sail  in  the  same 

vessel  on  another  voyage,  without  the  payment  of  additional 

fees  to  the  shipping-commissioner,  by  either  the  seaman  or 

the  master. 

Penalty  for     SEC.  4514.  If  any  person  shall  be  carried  to  sea,  as  one  of 
the  crew  on  board  of  any  vessel  making  a  voyage  as  here- 


. 
,  1872,  s.  inbefore  specified,  without  entering  into  an  agreement  AVI  th 


MERCHANT    VESSELS   AND    SERVICE YACHTS,  ETC.  325 

the  master  of  such  vessel,  in  the  form  and  manner,  and  at 
the  place  and  times  in  such  cases  required,  the  vessel  shall 
be  held  liable  for  each  such  offense  to  a  penalty  of  not  more 
than  two  hundred  dollars.  But  the  vessel  shall  not  be  held 
liable  for  any  person  carried  to  sea,  who  shall  have  secretly 
stowed  away  himself  without  the  knowledge  of  the  master, 
mate,  or  of  any  of  the  officers  of  the  vessel,  or  who  shall 
have  falsely  personated  himself  to  the  master,  mate,  or 
officers  of  the  vessel,  for  the  purpose  of  being  carried  to  sea. 

SEC.  4515.  If  any  master,  mate,  or  other  officer  of  a  ves-  kn^ua\yyshipr 
sel  knowingly  receives,  or  accepts,  to  be  entered  on  board  ping  seamen 
of  any  merchant- vessel,  any  seaman  who  has  been  engaged  wi^ut  SUE??; 
or  supplied  contrary  to  the  provisions  of  this  Title,  the  ves-  steamship'  city 
sel  on  board  of  which  such  seaman  shall  be  found  shall,  for  Biat&MsJ.0'  1] 
every  such  seaman,  be  liable  to  a  penalty  of  not  more  than 
two  hundred  dollars. 

SEC.  4516.  In  case  of  desertion,  or  of  casualty  ^^^B^^0 
in  the  loss  of  one  or  more  seamen,  the  master  may  ship  amjune 
number  equal  to  the  number  of  whose  services  h  e  has  been34' V>17'P- 265> 
deprived  by  desertion  or  casualty,  and  report  the  same  to 
the  United  States  consul  at  the  first  port  at  which  he  shall 
arrive,  without  incurring  the  penalty  prescribed  by  the  two 
preceding  sections. 

SEC.  4517.  Every  master  of  a  merchant- vessel  who  en-    shipping  sea- 

i  .L/'JI       TT     -j     -i    nj_    i          •     men   in    foreign 

gages  any  seaman  at  a  place  out  ot  the  United  States,  in  ports. 
which  there  is  a  consular  officer  or  commercial  agent,  shall,  Ibid-' 8- 15> 
before  carrying  such  seaman  to  sea,  procure  the  sanction  of 
such  officer,  and  shall  engage  seamen  in  his  presence;  and 
the  rules  governing  the  engagement  of  seamen  before  a 
shipping  commissioner  in  the  United  States,  shall  apply  to 
such  engagements  made  before  a  consular  officer  or  com- 
mercial agent;  and.upon  every  such  engagement  the  con- 
sular officer  or  commercial  agent  shall  indorse  upon  the 
agreement  his  sanction  thereof,  and  an  attestation  to  the 
effect  that  the  same  has  bee'n  signed  in  his  presence,  and 
otherwise  duly  made. 

SEC.  4518.  Every  master  who  engages  any  seaman  in    Penalty  foryio- 
any  place  in  which  there  is  a  consular  officer  or  commercial  lection?1* 
agent,  otherwise  than  as  required  by  the  preceding  section,    Ibid- 
shall  incur  a  penalty  of  not  more  than  one  hundred  dollars, 
for  which  penalty  the  vessel  shall  be  held  liable. 

SEC.  4538.  Whenever  any  seaman  or  apprentice  belong-  Title  53, chap.  3. 
ing  to  or  sent  home  on  any  merchant- vessel,  whether  a    Effects  of  de- 
foreign-going  or  domestic  vessel,  employed  on  a  voyage  ceju^?eTai872'8 
which  is  to  terminate  in  the  United  States,  dies  during  43,  v.  n.'p.  27!.' 
such  voyage,  the  master  shall  take  charge  of  all  moneys, 
clothes,  and  effects  which  he  leaves  on  board,  and  shall,  if 
he  thinks  fit,  cause  all  or  any  of  such  clothes  and  effects  to 
be  sold  by  auction  at  the  mast  or  other  public  auction,  and 
shall  thereupon  sign  an  entry  in  the  official  log  book,  and 
cause  it  to  be  attested  by  the  mate  and  one  of  the  crew, 
containing  the  following  particulars: 

First.  A  statement  of  the  amount  of  money  so  left  by 
the  deceased. 


326   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Second.  In  case  of  a  sale,  a  description  of  each  article 
sold,  and  the  sum  received  for  each. 

Third.  A  statement  of  the  sum  due  to  deceased  as  wages, 
and  the  total  amount  of  deductions,  if  any,  to  be  made 
therefrom. 

Proceedings  in     SEC.  4539.  In  cases  embraced  by  the  preceding  section, 
^deceased  8ea8the  following  rules  shall  be  observed: 
mibid  s  44  First.  If  the  vessel  proceeds  at  once  to  any  port  in  the 

United  States,  the  master  shall,  within  forty-eight  hours 
after  his  arrival,  deliver  any  such  effects  remaining  unsold, 
and  pay  «any  money  which  he  has  taken  charge  of,  or 
received  from  such  sale,  and  the  balance  of  wages  due  to 
the  deceased,  to  the  shipping- commissioner  at  the  port  of 
destination  in  the  United  States. 

Second.  If  the  vessel  touches  and  remains  at  some  for- 
eign port  before  coming  to  any  port  in  the  United  States, 
the  master  shall  report  the  case  to  the  United  States  con- 
sular officer  there,  and  shall  give  to  such  officer  any  infor- 
mation he  requires  as  to  the  destination  of  tbe  vessel  and 
probable  length  of  the  voyage;  and  such  officer  may,  if  he 
considers  it  expedient  so  to  do,  require  the  effects,  money, 
and  wages  to  be  delivered  and  paid  to  him,  and  shall,  upon 
such  delivery  and  payment,  give  to  the  master  a  receipt; 
and  the  master  shall  within  forty-eight  hours  after  his  ar 
rival  at  his  port  of  destination  in  the  United  States  produce 
the  same  to  the  shipping-commissioner  there.  Such  con- 
sular officer  shall,  in  any  such  case,  indorse  and  certify 
upon  the  agreement  with  the  crew  the  particulars  with 
respect  to  such  delivery  and  payment. 

Third.  If  the  consular  officer  does  not  require  such  pay- 
ment and  delivery  to  be  made  to  him,  the  master  shall  take 
charge  of  the  effects,  money,  and  wages,  and  shall,  within 
forty-eight  hours  after  his  arrival  at  his  port  of  destination 
in  the  United  States,  deliver  and  pay  the  same  to  the 
shipping  commissioner  there. 

Fourth.  The  master  shall,  in  all  cases  in  which  any  sea- 
man or  apprentice  dies  during  the  voyage  or  engagement, 
give  to  such  officer  or  shipping-commissioner  an  account, 
in  such  form  as  they  may  respectively  require,  of  the  effects, 
money,  and  wages  so  to  be  delivered  and  paid;  and  no 
deductions  claimed  in  such  account  shall  be  allowed  unless 
verified  by  an  entry  in  the  official  log-book,  if  there  be  any; 
and  by  such  other  vouchers,  if  any,  as  may  be  reasonably 
required  by  the  officer  or  shipping-commissioner  to  whom 
the  account  is  rendered. 

Fifth.  Upon  due  compliance  with  such  of  the  provisions 
of  this  section  as  relate  to  acts  to  be  done  at  the  port  of 
destination  in  the  United  States,  the  shipping-commissioner 
shall  grant  to  the  master  a  certificate  to  that  effect.  No 
officer  of  customs  shall  clear  any  foreign-going  vessel  with- 
out the  production  of  such  certificate. 

a?d     ^EC*  ^^.  Whenever  any  master  fails  to  take  such  charge 
aef- of  the  money  or  other  effects  of  a  seaman  or  apprentice 
feiw'd  s  45       during  a  voyage,  or  to  make  such  entries  in  respect  thereof, 
or  to  procure  such  attestation  to  such  entries,  or  to  make 


MERCHANT   VESSELS   AND    SERVICE — YACHTS,  ETC.  327 

such  payment  or  delivery  of  any  money,  wages,  or  effects 
of  any  seaman  or  apprentice  dying  during  a  voyage,  or  to 
give  such  account  in  respect  thereof  as  is  above  directed, 
he  shall  be  accountable  for  the  money,  wages,  and  effects 
of  the  seaman  or  apprentice  to  the  circuit  court  in  whose 
jurisdiction  such  port  of  destination  is  situate,  and  shall 
pay  and  deliver  the  same  accordingly;  and  he  shall,  in  ad- 
dition, for  every  such  offense,  be  liable  to  a  penalty  of  not 
more  than  treble  the  value  of  the  money  or  effects,  or,  if 
such  value  is  not  ascertained,  not  more  than  two  hundred 
dollars;  and  if  any  such  money,  wages,  or  effects  are  not 
duly  paid,  delivered,  and  accounted  for  by  the  master,  the 
owner  of  the  vessel  shall  pay,  deliver,  and  account  for  the 
same,  and  such  money  and  wages  and  tbe  value  of  such 
effects  shall  be  recoverable  from  him  accordingly;  and  if 
he  fails  to  account  for  and  pay  the  same,  he  shall,  in  addi- 
tion to  his  liability  for  the  money  and  value,  be  liable  to 
the  same  penalty  which  is  incurred  by  the  master  for  a  like 
offense;  and  all  money,  wages,  and  effects  of  any  seaman 
or  apprentice  dying  during  a  voyage  shall  be  recoverable 
in  the  courts  and  by  the  modes  of  proceeding  by  which 
seamen  are  enabled  to  recover  wages  due  to  them. 

SEC.  4541.  Whenever  any  such  seaman  or  apprentice  dies  gutor^Sncers00^ 
at  any  place  out  of  the  United  States,  leaving  any  money  regard  to  deceo* 
or  effects  not  on  board  of  his  vessel,  the  consular  officer  of  fectseaman  8  ef 
the  United  States  at  or  nearest  the  place  shall  claim  and    ibid.,  s.  46. 
take  charge  of  such  money  and  effects,  and  shall,  if  he    ' 
thinks  fit,  sell  all  or  any  of  such  effects,  or  any  effects 
of  any  deceased  seaman  or  apprentice  delivered  to  him 
under  the  provisions  of  this  Title,  and  shall  quarterly  remit 
to  the  district  judge  for  the  district  embracing  the  port 
from  which  such  vessel  sailed,  or  the  port  where  the  voyage 
terminates,  all  moneys  belonging  to  or  arising  from  the 
sale  of  the  effects  or  paid  as  the  wages  of  any  deceased 
seamen  or  apprentices  which  have  come  to  his  hands;  and 
shall  render  such  accounts  thereof  as  the  district  judge 
requires. 

SEC.  4548.  Moneys  paid  under  the  laws  of  the  United  .Q wages  payable 
States,  by  direction  of  consular  officers  or  agents,  at  any    Mar. '3,  ISTS.V. 
foreign  port  or  place,  as  wages,  extra  or  otherwise,  due 1?i  p- 602- 
American  seamen,  shall  be  paid  in  gold  or  its  equivalent, 
without  any  deduction  whatever,  any  contract  to  the  con- 
trary notwithstanding. 

SEC.  4559.  Upon  a  complaint  in  writing,  signed  by  the  Title  53, chap. 5. 
first,  or  the  second  and  third  officers  and  a  majority  of  the  Appointment  of 
crew,  of  any  vessel  while  in  a  foreign  port,  that  such  vessel  consul  in* foreign 
is  in  an  unsuitable  condition  to  go  to  sea,  because  she  is  port, 
leaky,  or  insufficiently  supplied  with  sails,  rigging,  anchors,  5,  pSefjufy '29; 
or  any  other  equipment,  or  that  the  crew  is  insufficient  toig°> 8-  6«  v-9»  P- 
man  her,  or  that  her  provisions,  stores,  and  supplies  are  not, 
or  have  not  been,  during  the  voyage,  sufficient  and  whole- 
some, thereupon,  in  any  of  these  or  like  cases,  the  consul 
or  a  commercial  agent  who  may  discharge  any  duties  of  a 

Note  2. — Unclaimed  wages  and  effects,  after  six  years,  go  to  the  fund  for  tbe  relief 
of  disabled  and  destitute  seamen.    (Sec.  4545.) 


328   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

consul,  shall  appoint  two  disinterested,  competent,,  practi- 
cal men,  acquainted  with  maritime  affairs,  to  examine  into 
the  causes  of  complaint,  who  shall,  in  their  report,  state 
what  defects  and  deficiencies,  if  any,  they  find  to  be  well 
founded,  as  well  as  what,  in  their  judgment,  ought  to  be 
done  to  put  the  vessel  in  order  for  the  continuance  of  her 
voyage. 

Report  of  in  SEC.  4560.  The  inspectors  appointed  by  any  consul  or 
BpjSi\r26, 1840,  v.  commercial  agent,  in  pursuance  of  the  preceding  section, 
5,  p.  396.  shall  have  full  power  to  examine  the  vessel  and  whatever 

is  aboard  of  her,  so  far  as  is  pertinent  to  their  inquiry,  and 
also  to  hear  and  receive  any  other  proofs  which  the  ends  of 
justice  may  require;  and  if,  upon  a  view  of  the  whole  pro- 
ceedings, the  consul  or  other  commercial  agent  is  satisfied 
therewith,  he  may  approve  the  whole  or  any  part  of  the 
report,  and  shall  certify  such  approval;  or  if  he  dissents, 
he  shall  certify  his  reasons  for  dissenting. 

Jane  26, 1884.  SEC.  4.  That  section  forty-five  hundred  and  sixty-one  of 
Discharge  of  the  Eevised  Statutes  be  amended  so  as  to  read  as  follows  : 
onfde  Jtarya  "  Sec.  4561.  The  inspectors  in  their  report  shall  also  state 
w^etnei^n  ^ne*r  opinion,  the  vessel  was  sent  to  sea  uiisuit- 
ably  provided  in  any  important  or  essential  particular,  by 
ne£*ec*;  or  design,  or  through  mistake  or  accident;  and  in 
case  it  was  by  neglect  or  design,  and  the  consular  officer 
approves  of  such  finding,  he  shall  discharge  such  of  the 
crew  as  request  it,  and  shall  require  the  payment  by  the 
master  of  one  month's  wages  for  each  seaman  over  and 
above  the  wages  then  due. 

But  if,  in  the  opinion  of  the  inspectors,  the  defects  or 
deficiencies  found  to  exist  have  been  the  result  of  mistake 
or  accident,  and  could  not,  in  the  exercise  of  ordinary  care, 
have  been  known  and  provided  against  before  the  sailing 
of  the  vessel,  and  the  master  shall,  in  a  reasonable  time, 
remove  or  remedy  the  causes  of  complaint,  then  the  crew 
shall  remain  and  discharge  their  duty." 

SEO>  4562g  Tne  master  SDa11   Pay  a11  sucn  reasonable 
charges  for  inspection  under  such  complaint  as  shall  be 
ibid.  officially  certified  to  him  under  the  hand  of  the  consul  or 

commercial  agent;  but  in  case  the  inspectors  report  that 
the  complaint  is  without  any  good  or  sufficient  cause,  the 
master  may  retain  from  the  wages  of  the  complainants,  in 
proportion  to  the  pay  of  each,  the  amount  of  such  charges, 
with  such  reasonable  damages  for  detention  on  that  account 
as  the  consul  or  commercial  agent  directing  the  inouiry 
may  officially  certify. 

Refusal    to     SEC.  4563.  Every  master  who  refuses  to  pay  such  wages 

Shyargeff  i  an(1  charges  shall  be  liable  to  each  person  injured  thereby 

a*?wkpenl39y'    m  Damages,  to  be  recovered  in  any  court  of  the  United 

States  in  the  district  where  such  delinquent  may  reside  or 

be  found,  and  in  addition  thereto  be  punishable  by  a  fine 

of  one  hundred  dollars  for  each  offense. 

Examination  of     SEC.  4565.  Anythree  ormore  of  thecrewof  any  merchant- 
prjui?eTi872. 8.  vessel  of  the  United  States  bound  from  a  port  in  the  United 
36,  v.  17, 'p.  269.   States  to  any  foreign  port,  or  being  of  the  burden  of  seventy- 
five  tons  or  upward,  and  bound  from  a  port  on  the  Atlantic 


MERCHANT   VESSELS    AND    SERVICE YACHTS,  ETC.  329 

to  a  port  oil  the  Pacific,  or  vice  versa,  may  complain  to  any 
officer  in  command  of  any  of  the  vessels  of  the  United  States 
Navy,  or  consular  officer  of  the  United  States,  or  shipping- 
commissioner  or  chief  officer  of  the  customs,  that  the  pro- 
visions or  water  for  the  use  of  the  crew  are,  at  any  time,  of 
bad  quality,  unfit  for  use,  or  deficient  in  quantity.  Such  offi- 
cer shall  thereupon  examine  the  pro  visions  or  water,  or  cause 
them  to  be  examined;  and  if,  on  examination,  such  provi- 
sions or  water  are  found  to  be  of  bad  quality  and  unfit  for 
use,  or  to  be  deficient  in  quantity,  the  person  making  such 
examination  shall  certify  the  same  in  writing  to  the  master 
of  the  ship.  If  such  master  does  not  thereupon  provide 
other  proper  provisions  or  water,  where  the  same  can  be  had, 
in  lieu  of  any  so  certified  to  be  of  a  bad  quality  and  unfit 
for  use,  or  does  not  procure  the  requisite  quantity  of  any  so 
certified  to  be  insufficient  in  quantity,  or  uses  any  provisions 
or  water  which  have  been  so  certified  as  aforesaid  to  be  of 
bad  quality  and  unfit  for  use,  he  shall,  in  every  such  case, 
be  liable  to  a  penalty  of  not  more  than  one  hundred  dollars; 
and  upon  every  such  examination  the  officers  making  or  di- 
recting the  same  shall  enter  a  statement  of  the  result  of  the 
examination  in  the  log-book,  and  shall  send  a  report  thereof 
to  the  district  judge  for  the  judicial  district  embracing  the 
port  to  which  such  vessel  is  bound ;  and  such  report  shall 
be  received  in  evidence  in  any  legal  proceedings. 

SEC.  4566.  If  the  officer  to  whom  any  such  complaint,  in.,  forfeiture  for 

,   ,       , ,  .    .  ,,  ,         %  -.  j_'n         •     false  complaint 

regard  to  the  provisions  or  the  water,,  is  made,  certifies  in    ibid.,  B.ST. 
such  statement  that  there  was  no  reasonable  ground  for 
such  complaint,  each  of  the  parties  so  complaining  shall  be 
liable  to  forfeit  to  the  master  or  owner,  out  of  his  wages,  a 
sum  not  exceeding  one  week's  wages. 

SEC.  4567.  If  any  seaman,  while  on  board  any  vessel, 
shall  state  to  the  master  that  they  desire  to  make  complaint, 
in  accordance  with  the  two  preceding  sections,  in  regard  to 
the  provisions  or  the  water,  to  a  competent  officer,  against 
the  master,  the  master  shall,  if  the  vessel  is  then  at  a  place 
where  there  is  any  such  officer,  so  soon  as  the  service  of 
the  vessel  will  permit,  and  if  the  vessel  is  not  then  at  such 
a  place,  so  soon  after  her  first  arrival  at  such  place  as  the 
service  of  the  vessel  will  permit,  allow  such  seamen,  or  any 
of  them,  to  go  ashore,  or  shall  send  them  ashore,  in  proper 
custody,  so  that  they  may  be  enabled  to  make  such  com- 
plaint; and  shall,  in  default,  be  liable  to  a  penalty  of  not 
more  than  one  hundred  dollars. 

SEC.  4577.  It  shall  be  the  duty  of  the  consuls,  vice-con-  m^eturn  of  8ea 
suls,  commercial  agents,  and  vice-commercial  agents,  from  mrei>.  28,  isoa, ». 
time  to  time,  to  provide  for  the  seamen  of  the  United  4'v<2'p'204' 
States,  who  may  be  found  destitute  within  their  districts, 
respectively,  sufficient  subsistence  and  passages  to  some 
port  of  the  United  States,  in  the  most  reasonable  manner, 
at  the  expense  of  the  United  States,  subject  to  such  instruc- 
tions as  the  Secretary  of  State  shall  give.    The  seamen 
shall,  if  able,  be  bound  to  do  duty  on  board  the  vessels  in 
which  they  may  be  transported,  according  to  their  several 
abilities. 


330   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

June  26,  1884.       SEC.  9.  That  section  forty-five  hundred  and  seventy-eight 
Disposal  of  ex-  of  the  Bevised  Statutes  be  amended  so  as  to  read  as  follows  : 


sea-  "  SEC.  4578.  All  masters  of  vessels  of  the  United  States, 
ported  toVnTtld  ancl  bound  to  some  port  of  the  same,  are  required  to  take 
states  by  mas-  such  destitute  seamen  on  board  their  vessels,  at  the  request 
cost°fofe8uuite«i  of  consular  officers,  and  to  transport  them  to  the  port  in  the 


S^ubstitute  for  ^D^ed  States  to  which  such  vessel  may  be  bound,  on  such 
R.  s!,  sec.  "STB.  °T  terms,  not  exceeding  ten  dollars  for  each  person  for  voy- 
ch1842i  J™i8  lp  a£es  °f  not  more  than  thirty  days,  and  not  exceeding 
497.  '  twenty  dollars  for  each  person  for  longer  voyages,  as  may 

be  agreed  between  the  master  and  the  consular  officer;  and 
said  consular  officer  shall  issue  certificates  for  such  trans- 
portation, which  certificates  shall  be  assignable  for  collection. 
^  an^  suc^  destitute  seaman  is  so  disabled  or  ill  as  to  be 
unable  to  perform  duty,  the  consular  officer  shall  so  certify 
able  to  do  duty.  ju  ^he  certificate  of  transportation,  and  such  additional 
compensation  shall  be  paid  as  the  First  Comptroller  of  the 
Treasury  shall  deem  proper. 

Refusal  by     Every  such  master  who  refuses  to  receive  and  transport 

Kituteselmen!  such  seamen  on  the  request  or  order  of  such  consular  officer 

shall  be  liable  to  the  United  States  in   a  penalty  of  one 

hundred  dollars  for  each  seaman  so  refused.     The  certifi- 

cate of  any  such  consular  officer,  given  tinder  his  hand  and 

official  seal,  shall  be  presumptive  evidence  of  such  refusal 

in  any  court  of  law  having  jurisdiction  for  the  recovery  of 

the  penalty. 

Limit  of  obii-     ]sj"o  master  of  anv  vessel  shall,  however,  be  obliged  to 

gation.  .    ,  v          ,  .  ,    e 

1886,  June  19,  take  a  greater  number  than  one  man  to  every  one  hundred 
ch^  421,  s.  is,  p.  fons  burden  of  the  vessel  on  any  one  voyage.'' 

"SEC-  10-  Tnat  Jt  sna11  ke,  and  is  hereby,  made  unlawful 
in  any  case  to  pay  any  seamen  wages  before  leaving  the 
.  Por^  a*  which  such  seaman  may  be  engaged  in  advance  of 
734;  27  Fed.  Rep'.;  the  time  when  he  has  actually  earned  the  same,  or  to  pay 
iHo'  24  ''  such  advance  wages  to  any  other  person,  or  to  pay  any 

person,  other  than  an  officer  authorized  by  act  of  Congress 
to  collect  fees  for  such  service,  any  remuneration  for  the 
shipment  of  seamen. 

is  Opins.,  253.  ^nv  person  paying  such  advance  wages  or  such  remuner- 
ation shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be  punished  by  a  fine  not  less  than  four 
times  the  amount  of  the  wages  so  advanced  or  remunera- 
tion so  paid,  and  may  be  also  imprisoned  for  a  period  not 
exceeding  six  months,  at  the  discretion  of  the  court. 

The  payment  of  such  advanced  wages  or  remuneration 
shall  in  no  case,  except  as  herein  provided,  absolve  the  ves- 
sel, or  the  master  or  owner  thereof,  from  full  payment  of 
wages  after  the  same  shall  have  been  actually  earned,  and 
shall  be  no  defense  to  a  libel,  suit,  or  action  for  the  recovery 
of  such  wages  : 
Exemption  of  Provided.  That  this  section  shall  not  apply  to  whaling- 

whaling  vessels. 


And  provided  further,     *     *     *     [  Words  omitted,  super- 
seded, 1886,  June  19,  eh.  421,  s.  3,  p.  493.] 

Penalty  for     And  any  person  who  shall  falsely  claim  such  relationship 
iationc«hip.  °f  re~  to  any  seaman  in  order  to  obtain  wages  so  allotted  shall, 


MERCHANT   VESSELS    AND    SERVICE  -  YACHTS,  ETC.  331 

for  every  such  offense,  be  punishable  by  a  fine  of  not  exceed- 
ing five  hundred  dollars,  or  imprisonment  not  exceeding 
six  months,  at  the  discretion  of  the  court. 

This  section  shall  apply  as  well  to  foreign  vessels  as  to    section  applies 
vessels  of  the  United  States;    *     *     *     [Words  omitted,^ 
xHjH-rseded,  1886,  June  19,  cli.  421,  s.  3,  p.  493.] 

SEC.  4579.  Whenever  distressed  seamen  of  the  TJii-itcd  j  Additional  «i- 
States  are  transported  from  foreign  ports  where  there  is  tran^jrotationof 
no  consular  officer  of  the  United  States,  to  ports  of  the^itute  8ea- 
United  States,  there  shall  be  allowed  to  the  master  or    Feb.  28,  mi,  v. 
owner  of  each  vessel,  in  which  they  are  transported,  such2'p<651- 
reason  able  compensation,  in  addition  to  the  allowance  now 
fixed  by  law,  as  shall  be  deemed  equitable  by  the  First 
Comptroller  of  the  Treasury. 

SEC.  2.  That  section  forty-five  hundred  and  eighty  of  the  June  26,  iss*. 
Revised  Statutes  be  amended  so  as  to  read  as  follows:  Discharge   of 

"SEC.  4580.  Upon  the  application  of  the  master  of 
vessel  to  a  consular  officer  to  discharge  a  seaman,  or  upon  the  R. 
application  of  any  seaman  for  his  own  discharge,  if  it  appears 
to  such  officer  that  said  seaman  has  completed  his  shipping 
agreement,  or  is  entitled  to  his  discharge  under  any  act  of 
Congress  or  according  to  the  general  principles  or  usages 
of  maritime  law  as  recognized  in  the  United  States,  such 
officer  shall  discharge  said  seaman,  and  require  from  the 
master  of  said  vessel,  before  such  discharge  shall  be  made, 
payment  of  the  wages  which  may  then  be  due  said  seaman  ; 

But  no  payment  of  extra  wages  shall  be  required  by  any 
consular  officer  upon  such  discharge  of  any  seaman  except 
as  provided  in  this  act." 

SEC.  7.  That  section  forty-five  hundred  and  eighty-one  of  June  26>  1884- 
the  Revised  Statutes  be  amended  so  as  to  read  as  follows:    penalty  on  con- 

"  SEC.  4581.  If  any  consular  officer,  when  discharging  any  To 


seaman,  shall  neglect  to  require  the  payment  of  and  collect  ^f^titute  for 
the.  arrears  of  wages  and  extra  wages  required  to  be  paid  R.s.,sec-.458i. 
in  the  case  of  the  discharge  of  any  seaman,  he  shall  be 
accountable  to  the  United  States  to  the  full  amount  thereof. 
*     *     *     [  Words  omitted  superseded,  1888,  April  4,  cli.  61, 
*.  3,  p.  584.] 

"  SEC.  5.  That  section  forty-five  hundred  and  eighty-two  June  26,  1884. 
of  the  Eevised  Statutes  be  amended  so  as  to  read  as  follows  :    Extra  wages 


"  SEC.  4582.  Whenever  a  vessel  of  the  United  States  is  Sfcase  of  sai. 
sold  in  a  foreign  country,  and  her  company  discharged,  it  R^ 
shall  be  the  duty  of  the  master  to  produce  to  the  consular 
officer  the  certified  list  of  his  ship's  company,  and  also  the 
shipping  articles,  and  to  pay  to  said  consular  officer  for 
every  seaman  so  discharged  one  month's  wages  over  and 
above  the  wages  which  may  then  be  due  to  such  seaman; 

But  in  case  the  master  of  the  vessel  so  sold  shall,  with 
the  assent  of  said  seaman,  provide  him  with  adequate 
employment  on  board  some  other  vessel  bound  to  the  port 
at  which  he  was  originally  shipped,  or  to  such  other 
port  as  may  be  agreed  upon  by  him,  then  no  payment  of 
extra  wages  shall  be  required." 


332   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

June  26, 1884.  gEC<  3.  That  section  forty-five  hundred  and  eighty-three 
Extra  wages  of  the  Revised  Statutes  be  amended  so  as  to  read  as  follows : 
"SEC.  4583.  Whenever  on  the  discharge  of  a  seaman  in 
a  fr>reigu  country,  on  his  complaint  that  the  voyage  is  con- 
juries  received,  tinned  contrary  to  agreement,  the  consular  officer  shall  be 
K.Ss!!tecJ45«3.for  satisfied  that  such  voyage  has  been  designedly  and  unneces: 
sarily  prolonged  in  violation  of  the  articles  of  shipment,  or 
whenever  a  seaman  is  discharged  by  a  consular  officer  in 
consequence  of  any  hurt  or  injury  received  in  the  service 
of  the  vessel,  such  consular  officer  shall  require  the  pay- 
ment by  the  master  of  one  month's  wages  for  such  seaman 
over  and  above  the  wages  due  at  the  time  of  discharge." 
Protest  upon  SEC.  4589.  The  master  of  every  vessel  of  the  United 
"SSy*!™*  796,  s.  States,  any  of  the  crew  whereof  shall  have  been  impressed 
4,  v.i,  p.  477.  or  detained  by  any  foreign  power,  shall,  at  the  first  port  at 
which  such  vessel  arrives,  if  such  impressment  or  detention 
happened  on  the  high  seas,  or  if  the  same  happened  within 
any  foreign  port,  then  in  the  port  in  which  the  same  hap- 
pened, immediately  make  a  protest,  stating  the  manner  of 
such  impressment  or  detention,  by  whom  made,  together 
with  the  name  and  place  of  residence  of  the  person  im- 
pressed or  detained;  distinguishing  also  whether  he  was 
an  American  citizen;  and,  if  not,  to  what  nation  he 
belonged.  Such  master  shall  also  transmit,  by  post  or 
otherwise,  every  such  protest  made  in  a  foreign  country,  to 
the  nearest  consul  or  agent,  or  to  the  minister  of  the  United 
States  resident  in  such  country,  if  any  such  there  be;  pre- 
serving a  duplicate  of  such  protest*  to  be  by  him  sent 
immediately  alter  his  arrival  within  the  United  States  to 
the  Secretary  of  State,  together  with  information  to  whom 
the  original  protest  was  transmitted.  In  case  such  protest 
shall  be  made  within  the  United  States,  or  in  any  foreign 
country,  in  which  no  consul,  agent,  or  minister  of  the 
United  States  resides,  the  same  shall,  as  soon  thereafter  as 
practicable,  be  transmitted  by  such  master,  by  post  or  oth.er- 
wise,  to  the  Secretary  of  State. 

June  26, 1884.       SEC.  6.  That  section  forty- six  hundred  of  the  Revised 
Reclamation  Statutes  be  amended  so  as  to  read  as  follows: 

"  SEC.  4600.  It  shall  be  the  duty  of  consular  officers  to 
su for  rec^a*m  deserters  and  discountenance  insubordination  by 
R.  s,  sec.  46oo.  °r  every  means  within  their  power,   and   where  the  local 
authorities  can  be  usefully  employed  for  that  purpose,  to 
lend  their  aid  and  use  their  exertions  to  that  end  in  the 
most  effectual  manner. 

In  all  cases  where  deserters  are  apprehended  the  con- 
sular officer  shall  inquire  into  the  facts;  and  if  he  is  satis- 
fied that  the  desertion  was  caused  by  unusual  or  cruel 
treatment,  he  shall  discharge  the  seaman,  and  require  the 
master  of  the  vessel  from  which  such  seaman  is  discharged 
to  pay  one  month's  wages  over  and  above  the  wages  then 
due;  and  the  officer  discharging  such  seaman  shall  enter 
upon  the  crew-list  and  shipping  articles  the  cause  of  dis- 
charge, and  the  particulars  in  which  the  cruelty  or  unusual 
treatment  consisted,  and  the  facts  as  to  his  discharge  or 
re-engagement,  as  the  case  may  be,  and  subscribe  his  name 
thereto  officially." 


MERCHANT    VESSELS,  SERVICE,  ETC. 


333 


SEC.  5363.  Every  master  or  commander  of  any  vessel  Title  70,  chap,  s. 
belonging,  in  whole  or  part,  to  any  citizen  of  the  United    Forcible  aban- 
States,  who,  during  his  being  abroad,  maliciously  and  with-  JSTSAlft 
out  justifiable  cause  forces  any  officer  or  mariner  of  such  foreign  port^ 
vessel  on  shore,  in  order  to  leave  him  behind  in  any  foreign  10?^  j>!  in.5'  8' 
port  or  place,  or  refuses  to  bring  home  again  all'  such  offi-    see  note  i. 
cers  and  mariners  of  such  vessel  whom  he  carried  out  with 
him  as  are  in  a  condition  to  return  and  willing  to  return, 
when  he  is  ready  to  proceed  on  his  homeward  voyage,  shall 
be  punished  by  a  fine  of  not  more  than  five  hundred  dol- 
lars, or  by  imprisonment  not  more  than  six  months. 


VESSELS. 


Sec. 

4131.  What  are  vessels    of  the    United 

States.    By  whom  may  be  com- 
manded. 

4132.  What  vessels  are  entitled  to  regis- 

ter. 

4133.  Vessels  owned  by  nonresident  citi- 

zens. 

4134.  Vessels  owned  by  nonresident  nat- 

uralized citizens. 

4135.  American  vessel  taking  foreign  flag. 

4136.  Wrecked  vessels. 

4146.  Act  Jan.  16, 1885.  Certificate  of  reg- 
istry to  be  given  upon  loss  of  ves- 
sel. 

4172.  Failure  to  report  sale  to  foreigner. 

4177.  Numbers  for  vessels. 

4178.  Act  Feb.  21,  1891.  Names  of  vessels 

to  bo  painted  on  bow  and  stern. 

4179.  Change  of  name  of  registered  ves- 

sels. 

4189.  Penalty  for  fraudulent  registry. 

4190.  Sea  letters,  to  what  vessels  issued. 

4191.  Making  or  using  forged  sea  letters. 
4204.  Conveyance  of  bullion,  etc. 


Sec. 

4207.  Bates  of  consular  fees. 

4238.  Vessels  stranded  on  foreign  coast. 

4306.  Passports  of  United  States  vessels 

on  departure  to  foreign  country. 

4307.  Penalty  for  departing  without  pass- 

port. 

4308.  Passports  of  unregistered  vessels. 

4309.  Deposit  of  ship's  papers  with  con- 

sul. 

4310.  Penalty  for  failure  to  deposit  pa- 

pers with  consul. 

4573.  List  of  crew  to  be  delivered  to  col- 

lector. 

4574.  Act  Mar.  3, 1813.  List  of  crew  to  be 

examined,  etc. 

4575.  Rules  as  to  crew  list. 

5358.  Plundering  wrecked  vessels,  etc. 

5364.  Conspiracy  to  cast  away  vessel. 

5365.  Act  Aug.  6,  1894.  Owner  destroying 

vessel  at  sea. 

5366.  Other  person  destroying  vessel  at 

sea. 

5367.  Attempt  to  destroy  vessel  at  sea. 
5423.  Penalty  for  making  false  passports. 


SEC:  4131.  Vessels  registered  pursuant  to  law,  and  no  Title  48,  chap.  i. 
others,  except  such  as  shall  be  duly  qualified,  according  to    what  are  ves- 
law,  for  carrying  on  the  coasting  trade  and  fisheries,  or  one  seisof  the  united 
of  them,  shall  be  deemed  vessels  of  the  United  States,  and    By  whom  may 
entitled  to  the  benefits  and  privileges  appertaining  to  such  ^j^™™^^^ 
vessels  ;  but  they  shall  not  enjoy  the  same  longer  than  they  i,  T.  i/p.  287.   ' 
shall  continue  to  be  wholly  owned  by  citizens  and  to  be  com-    See  note  2- 
manded  by  a  citizen  of  the  United  States. 

That  the  last  clause  of  section  forty-one  hundred  and  June  20,  iss*. 
thirty-one  of  the  Eevised  Statutes  be  amended  so  as  to  read  23  stat.  L.,  53. 
as  follows  : 


"All  the  officers  of  vessels  of  the  United  States  shall  be  Begffi$ 
citizens  of  the  United  States,  except  that  in  cases  where,  states  to  beiti- 
on  a  foreign  voyage,  or  on  a  voyage  from  an  Atlantic  to  a  zen8>  «ceP*«  ctc- 

Note  1.—  The  consular  and  diplomatic  act  passed  July  1,  1882,  appropriates  $60,000 
for  the  relief  of  American  seamen  in  foreign  countries." 

Note  2  —  An  act  approved  Apr.  17,  1874,  chap.  107,  v.  18,  p.  30,  provides  that  any     See  act  of  Apr. 
alien,  who  in  the  manner  provided  for  by  law,  has  declared  his  intention  of  becoming  17,  1874,  and  act 
a  citizen  of  the  United  States,  and  who  'may  have  been  a  permanent  resident  of  the  ol    Apr.  5,  1882, 
United  States  for  at  least  six  months  immediately  previous  to  the  granting  of  such  title,  "Pilots  and 
license,  may  be  licensed,  as  if  already  naturalized,  as  an  engineer  or  pilot  upon  any  pilotage." 
steam  vessel  subject  to  inspection  under  the  provisions  of  the  act  of  Feb.  28,  1871, 
v.  16,  p.  440. 

An  act  approved  Apr.  18,  1874,  chap.  110,  v.  18,  p.  31,  exempts  canal  boats  or  boats 
employed  on  the  internal  waters  or  canals  of  any  State,  excepting  such  as  are  pro- 
vided with  sails  or  propelling  machinery  of  their  own  adapted  to  lake  or  coastwise 
navigation  and  such  as  are  employed  in  trade  with  the  Canadas,  from  the  provisions 
of  the  act  of  Feb.  18,  1793,  and  from  the  payment  of  all  customs  and  other  fees  under 
any  act  of  Congress. 


334   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


Sw"  A°r41i7'  Pacinc  Por^  °f  the  Umted  States,  any  such  vessel  is  for  any 
ch.  107,  p.  s.r'  '  reason  deprived  of  the  services  of  an  officer  below  the  grade 
of  master,  his  place,  or  a  vacancy  caused  by  the  promotion 
of  another  officer  to  such  place,  may  be  supplied  by  a  per- 
son not  a  citizen  of  the  United  States  until  the  first  return 
of  such  vessel  to  its  home  port;  and  such  vessel  shall  not 
be  liable  to  any  penalty  or  penal  tax  for  such  employment 
of  an  alien  officer." 

are^Vitied^     SEC*  4132'  V688618  ^uilt  within  the  United  States,  and 

register.1         °  belonging  wholly  to  citizens  thereof,  and  vessels  which  may 

288dem>  8'  2>  P'  ^e  captured  in  war  by  citizens  of  the  United  States,  and 

lawfully  condemned  as  prize,  or  which  may  be  adjudged  to 

be  forfeited  for  a  breach  of  the  laws  of  the  United  States, 

being  wholly  owned  by  citizens,  and  no  others,  may  be  reg- 

istered as  directed  in  this  Title. 

b  Venonresident     SEO:  4133<  ^°  vessel  sua11  be  entitled  to  be  registered,  or, 

citizens"68     "  if.  registered,  to  the  benefits  of  registry,  if  owned  in  whole 

ibid.  or  jn  par£  by  anv  citizen  of  the  United  States  who  usually 

resides  in  a  foreign  country,  during  the  continuance  of  such 

residence,  unless  such  citizen  be  a  consul  of  the  United 

States,  or  an  agent  for  and  a  partner  in  some  house  of  trade 

or  copartnership,  consisting  of  citizens  of  the  United  States 

actually  carrying  on  trade  within  the  United  States. 

May  10,  1892.       That  the  Secretary  of  the  Treasury  is  hereby  authorized 

2?stat.  L.,27.  and  directed  to  grant  registers,  as  vessels  of  the  United 

R^i^fers  States,  to  such  foreign-built  steamships  now  engaged  in 

granted  to  cer-  freight  and  passenger  business,  and  sailing  in  an  established 

built.  f  °        n"  line  fr°m  a  port  in  the  United  States,  as  are  of  a  tonnage  of 

4]R^.,  sees.  4132,  not  Jess  than  eight  thousand  tons,  and  capable  of  a  speed 

Tonnage  andof  not  less  than  twenty  knots  per  hour,  according  to  the 

speed.  existing  method  of  Government  test  for  speed,  of  which  not 

less  than  ninety  per  centum  of  the  shares  of  the  capital 

of  the  foreign  corporation  or  association  owning  the  same 

ownership,     was  owned  January  first,  eighteen  hundred  and  ninety,  and 

has  continued  to  be  owned  until  the  passage  of  this  act  by 

citizens  of  the  United  States,  including  as  such  citizens  cor 

porations  created  under  the  laws  of  any  of  the  States 

thereof,  upon  the  American  owners  of  such  majority  inter- 

American  own-  est  obtaining  a  full  and  complete  transfer  and  title  to 

ti5e.to  obtainsuch  steamships  from  the  foreign  corporations  owning  the 

same: 

owners  to     Provided,  That  such  American  owners  shall,  subsequent 

tonnage  of  snips  to  the  date  of  this  law,  have  built,  or  have  contracted  to 

in  Am  eric  an  build,  in  American  shipyards,  steamships  of  an  aggregate 

tonnage  of  not  less  in  amount  than  that  of  the  steamships 

so  admitted  to  registry. 

Minimum  ton-  Each  steamship  so  built  or  contracted  for  to  be  of  a  ton- 
nage of  not  less  than  seven  thousand  tons. 

KeTo'rT'of  ®EC'  2*  ^^  tne  Secretary  of  the  Treasury,  on  being 
transfer01  °  satisfied  that  such  steamships  so  acquired  by  American 

R-s-'8ec-4155-  citizen  s,  or  by  such  corporation  or  corporations  as  above 
set  forth,  are  such  as  come  within  the  provisions  of  this  act, 
and  that  the  American  owners  of  such  steamships,  for  which 
an  American  registry  is  to  be  granted  under  the  provisions 
hereof,  have  built  or  contracted  to  build  in  American  ship- 


MERCHANT   VESSELS,  SERVICE,  ETC.  335 

yards  steamships  of  an  aggregate  tonnage  as  set  forth  in 
the  first  section  hereof,  shall  direct  the  bills  of  sale  or  trans- 
fer of  the  foreign-built  steamships  so  acquired  to  be  recorded 
in  the  office  of  the  collector  of  customs  of  the  proper  col- 
lection district,  and  cause  such  steamships  to  be  registered 
as  vessels  of  the  United  States  by  said  collector. 

After  which,  each  of  such  vessels  shall  be  entitled  to  all  .  vessels  to  en- 
the  rights  and  privileges  of  a  vessel  of  the  United  States,  B^Jt^SS 
except  that  it  shall  not  be  employed  in  the  coastwise  trade  tr*Jleg  8ec  4m 
of  the  United  States. 

SEC.  3.  That  no  further  or  other  inspection  shall  be  re- 
quired  for  the  said  steamship  or  steamships  than  is  now 
required  for  foreign  steamships  carrying  passengers  under 
the  existing  laws  of  the  United  States,  and  that  a  special 
certificate  of  inspection  may  be  issued  for  each  steamship 
registered  under  this  act; 

and  that  before  issuing  the  registry  to  any  such  steam-    Measurement, 
ship  as  a  vessel  of  the  United  States  the  collector  of  cus-et< 
toms  of  the  proper  collection  district  shall  cause  such  steam- 
ship to  be  measured  and  described  in  accordance  with  the 
laws  of  the  United  States,  which  measurement  and  descrip- 
tion shall  be  recited  in  the  certificate  of  registry  to  be 
issued  under  this  act. 

SEC.  4.  That  any  steamships  so  registered  under  the  pro- 
visions  of  this  act  may  be  taken  and  used  by  the  United 
States  as  cruisers  or  transports  upon  payment  to  the  owners 
of  the  fair  actual  value  of  the  same  at  the  time  of  the  taking,  f  isoi,  Mar.  s.ch. 
and  if  there  shall  be  a  disagreement  as  to  the  fair  actual  R9^?^  Supp' 
value  at  the  time  of  taking  between  the  United  States  and 
the  owners,  then  the  same  shall  be  determined  by  two  im- 
partial appraisers,  one  to  be  appointed  by  each  of  said  par- 
ties, who,  in  case  of  disagreement,  shall  select  a  third,  the 
award  of  any  two  of  the  three  so  chosen  to  be  final  and 
conclusive. 

SEC.  4134.  No  vessel  shall  be  entitled  to  be  registered  as    vessels  owned 
a  vessel  of  the  United  States,  or,  if  registered,  to  the  bene-  nltninsed  cm- 
fits  of  registry,  if  owned  in  whole  or  in  part  by  any  person  zej^r  27  1804  g 
naturalized  in  the  United  States,  and  residing  for  more  1,^??.  296.  ' 
than  one  year  in  the  country  from  which  he  originated,  or 
for  more  than  two  years  in  any  foreign  country,  unless  such 
person  be  a  consul  or  other  public  agent  of  the  United 
States.    Nothing  contained  in  this  section  shall  be  con- 
strued to  prevent  the  registering  anew  of  any  vessel  before 
registered,  in  case  of  a  sale  thereof  in  good  faith  to  any 
citizen  resident  in  the  United  States  j  but  satisfactory  proof 
of  the  citizenship  of  the  person  on  whose  account  a  vessel 
may  be  purchased  shall  be  exhibited  to  the  collector,  before 
a  new  register  shall  be  granted  for  such  vessel. 

SEC.  4135.  No  vessel  which  has  been  recorded  or  reg- 


istered  as  an  American  vessel  of  the  United  States,  pursu-    en   ag 
ant  to  law,  and  which  was  licensed  or  otherwise  authorized  c  ' 

to  sail  under  a  foreign  flag,  and  to  have  the  protection  of  any 
foreign  government  during  the  existence  of  the  rebellion, 
shall  be  deemed  or  registered  as  a  vessel  of  the  United 
States,  or  shall  have  the  rights  and  privileges  of  vessels  of 


336       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

the  United  States,  except  under  provisions  of  law  especially 
authorizing  such  registry. 

wrecked  ves-     gEC<  4136.  The  Secretary  of  the  Treasury  may  issue  a 

86Dec.  23,  1852,  register  or  enrollment  for  any  vessel  built  in  a  foreign  coun- 

jV'  2^1866  ^h'  fry?  whenever  such  vessel  shall  be  wrecked  in  the  United 

2iVv.  14,  p.  212.  'States,  and  shall  be  purchased  and  repaired  by  a  citizen 

of  the  United  States,  if  it  shall  be  proved  to  the  satisfac- 

tion of  the  Secretary  that  the  repairs  put  upon  such  vessel 

are  equal  to  three-fourths  of  the  cost  of  the  vessel  when  so 

repaired. 

j»n.  is,  1885.       SEC.  2.  That  section  forty-one  hundred  and  forty-six  of 
28  stat.  L.,  624.  the  Revised  Statutes  is  hereby  amended  so  as  to  read  : 

Substitute  for 

Certificate  'of  «  SEC.  4146.  A  certificate  of  registry  shall  be  solely  used 
g!?entrupon  loss  for  the  vessel  for  which  it  is  granted,  and  shall  not  be  sold, 
or  destruction  of  ient7  or  otherwise  disposed  of,  to  any  person  whomsoever; 
and  in  case  the  vessel  so  registered  shall  be  lost,  or  taken 
by  an  enemy,  burned,  or  broken  up,  or  shall  be  otherwise 
prevented  from  returning  to  the  port  to  which  she  may 
belong,  the  certificate,  if  preserved,  shall  be  delivered  up 
within  eight  days  after  the  arrival  of  the  master  or  person 
having  the  charge  or  command  of  such  vessel  within  any 
district  of  the  United  States,  to  the  collector  of  such 
district  ; 

an(j  jf  any  foreigner,  or  any  person  for  the  use  and  ben- 
efit of  such  foreigner,  shall  purchase  or  otherwise  become 
entitled  to  the  whole,  or  any  part  or  share  of,  or  interest 
in  such  vessel,  the  same  being  within  a  district  of  the 
United  States,  the  certificate  shall,  within  seven  days  after 
such  purchase,  change,  or  tranfer  of  property,  be  delivered 
up  to  the  collector  of  the  district;  and  if  any  such  pur- 
chase, change,  or  transfer  of  property  shall  happen  when 
such  vessel  shall  be  at  any  foreign  port  or  place,  or  at  sea, 
then  the  master  or  person  having  the  charge  or  command 
thereof  shall,  within  eight  days  after  his  arrival  within  any 
district  of  the  United  States,  deliver  up  the  certificate  to 
the  collector  of  such  district. 

Any  master  or  owner  violating  the  provisions  of  this  sec- 
tificat£ng      r"tion  shall  be  liable  to  a  penalty  of  not  exceeding  five  hun- 
dred dollars,  and  the  certificate  of  registry  shall  be  thence- 
forth void. 


fit  SEC-  4172<  If  any  vessel  registered  as  a  vessel  of  the 
r  United  States  shall  be  sold  or  transferred,  in  whole  or  in 
'  Partj  by  w^y  of  trust,  confidence,  or  otherwise,  to  a  subject 
or  citizen  of  any  foreign  prince  or  state,  and  such  sale  or 
transfer  shall  not  be  made  known,  as  hereinbefore  directed, 
such  vessel,  together  with  her  tackle,  apparel,  and  furni- 
ture, shall  be  forfeited.  If  such  vessel,  however,  be  so 
owned  in  part  only,  and  it  is  made  to  appear  to  the  jury 
before  whom  the  trial  for  such  forfeiture  is  had,  that  any  other 
owner  of  such  vessel,  being  a  citizen  of  the  United  States, 
was  wholly  ignorant  of  the  sale  or  transferto  or  ownership 
of  such  foreign  subject  or  citizen,  the  share  or  interest  of 
such  citizen  of  the  United  States,  shall  not  be  subject  to 
such  forfeiture,  and  the  residue  only  shall  be  so  forfeited. 


MERCHANT   VESSELS,  SERVICE,  ETC.  337 

SEC.  4177.  The   Secretary  of  the  Treasury  shall  have  vJ8","lbcrs  for 
power,  under  such  regulations  as  he  shall  prescribe,  toTjniv*28,i86e,8. 
establish  and  provide  a  system  of  numbering  vessels  so  13>  v<  i4)  P-  331> 
registered,  enrolled,  and  licensed;  and  each  vessel  so  num- 
bered shall  have  her  number  deeply  carved  or  otherwise 
permanently  marked  on  her  main  beam;  and  if  at  any  time 
she  shall  cease  to  be  so  marked,  u  Such  vessel  shall  be  lia- 
ble to  a  fine  of  thirty  dollars  on  every  arrival  in  a  port  of 
the  United  States,  if  she  have  not  her  proper  official  num- 
ber legally  carved  or  permanently  marked." 

That  section  forty-one  hundred  and  seventy-eight,  of  the  Feb.  21,  i89i. 
Revised  Statutes  be,  and  the  same  is  hereby,  amended  to  26  stat.  L.,  765. 
read  entire  as  follows  : 

"  SEC.  4178.  The  name  of  every  documented  vessel  of  dl^ft88aul?h™iue 
the  United  States  shall  be  marked  upon  each  bow  and  upon  pwttobemarked 
the  stern,  and  the  home  port  shall  also  be  marked  upon  the 
stern.     These  names  shall  be  painted,  or  carved  and  gilded,  n.  s.,  tt 
in  Koinan  letters  in  a  light  color  on  a  dark  ground,  or  in  a 
dark  color  on  a  light  ground,  and  to  be  distinctly  visible. 
The  smallest  letters  used  shall  not  be  less  in  size  than  four 
inches. 

If  any  vessels  of  the  United  States  shall  be  found  with-    Penalty. 
out  these  names  being  so  marked  the  owner  or  owners  shall 
be  liable  to  a  penalty  of  ten  dollars  for  each  name  omitted  : 

Provided,  Jioivever,  That  the  names  on  each  bow  may  be    Limit  of  time. 
marked  within  the  year  eighteen  hundred  and  ninety-one." 

SEC.  4179.  No  master,  owner,  or  agent  of  any  vessel  of  ^^jjf^™™ 
the  United  States  shall  in  any  way  change  the  name  of  such  seiregl 
vessel,  or  by  any  device,  advertisement,  or  contrivance  to  2  ^J  £'  <?f64'  a* 
deceive  or  attempt  to  deceive  the  public,  or  any  officer  or 
agent  of  the  United  States,  or  of  any  State,  or  any  corpo- 
ration or  agent  thereof,  or  any  person  or  persons,  as  to 
the  true  name  or  character  of  such  vessel,  on  pain  of  the 
forfeiture  of  such  vessel. 

SEC.  4189.  Whenever  any  certificate  of  registry,  enroll-    Penalty  for 
rnent,  or  license,  or  other  record  or  document  granted  in  fraudulent  res18- 
lieu  thereof,  to  any  vessel,  is  knowingly  and  fraudulently  ^^Y/8'  l*f'  8 
obtained  or  used  for  any  vessel  not  entitled  to  the  benefit    ' 
thereof,  such  vessel,  with  her  tackle,  apparel,  and  furniture, 
shall  be  liable  to  forfeiture. 

SEC.  4190.  Xo  sea-letter  or  other  document  certifying  or    sea  letters,  to 
proving  any  vessel  to  be  the  property  of  a  citizen  of  the  ^J*  v< 
United  States  shall  be  issued,  except  to  vessels  duly  regis-  2  M-26'  1810'  v- 
tered,  or  enrolled  and  licensed  as  vessels  of  the  United  ' 
States,  or  to  vessels  which  shall  be  wholly  owned  by  citi- 
zens of  the  United  States,  and  furnished  with  or  entitled 
to  sea-letters  or  other  custom-house  documents. 

SEC.  4191.  Every  person  who  knowingly  makes,  utters, 
or  publishes  any  false  sea  letter,  Mediterranean  passport,  or  "«?, 
certificate  of  registry,  or  who  knowingly  avails  himself  ofj  ^f- 
any  such  Mediterranean  passport,  sea-letter,  or  certificate  ' 
of  registry,  shall  be  liable  to  a  penalty  of  not  more  than 
five  thousand  dollars,  and,  if  an  officer  of  the  United  States, 
shall  thenceforth  be  incapable  of  holding  any  office  of  trust 
or  profit  under  the  authority  of  the  United  States. 
376  -  22 


g 


338       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

Title 48,  chap.  2.     SEC.  41*04.  All  vessels  belonging  to  citizens  of  the  United 
conveyance  of  States,  and  bound  from  any  port  in  the  United  States  to 
fof1  the^united  any  other  port  therein,  or  to  any  foreign  port,  or  from  any 
states.  foreign  port  to  any  port  in  the  United  States,  shall,  before 

lofv.Yafp1^.' 8'  clearance,  receive  on  board  all  such  bullion,  coin,  United 
States  notes  and  bonds  and  other  securities,  as  the  Govern- 
ment of  the  United  States  or  any  department  thereof,  or 
any  minister,  consul,  vice-consul,  or  commercial  or  other 
agent  of  the  United  States  abroad,  shall  offer,  and  shall 
securely  convey  and  promptly  deliver  the  same  to  the 
proper  authorities  or  consignees,  on  arriving  at  the  port  of 
destination  5  and  shall  receive  for  such  service  such  reason- 
able compensation  as  may  be  allowed  to  other  carriers  in  the 
ordinary  transactions  of  business. 

of°cJn8uilrrfee8     ^EC*  ^07.  Whenever  any  clearance  is  granted  to  any 

to  be  anielecUo  vessel  of  the  United  States,  duly  registered  as  such,  and 

clearance^  ^6  bound  on  any  foreign  voyage,  the  collector  of  the  district 

a. ie, v.' 11, i>. 57.  'shall  annex  thereto,  in  every  case,  a  copy  of  the  rates  or 

tariffs  of  fees  which  diplomatic  and  consular  officers  are 

entitled,  by  the  regulations  prescribed  by  the  President,  to 

receive  for  their  services. 

Title  48,  chap.  5.     SEC.  4238.  Consuls  and  vice-consuls,  in  cases  where  ves- 
vesseis  strand-  sels  of  the  United  States  are  stranded  on  the  coasts  of 
coasta"   foreigu  their  consulates  respectively,  shall,  as  far  as  the  laws  of 
Apr!  14,  1792,  the  country  will  permit,  take  proper  measures,  as  well  for 
s.  a,  v.  i,  p.  255.     f-^e  pUrpOse  of  saving  the  vessels,  their  cargoes  and  appur- 
tenances, as  for  storing  and  securing  the  effects  and  mer- 
chandise saved,  and  for  taking  inventories  thereof;   and 
the  merchandise  and  effects  saved,  with  the  inventories 
thereof  so  taken,  shall,  after  deducting  therefrom    the 
expenses,  be  delivered  to  the  owners.    No  consul  or  vice- 
consul  shall  have  authority  to  take  possession  of  any  such 
merchandise,  or  other  property,  when  the  master,  owner,  or 
^consignee  thereof  is  present  or  capable  of  taking  posses- 
sion of  the  same. 

Title  49.  SEC.  4306.  Every  vessel  of  the  United  States,  going  to 
Passports  of  any  foreign  country,  shall,  before  she  departs  from  the 
?^4*<£jL"United  States,  at  the  request  of  the  master,  be  furnished 
ture  to  foreign  by  the  collector  for  the  district  where  such  vessel  may  be, 
^june7'  i,  1796,  with  a  passport,  the  form  for  which  shall  be  prescribed  by 
Feb'  i2V'i83i'  t84:  *^G  Secretary  of  State.  In  order  to  be  entitled  to  such  pass- 
p.u'i. '  '  port,  the  master  of  every  such  vessel  shall  be  bound,  with 

sufficient  sureties,  to  the  Treasurer  of  the  United  States, 
in  the  penalty  of  two  thousand  dollars,  conditioned  thai 
the  passport  shall  not  be  applied  to  the  use  or  protection 
of  any  other  vessel  than  the  one  described  in  it;  and  that, 
in  case  of  the  loss  or  sale  of  any  vessel  having  such  pass- 
port, the  same  shall,  within  three  months,  be  delivered  up 
to  the  collector  from  whom  it  was  received,  if  the  loss  or 
sale  take  place  within  the  United  States;  or  within  six 
months,  if  the  same  shall  happen  at  any  place  nearer  than 
the  Cape  of  Good  I  lope;  and  within  eighteen  months,  if  at 
a  more  distant  place. 

partSS^iSout     SEC*  4307>  If  an y  vessel  of  the  Ullited  States  shall  depart 
passport.  therefrom,  and  shall  be  bound  to  any  foreign  country,  other 


MERCHANT    VESSELS,  SERVICE,  ETC.  339 


than  to  some  port  ill  America,  without  such  passport,  the  s  4< 

master  of  such  vessel  shall  be  liable  to  a  peualty  of  two  8' 
hundred  dollars  for  every  such  offense. 

SEC.  4308.  Every  unregistered  vessel  owned  by  a  citizen  U^;.lj8!'i0srtt(8r^ 
of  the  United  States,  and  sailing  with  a  sea-letter,  going  to  vessel?.18 
any  foreign  country,  shall,  before  she  departs  from  the  1  ^a£-  2«  .J^3'  8- 
United  States,  at  the  request  of  the  master,  be  furnished  ' 
by  the  collector  of  the  district  where  such  vessel  may  be 
with  a  passport,  for  which  the  master  shall  be  subject  to 
the  rules  and  conditions  prescribed  for  vessels  of  the  United 
States. 

SEC.  4309.  Every  master  of  a  vessel,  belonging  to  citizens    Deposit   of 
of  the  United  States,  who  shall  sail  from  any  port  of  the  wM  olio?6 
United  States,  shall,  on  his  arrival  at  a  foreign  port,  deposit  2  ^  28'  Jjjos,  s. 
his  register,  sea-letter,  and  Mediterranean  passport  with  "' 
the  consul,  vice-consul,   commercial   agent,  or  vice-com- 
mercial agent,  if  any  there  be  at  such  port;  and  it  shall  be 
the  duty  of  such  consul,  vice-consul,  commercial  agent,  or 
vice-commercial  agent,  on  such  master  or  commander  pro- 
ducing to  him  a  clearance  from  the  proper  officer  of  the 
port  where  his  vessel  may  be,  to  deliver  to  the  master  all 
of  his  papers,  if  such  master  or  commander  has  complied 
with  the  provisions  of  law  relating  to  the  discharge  of  sea- 
men in  a  foreign  country,  and  to  the  payment  of  the  fees  of 
consular  officers. 

SEC.  4310.  Every  master  of  any  such  vessel  who  refuses  .  Penalty  for 
or  neglects  to  deposit  the  papers  as  required  by  the  pre-  Jfapers  withpcon* 
ceding  section,  shall  be  liable  to  a  penalty  of  five  hundred  8uI1j)id 
dollars,  to  be  recovered  by  such  consul,  vice-consul,  com- 
mercial agent,  or  vice-commercial  agent,  in  his  own  name, 
for  the  benefit  of  the  United  States,  in  any  court  of  compe- 
tent jurisdiction. 

SEC.  4573.  Before  a  clearance  is  granted  to  any  vessel  Title  53,  chap.  6. 
bound  on  a  foreign  voyage  or  engaged  in  the  whale-fishery,    List  of  crew  to 
the  master  thereof  shall  deliver  to  the  collector  of  the  cus-  coiiedcetorered  to 
toms  a  list  containing  the  names,  places  of  birth  and  resi-    Feb.  28,  is^s. 
dence,  and  description  of  the  persons  who  compose  his  Apr.'  4,  isJo,  s.  2,' 
ship's  company;  to  which  list  the  oath  of  the  captain  shall  v.  2,  p.  370. 
be  annexed,  that  the  list  contains  the  names  of  his  crew, 
together  with  the  places  of  their  birth  and  residence,  as  far 
as  he  can  ascertain  them;  and  the  collector  shall  deliver 
him  a  certified  copy  thereof,  for  which  the  collector  shall 
be  entitled  to  receive  the  sum  of  twenty-  five  cents. 

SEC.  4574.  In  all  cases  of  private  vessels  of  the  United  3  ^  f  •)3g019813>  8- 
States  sailing  from  a  port  in  the  United  States  to  a  foreign  '  List'oV  crew  to 
port,  the  list  of  the  crew  shall  be  examined  by  the  collector  eoiiecTor^and 
for  the  district  from  which  the  vessel  shall  clear,  and,  if  certified,  etc. 
approved  of  by  him,  shall  be  certified  accordingly.     No 
person  shall  be  admitted  or  employed  on  board  of  any  such 
vessel  unless  his  name  shall  have  been  entered  in  the  list  ' 
of  the  crew,  approved  and  certified  by  the  collector  for  the 
district  from  which  the  vessel  shall  clear.    The  collector, 
before  he  delivers  the  list  of  the  crew,  approved  and  certi- 
fied, to  the  master  or  proper  officer  of  the  vessel  to  which 
the  same  belongs,  shall  cause  the  same  to  be  recorded  in  a 


340   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

book- by  him  for  that  purpose  to  be  provided,  and  the  record 
shall  be  open  for  the  inspection  of  all  persons,  and  a  certi- 
fied copy  thereof  shall  be  admitted  in  evidence  in  any  court 
in  which  any  question  may  arise  under  any  of  the  provisions 
of  this  Title. 

Rules  as  to  list     SEC.  4575.  The  following  rules  shall  be  observed  with 
°VnTvW2o,  1840,  reference  to  vessels  bound  on  any  foreign  voyage: 
SJs^&Veb3!!?'     First.  The  duplicate  list  of  the  ship's  company,  required 
is??,  v.  b,  P.*J!  to  be  made  out  by  the  master  and  delivered  to  the  collector 
of  the  customs,  under  section  forty- live  hundred  and  sev- 
enty-three, shall  be  a  fair  copy  in  one  uniform  handwriting, 
without  erasure  or  interlineation. 

Second.  It  shall  be  the  duty  of  the  owners  of  every  such 
vessel  to  obtain  from  the  collector  of  the  customs  of  the  dis- 
trict from  which  the  clearance  is  made,  a  true  and  certified 
copy  of  the  shipping-articles,  containing  the  names  of  the 
crew,  which  sball  be  written  in  a  uniform  hand,  without 
erasures  or  interlineations. 

Third.  These  documents,  which  shall  be  deemed  to  con- 
tain all  the  conditions  of  contract  with  the  crew  as  to  their 
service,  pay,  voyage,  and  all  other  things,  shall  be  produced 
by  the  master,  and  laid  before  anyconsui,  or  other  commer- 
cial agent  of  the  United  States,  whenever  he  may  deem  their 
contents  necessary  to  enable  him  to  discharge  the  duties 
imposed  upon  him  by  law  toward  any  mariner  applying  to 
him  for  his  aid  or  assistance. 

Fourth.  All  interlineations,  erasures,  or  writing  in  a  hand 
different  from  that  in  which  such  duplicates  were  originally 
made,  shall  be  deemed  fraudulent  alterations,  working  no 
change  in  such  papers,  unless  satisfactorily  explained  in  a 
manner  consistent  with  innocent  purposes  and  the  provi- 
sions of  law  which  guard  the  rights  of  mariners. 

Fifth.  If  any  master  of  a  vessel  shall  proceed  on  a  foreign 
voyage  without  the  documents  herein  required,  or  refuse  to 
produce  them  when  required,  or  to  perform  the  duties 
imposed  by  this  section,  or  shall  violate  the  provisions 
thereof,  he  shall  be  liable  to  each  and  every  individual 
injured  thereby  in  damages,  to  be  recovered  in  any  court  of 
the  United  States  in  the  district  where  such  delinquent  may 
reside  or  be  found,  and  in  addition  thereto  be  punishable  by 
a  iine  of  one  hundred  dollars  for  such  offense. 

Sixth.  It  shall  be  the  duty  of  the  boarding-officer  to  report 
all  violations  of  this  section  to  the  collector  of  the  port  where 
any  vessel  may  arrive,  and  the  collector  shall  report  the 
same  to  the  Secretary  of  the  Treasury  and  to  the  United 
States  attorney  in  his  district. 

Title  70,  chap.  3.     gEC  5353^  Every  person  who  plunders,  steals,  or  destn  >ys 

plundering  any  money,  goods,  merchandise,  or  other  effects,  from  or 

,"„".'  "'  belonging   to   any  vessel  in   distress,   or  wrecked,   lost, 

9  vI4rp3ii6825'8'strail(led»  or  cast  away,  upon  the  sea,  or  upon  any  reef, 

shoal,  bank,  or  rocks  of  the  sea,  or  in  any  other  place 

within  the  admiralty  and  maritime  jurisdiction  of  the 

United  States;  and  every  person  who  willfully  obstructs 

the  escape  of  any  person  endeavoring  to  save  his  life  from 

such  vessel,  or  the  wreck  thereof  j  and  every  person  who 


MERCHANT   VESSELS,  SERVICE,  ETC.  341 

holds  out  or  shows  any  false  light,  or  extinguishes  any  true 
light,  with  intent  to  bring  any  vessel,  sailing  upon  the  sea, 
into  danger,  or  distress,  or  shipwreck,  shall  be  punished  by 
a  fine  of  not  more  than  five  thousand  dollars,  and  impris- 
oned at  hard  labor  not  more  than  ten  years. 

SEC.  5364.  Every  person  who,  on  the  high  seas,  or  within  ^StSS^rS^Si 
the  United  States,  willfully  and  corruptly  conspires,  coin-  ibid.,  s.  -JB,  p. 
bines,  and  confederates  with  any  other  person,  such  other 12 
person  being  either  within  or  without  the  United  States, 
to  cast  away  or  otherwise  destroy  any  vessel,  with  intent 
to  injure  any  person  that  may  have  underwritten  or  may 
thereafterward  underwrite  any  policy  of  insurance  thereon 
or  on  goods  on  board  thereof,  or  with  intent  to  injure  any 
person  that  has  lent  or  advanced,  or  may  lend  or  advance, 
any  money  on  such  vessel  on  bottomry  or  respondentia; 
and  every  person  who,  within  the  United  States,  builds,  or 
fits  out,  or  aids  in  building  and  fitting  out,  any  vessel  with 
intent  that  the  same  be  cast  away  or  destroyed  with  the 
intent  hereinbefore  mentioned,  shall  be  punished  by  a  fine 
of  not  more  than  ten  thousand  dollars,  and  by  imprisonment 
at  hard  labor  not  more  than  ten  years. 

That  section  fifty-three  hundred  and  sixty-five  of  the   A**g'  fi»  1894« 
Revised  Statutes  is  hereby  amended  to  read  as  follows :         28  stat.  L.,  233. 

Crimes  at  sea. 
See  note  2. 

"SEC.  5365.  Every  person  who,  on  the  high  seas,  wiU-^^JJjVeSB«5 
fully  and  corruptly  casts  away  or  otherwise  destroys  any  and  punished, 
vessel  of  which  he  is  owner,  in  whole  or  in  part,  with  intent  R.SS .^^5365!^ 
to  prejudice  any  person  that  may  underwrite  any  policy  of   See  sec.  5323. 
insurance  thereon,  or  any  merchant  that  may  have  goods 
thereon,  or  any  other  owner  of  such  vessel,  shall  be  pun- 
ished by  imprisonment  for  life,  or  for  any  term  of  years." 

SEC.  2.  That  section  fifty-three  hundred  and  sixty-six  of  1pir£cF;  8e» 

XT       T-.       •       j   ou.  •     i          -i  ±1     A.  •*.      -it  i  also    Vessels   of 

the  Eevised  Statutes  is  hereby  amended  so  that  it  will  read  the  Navy. 

as  follows:  See  note  1. 

"SEC.  5366.  Every  person,  not  being  an  owner,. who,  on byBa^nreyr'  J°* 
the  high  seas,  willfully  and  corruptly  casts  away  or  other-  fined  and  'pun- 
wise  destroys  any  vessel  to  which  he  belongs,  being  the  "substitute  for 
property  of  any  citizen,  shall  be  punished  by  imprisonment K-  »•• 8ec- 5366- 
for  life,  or  for  any  term  of  years." 

SEC.  3.  This  act  shall  only  apply  to  acts  hereafter  com-  iv^ot   retroact- 
mitted  and  shall  not  aifect  any  case  or  prosecution  nowlv 
pending. 

SEC.  5367.  Every  person,  not  being  an  owner,  who,  on    Attempt  to  de- 
the  high  seas,  willfully,  with  intent  to  destroy  the  same,  sea°y 
sets  fire  to  any  vessel,  or  otherwise  attempts  the  destruc-  7  ^uly  29»41«0>  "• 
tion  thereof,  being  the  property  of  any  citizen,  shall  suffer 
imprisonment  at  hard  labor  for  a  term  of  not  more  than 
ten  years  nor  less  than  three  years. 

SEC.  5423.  If  any  person  falsely  makes,  forges,  counter-  Titio7o,chap.5. 
feits,  or  alters  any  instrument  in  imitation  of,  or  purporting  Forging  or  ai- 
to  be,  an  abstract  or  official  copy,  or  certificate  of  the  record-  £?*5w«wt«S' 
ing,  registry,  or  enrollment  of  any  vessel,  in  the  office  ofhouse  iiocu 

Note  2. — The  original  sections  of  the  Revised  Statutes  here  referred  to  provide 
capital  punishment  for  these  offenses. 


342   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Mar.  3^825. ».  tllly  collector  of  the  customs,  or  a  license  to  any  vessel,  for 
carrying  on  the  coasting*  trade,  or  fisheries  of  the  United 
States,  or  a  certificate  of  ownership,  pass,  passport,  sea- 
letter,  or  clearance,  granted  for  any  vessel,  under  the 
authority  of  the  United  States,  or  a  permit,  debenture,  or 
other  official  document  granted  by  any  collector  or  other 
officer  of  the  customs,  by  virtue  of  his  office;  or  passes, 
utters,  or  publishes,  or  attempts  to  pass,  utter,  or  publish, 
as  true,  any  such  false,  forged,  counterfeited,  or  falsely 
altered  instrument,  abstract,  official  copy,  certificate,  license, 
pass,  passport,  sea-letter,  clearance,  permit,  debenture,  or 
other  official  document  herein  specified,  knowing  the  same 
to  be  false,  forged,  counterfeited,  or  falsely  altered,  with 
an  intent  to  defraud,  he  shall  be  punished  by  a  fine  of  not 
more  than  one  thousand  dollars,  and  by  imprisonment  at 
hard  labor  not  more  than  three  years. 


YACHTS. 


Sec. 

4214.  Act   Jan.  16,    1895.    Bond   not    re- 

quired.   License  of  yachts. 

4215.  Signals  of  yachts. 

4216.  Yachts  belonging  to  foreign  yacht 

clubs. 


Sec. 

4217.  Commissions  to  yachts. 

4218.  Entry  of  yachts. 


Title  48,  chap.  2.  SEC.  4214.  The  Secretary  of  the  Treasury  may  cause 
License  ofyachts  used  and  employed  exclusively  as  pleasure  vessels 
yJAut8*7  1848  s  or  (lesigne(l  as  models  of  naval  architecture,  if  built  and 
2,  v.  b,  'p.  274'; owned  in  compliance  with  the  provisions  of  sections  forty - 
f.T  I?,'  if  IT?;'  one  hundred  and  thirty-three  to  forty  one  hundred  and 
Mar.  3,'i883,  ch!  thirty -five,  to  be  licensed  on  terms  which  will  authorize 
13seo'act 3 ail6! e,  them  to  proceed  from  port  to  port  of  the  United  States, 
1895,  amending  an(j  by  sea  to  foreign  ports,  without  entering  or  clearing 

this  section.  ,    ,,     «-  ,  -IT'  -,     n    i_      • 

at  the  custom-house,  such  license  shall  be  in  such  form  as 
the  Secretary  of  the  Treasury  may  prescribe.  The  owner 
of  any  such  vessel,  before  taking  out  such  license,  shall 
give  a  bond  in  such  form  and  for  such  amount  as  the  Sec- 
retary of  the  Treasury  shall  prescribe,  conditioned  that  the 
vessel  shall  not  engage  in  any  trade,  nor  in  any  way  violate 
the  revenue  laws  of  the  United  States;  and  shall  comply 
with  the  laws  in  all  other  respects.  Such  vessels,  so  enrolled 
and  licensed,  shall  not  be  allowed  to  transport  merchandise 
or  carry  passengers  for  pay.  Such  vessels  shall  have  their 
name  and  port  placed  on  some  conspicuous  portion  of  their 
hulls.  Such  vessels  shall,  in  all  respects,  except  as  above, 
be  subject  to  the  laws  of  the  United  States,  and  shall  be 
liable  to  seizure  and  forfeiture  for  any  violation  of  the  pro- 
visions of  this  title:  Provided,  That  all  charges  for  license. 
and  inspection  fees  for  any  pleasure  vessel  or  yacht  shall  not 
exceed  five  dollars,  and  for  admeasurement  shall  not  exceed 
ten  cents  per  ton. 

Jan.  16, 1895.       SEC.  4.  That  no  bond  shall  be  required  on  the  licensing 

28stat.  L.,C24.  of  yachts;  no  licensed  yacht  shall  engage  in  any  trade,  nor 

Bom!s8not  re- il1  anv  wav  violate  the  revenue  laws  of  the  United  States; 

quired.  and  every  such  yacht  shall  comply  with  the  laws  in  all 

respects. 


MURDER,  MANSLAUGHTER,  MUTINY,  ETC.  343 

Section  one  of  the  act  approved  March  third,  eighteen    ^?''Mar21*' 
hundred    and   eighty-three,   amending    section  forty- two  eh.  133  (isnpp* 
hundred  and  fourteen,  Revised  Statutes,  and  so  forth,  isKS"412> 
amended  accordingly. 

SEC.  5.  That  any  master  or  owner  violating  the  provi-    Penalty- 
sions  of  this  or  the  preceding  section  shall  be  liable  to  the 
penalty  of  two  hundred  dollars,  in  addition  to  any  other 
penalty  imposed  by  law. 

The  Secretary  of  the  Treasury  shall  have  power  to  remit  ^™ay  be  remit' 
or  mitigate  any  such  penalty  if  in  his  opinion  it  was  incurred 
without  negligence  or  intention  of  fraud. 

SEC.  6.  That  this  Act  shall  not  invalidate  the  bonds  here-    Boml8  in  force- 
tofore  given  under  the  requirements  of  law. 

SEC.  4215.  All  such  licensed  yachts  shall  use  a  signal  of  a^tf  nals  of 
the  form,  size,  and  colors  prescribed  by  the  Secretary  of  theyalug.'7,  i848,s. 
Navy;  and  the  owners  thereof,  shall  at  all  times  permit  the3' V>9)P-274- 
naval  architects  in  the  employ  of  the  United  States  to 
examine  and  copy  the  models  of  such  yachts. 

SEC.  4216.  Yachts,  belonging  to  a  regularly  organized  inj^b£ I 
yacht  club  of  any  foreign  nation  which  shall  extend  like  yacht  dubs. 
privileges  to  the  yachts  of  the  United  States,  shall  have 2 t 
the  privilege  of  entering  or  leaving  any  port  of  the  United 
States  without  entering  or  clearing  at  the  custom-house 
thereof  or  paying  tonnage  tax. 

SEC.  4217.  For  the  identification  of  yachts  and  their  commissions  to 
owners,  a  commission  to  sail  for  pleasure  in  any  designated  yTbid8,' s.  3. 
yacht  belonging  to  any  regularly  organized  and  incorpo- 
rated -yacht  club,  stating  the  exemptions  and  privileges 
enjoyed  under  it,  may  be  issued  by  the  Secretary  of  the 
Treasury,  and  shall  be  a  token  of  credit  to  any  United 
States  official,  and  to  the  authorities  of  any  foreign  power, 
for  privileges  enjoyed  under  it. 

SEC.  4218.  Every  yacht  visiting  a  foreign  country  under  Entry  of  yachts, 
the  provisions  of  the  four  preceding  sections  shall,  on  her  T1 
return  to  the  United  States,  make  due  entry  at  the  custom- 
house of  the  port  at  which,  on  such  return,  she  shall  arrive. 

MURDER,  MANSLAUGHTER,  MAIMING,  MUTINY,  ETC. 


Sec. 

1624.  Art.  G.  Murder  by  persons  on  pub- 
lic vessels. 

5325.  Punishment  of  death  by  hanging. 

5326.  No  conviction  to  work  corruption 

of  blood  or  forfeiture  of  estate. 

5327.  Whipping  and  the  pillory  abolished. 


5328.  Jurisdiction  of  State  courts.  vessels. 


Sec. 

5344.  Officers  and  owners  of  steamboats 

through  whose  misconduct,  etc., 
life  is  lost. 

5345.  Rape. 

5346.  Assault  with  a  dangerous  weapon. 

5347.  Maltreatment  of  crew  by  officers  of 


5329.  Benefit  of  clergy. 
53:50.  Pardoning  power. 

5339.  Murder. 

5340.  Delivery  of  offender's  body  for  dis- 

section, when. 

5341.  Manslaughter. 

5342.  Attempt  to  commit  murder  or  man- 

slaughter. 

5343.  Punishment  of  manslaughter. 


5348.  Maiming,  etc. 

5390.  Misprision  of  felony. 

5391.  Offenses  committed  in  places  ceded 
to  the  United  States. 

1624.  Mutiny  in  the  Navy. 

5359.  Inciting  revolt  or  mutiny  on  ship- 

board. 

5360.  Revolt  and  mutiny  on  shipboard. 


SEC.  1624.  ART.  6.  If  any  person  belonging  to  any  pub-  Title i5,chap.io. 
lie  vessel  of  the  United  States  commits  the  crime  of  murder    Murder, 
without  the  territorial  jurisdiction  thereof,  he  may  be  tried  l 
by  court-martial  and  punished  with  death. 


344   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Title  70,  chap.  i.      SEC.  5325.  The  manner  of  inflicting  the  punishment  of 
Punishment  of  death  shall  be  by  hanging. 

death  by  hang- 
ing. 

See  sec.  5340. 

Apr.  30,  1790,  s. 
33,  v.  1,  p.  119. 

NO  conviction     SEC.  5326.  No  conviction  or  judgment  shall  work  corru  p 
t?oiTof  bfoUTor  tion  of  blood  or  any  forfeiture  of  estate. 

forfeiture  of  es- 

Uie. 

Ibid.,  8.  24,  p,  117. 

whipping  and     SEC.  5327.  The  punishment  of  whipping  and  of  standing 
She?.  in  the  pillory  shall  not  be  inflicted. 

Feb.  28,  1839,  a. 
5,  v.  5,  p.  322. 

jurisdiction  of     SEC.  5328.  Nothing  in  this  Title  shall  be  held  to  take 

State  courts.  .  •     _LI        •       •     i«    j_-  /?^i  J_^»JT  i 

Mar.  3,  1795,8.  away  or  impair  the  jurisdiction  of  the  courts  of  the  several 
26,  v.  4,  p.  122.      states  under  the  laws  thereof. 


SEC.  5329.  The  benefit  of  clergy  shall  not  be  used  or 
clApr?3o,i79o,  s.  allowed,  upon  conviction  of  any  crime  for  which  the  pun- 
si,  v.i,p.'ii9.  '  ishment  is  death. 

Pardoning     SEC.  5330.  Whenever,  by  the  judgment  of  any  court  or  ju- 
^Feb.'2o,  1863,  a.  dicial  officer  of  the  United  States,  in  any  criminal  proceed- 
i,  v.  12,  p.  656.      jng?  aily  person  is  sentenced  to  two  kinds  of  punishment, 
the  one  pecuniary  and  the  other  corporal,  the  President 
shall  have  full  discretionary  power  to  pardon  or  remit,  in 
whole  or  in  part,  either  one  of  the  two  kinds,  without,  in  any 
manner,  impairing  the  legal  validity  of  the  other  kind,  or 
of  any  portion  of  either  kind,  not  pardoned  or  remitted. 
Title  70,  cimp.  s.     SEC.  5339.  Every  person  who  commits  murder— 

Mnrder.  ^  First.  Within  any  fort,  arsenal,  dock-yard,  magazine,  or 

s^pjus/Mar!  ^  &uj  other  place  or  district  of  country  under  the  exclusive 
^1$k     4'v-4'  jurisdiction  of  the  United  States; 

p  See  sec.  5326.  Second.  Or  upon  the  high  seas,  or  in  any  arm  of  the  sea, 
or  in  any  river,  haven,  creek,  basin,  or  bay  within  the  admi- 
ralty and  maritime  jurisdiction  of  the  United  States,  and 
out  of  the  jurisdiction  of  any  particular  State; 

Third.  Or  who  upon  any  of  such  waters  maliciously 
strikes,  stabs,  wounds,  poisons,  or  shoots  at  any  other  per- 
son, of  which  striking,  stabbing,  wounding,  poisoning,  or 
shooting,  such  other  person  dies,  either  on  land  or  at  sea, 
within  or  without  the  United  States,  shall  suffer  death. 

foSJSiwdTfor  SEC-  534°-  Tne  court  before  which  any  person  is  con- 
dissection,  when,  victed  of  murder,  may,  in  its  discretion,  add  to  the  judg- 
ment  of  death,  that  the  body  of  the  offender  be  delivered 
to  a  surgeon  for  dissection;  and  the  marshal  who  executes 
such  judgment  shall  deliver  the  body,  after  execution,  to 
such  surgeon  as  the  court  may  direct;  and  such  surgeon, 
or  some  person  by  him  appointed,  shall  receive  and  take 
away  the  body  at  the  time  of  execution. 

™  ™!??fiiS:  SBC-  5341-  Every  person  who,  within  any  of  the  places 
3.  157,  k.  i.'v.  11,  or  upon  any  of  the  waters  described  in  section  fifty-three 
hundred  and  thirty-nine,  unlawfully  and  wilfully,  but  with- 
out malice,  strikes,  stabs,  wounds,  or  shoots  at,  or  other- 
wise injures  another,  of  which  striking,  stabbing,  wounding, 
shooting,  or  other  injury  such  other  person  dies,  either  on 
land  or  sea,  within  or  without  the  United  States,  is  guilty 
of  the  crime  of  manslaughter. 


MURDER,  MANSLAUGHTER,  MUTINY,  ETC.  345 

SEC.  5342.  Every  person  who.  within  any  of  the  places    Attempt  to 

,  , ,         •  n  -t      t    •  A*         ft  fj      j  i          commit    murder 

or  upon  any  of  the  waters  described  in  section  fifty- three  or  manslaughter, 
hundred  and  thirty-nine,  attempt  to  commit  the  crime  of2  ^ijp'^o7' 8> 
murder  or  manslaughter,  by  any  means  not  constituting 
the  offense  of  assault  with  a  dangerous  weapon,  shall  be 
punished  by  imprisonment,  with  or  without  hard  labor, 
not  more  than  three  years,  and  by  a  fine  of  not  more  than 
one  thousand  dollars. 

SEC.  5343.  The  punishment  of  manslaughter  shall  be  im-  maiSiuhTht?r  °f 
prisonment,  not  exceeding  ten  years  and  a  fine  not  exceeding  "'Apr.  30, 1196,9. 
one  thousand  dollars,  except  as  otherwise  specially  provided  ^J;  J;  ffaj^ll 
bylaw.  3,  v.'  ii,  p,  250- 

J  Mar.  3, 1875,  SB.  1, 

2,  v.  18,  p.  138. 

SEC.  5344.  Every  captain,  engineer,  pilot,  or  other  person    officers    and 

*V  j        ,    owners  of  steam- 

employed  on  any  steamboat  or  vessel,  by  whose  misconduct,  boats  through 
negligence,  or  inattention  to  his  duties  on  such  vessel,  the  J^^Jtc1"!?^ 
life  of  any  person  is  destroyed,  and  every  owner,  inspector,  lost,' guiity  of 
or  other  public  officer,  through  whose  fraud,  connivance,  m^eb^i87i,'  s. 
misconduct,  or  violation  of  law,  the  life  of  any  person  is57,v.i6,p.45G.' 
destroyed,  shall  be  deemed  guilty  of  manslaughter,  and, 
upon   conviction  thereof  before  any  circuit  court  of  the 
United  States,  shall  be  sentenced  to  confinement  at  hard 
labor  for  a  period  of  not  more  than  ten  years. 

SEC.  5345.  Every  person  who,  within  any  of  the  places  or    Rape, 
upon  any  of  the  waters  specified  in  section  fifty- three  hun-  4  ^p3'^^25'  *' 
dred  and  thirty-nine,  commits  the  crime  of  rape  shall  suffer 
death. 

SEC.  5346.  Every  person  who,  upon  the  high  seas,  or  in    Assault  with  a 
any  arm  of  the  sea,  or  in  any  river,  haven,  creek,  basin,  or  wja^e  r 
bay,  within  the  admiralty  jurisdiction  of  the  United  States,  12{bld" 8-  22>  p- 
and  out  of  the  jurisdiction  of  any  particular  State,  on  board 
any  vessel  belonging  in  whole  or  part  to  the  United  States, 
or  any  citizen  thereof,  with  a  dangerous  weapon,  or  with 
intent  to  perpetrate  any  felony,  commits  an  assault  on 
another  shall  be  punished  by  a  fine  of  not  more  three  thou- 
sand dollars,  and  by  imprisonment  at  hard  labor  not  more 
than  three  years. 

SEC.  5347.  Every  master  or  other  officer  of  any  American    Maltreatment 

i  j-i       i  •    t  ;i  /  -.j.i_'       J.-L.     °i  crew  by  om- 

vessel  on  the  high  seas,  or  on  any  other  waters  within  the  cers  of  vessels. 
admiralty  and  maritime  jurisdiction  of  the  United  States,  3  Mar-  377l|35' 8* 
who,  from  malice,  hatred,  or  revenge,  and  without  justifiable 
cause,  beats,  wounds,  or  imprisons  any  of  the  crew  of  such 
vessel,  or  withholds  from  them  suitable  food  and  nourish- 
ment, or  inflicts  upon  them  any  cruel  or  unusual  punish- 
ment, shall  be  punished  by  a  fine  of  not  more  than  one 
thousand  dollars,  or  by  imprisonment  not  more  than  five 
years,  or  by  both. 

SEC.  5348.  Every  person  who,  within  any  of  the  places  13^-  ^ 
upon  the  land  under  the  exclusive  jurisdiction  of  the  United 
States,  or  who,  upon  the  high  seas,  in  any  vessel  belonging 
to  the  United  States,  or  to  any  citizen  thereof,  maliciously 
cuts  off  the  ear,  cuts  out  or  disables  the  tongue,  puts  out 
an  eye,  slits  the  nose,  cuts  off  the  nose  or  lip,  or  cuts  off  or 
disables  any  limb  or  member  of  any  person,  with  intent  to 
maim  or  disfigure  such  person,  shall  be  imprisoned  at  hard 


346       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

labor  not  more  than  seven  years,  and  fined  not  more  than 
one  thousand  dollars. 

utie  TO,  chap.  3.     gEC>  5390.  Every  person  wlio,  having  knowledge  of  the 

Hiapriaion  of  actual  commission  of  the  crime  of  murder  or  other  felony 

feAPr."3o,  1790,  8.  upon  th  e  high  seas,  or  within  any  fort,  arsenal,  dock  -yard, 

6,  v.i,  p.m.       magazine,  or  other  place  or  district  of  country  under  the 

exclusive  jurisdiction  of  the  United  States,  conceals,  and 

does  not  as  soon  as  may  be  disclose  and  make  known  the 

same  to  some  one  of  the  judges  or  other  persons  in  civil  or 

military  authority  under  the  United  States,  is  guilty  of 

misprision  of  felony,  and  shall  be  imprisoned  not  more  than 

three  years,  and  fined  not  more  than  five  hundred  dollars. 

n     SEC.  5391'   If  any  offense  be  committed  in  any  place 
'ceded  to  which  has  been  or  may  hereafter  be,  ceded  to  and  under 
the  jurisdiction  of  the  United  States,  which  offense  Is  not 


Mar.  3,  1825,'  8.  prohibited,  or  the  punishment  thereof  is  not  specially  pro- 
Apr.'5,4'i866,  s.1!;  vided  for,  by  any  law  of  the  United  States,  such  offense 
v.  u,  p.  13.         shall  be  liable  to,  and  receive,  the  same  punishment  as  the 
laws  of  the  State  in  which  such  place  is  situated,  now  in 
force,  provide  for  the  like  offense  when  committed  within 
the  jurisdiction  of  such  State;  and  no  subsequent  repeal  of 
any  such  State  law  shall  affect  any  prosecution  for  such 
offense  in  any  court  of  the  United  States. 

Tttiei6,chap.io.     gEc.  1624.  ART.  4.   The  punishment  of  death,  or   such 
Mutiny  in  the  other  punishment  as  a  court-martial  may  adjudge,  may  be 
Xju(y  ]7)  1862,  s.  inflicted  on  any  person  in  the  naval  service  — 
i,v.i2,p.floo.          First.  Who  makes,  or  attempts  to  make,  or  unites  with 
any  mutiny  or  mutinous  assembly,  or,  being  witness  to  or 
present  at  any  mutiny,  does  not  do  his  utmost  to  suppress 
it  ;    or,  knowing  of  any  mutinous  assembly  or  of  any 
intended  mutiny,  does  not  immediately  communicate  his 
knowledge  to  his  superior  or  commanding  officer  ;   ' 

*###*## 
Title  70,  chap.  3.     SEC.  5359.  If  any  one  of  the  crew  of  any  American  vessel 
inciting  revolt  on  the  high  seas,  or  other  waters  within  the  admiralty  and 
shipbdardny  )n  maritime,  jurisdiction  of  the  United  States,  endeavors  to 
o  y  V1  T3^:  make  a  revolt  or  mutiny  on  board  such  vessel,  or  combines, 
Apr.  30,  iroo,  B!  conspires,  or  confederates  with  any  other  person  on  board 
12,  v.i.  p.  us.      t;0  make  such  revolt  or  mutiny,  or  solicits,  incites,  or  stirs 
up  any  other  of  the  crew  to  disobey  or  resist  the  lawful 
orders  of  the  master,  or  other  officer  of  such  vessel,  or  to 
refuse  or  neglect  their  proper  duty  on  board  thereof,  or  to 
betray  their  proper  trust,  or  assembles  with  others  in  a 
tumultuous  and  mutinous  manner,  or  makes  a  riot  on  board 
thereof,  or  unlawfully  confines  the  master,  or  other  com- 
manding officer  thereof,  he  shall  be  punished  by  a  fine  of 
not  more  than  one  thousand  dollars,  or  by  imprisonment 
not  more  than  five  years,  or  by  both  such  fine  and  impris- 
onment. 


.     SEC-  5?60-  If  any  one  of  th«  CI>ew  of  an  American  vessel 
i««ir.i.         r     on  the  high  seas,  or,  on  any  other  waters  within  the  adini- 
i  v,  {Tp-mjApJ:  ralt>'  }lll(l  maritime,  jurisdiction  of  the  United  States,  unlaw- 
aoi79o,  s.8,  v.i,  fully  and  with  force,  or  by  fraud,  or  intimidation,  usurps 
the  command  of  such  vessel  from  the  master  or  other  lawful 
officer  in  command  thereof,  or  deprives  him  of  authority 


NATURALIZATION,  CITIZENSHIP,  ETC.  347 

and  command  on  board,  or  resists  or  prevents  him  in  the 
free  and  lawful  exercise  thereof,  or  transfers  such  authority 
and  command  to  another  not  lawfully  entitled  thereto,  he  is 
guilty  of  a  revolt  and  mutiny,  and  shall  be  punished  by  a 
fine  of  not  more  than  two  thousand  dollars,  and  by  imprison- 
ment at  hard  labor  not  more  than  ten  years. 

NATURALIZATION— CITIZENSHIP. 

[Sec  also  EXPATRIATION.] 


Sec. 

2165.  Aliens,  how  naturalized. 

2166.  Aliens  honorably  discharged  from 

military  service. 

2167.  Minor  residents. 

2168.  Widow  and  children  of  declarants. 


Sec. 

2170.  Residence  of  five  years  in  United 

States. 

2171.  Alien  enemies  not  admitted. 

2172.  Children  of  persons  naturalized  un- 

der  certain  laws  to  be  citizens. 


2174.  Naturalization  of  seamen. 
NATURALIZATION. 

SEC.  2165.  An  alien  may  be  admitted  to  become  a  citizen      Title  30- 
of  the  United  States  in  the  following  manner,  and  not  other-    Aliens,  how 

Wise:  naturalized. 

First.  He  shall  declare  on  oath,  before  a  circuit  or  district  in?enCtfonation  °f 
court  of  the  United  States,  or  a  district  or  supreme  court  of   Apr.  14,  1802, 
the  Territories,  or  a  court  of  record  of  any  of  the  States  ll^i^.  May P26,' 
having  common-law  jurisdiction,  and  a  seal  and  clerk,  two  Jjj2*^4'  T'  &$ 
years,  at  least,  prior  to  his  admission,  that  it  is  his  bonach;.5,v.i9,'p.2.  ' 
fide  intention  to  become  a  citizen  of  the  United  States,  and  reefee?riZnn8hltpo 
to  renounce  forever  all  allegiance  and  fidelity  to  any  foreign  Chinese. 
prince,  potentate,  state,  or  sovereignty,  and,  particularly, 
by  name,  to  the  prince,  potentate,  state,  or  sovereignty  of 
which  the  alien  may  be  at  the  time  a  citizen  or  subject. 

Second.  He  shall,  at  the  time  of  his  application  to  be  ^^J^gg" 
admitted,  declare,  on  oath,  before  some  one  of  the  courts tutum  of  °the 
above  specified,  that  he  will  support  the  Constitution  of  united  states, 
the  United  States,  and  that  he  absolutely  and  entirely 
renounces  and  abjures  all  allegiance  and  fidelity  to  every 
foreign  prince,  potentate,  state,  or  sovereignty;  and,  par- 
ticularly,  by  name,  to  the    prince,   potentate,  state,   or 
sovereignty  of  which  he  was  before  a  citizen  or  subject; 
which  proceedings  shall  be  recorded  by  the  clerk  of  the 
court. 

Third.  It  shall  be  made  to  appear  to  the  satisfaction  of  uStecfstateso? 
the  court  admitting  such  alien  that  he  has  resided  within  states,  and  good 
the  United  States  five  years  at  least,  and  within  the  State  moral  character- 
or  Territory  where  such  court  is  at  the  time  held,  one  year 
at  least;  and  that  during  that  time  he  has  behaved  as  a 
man  of  good  moral  character,  attached  to  the  principles  of 
the  Constitution  of  the  United  States,  and  well  disposed 
to  the  good  order  and  happiness  of  the  same;  but  the  oath 
of  the  applicant  shall  in  uo  case  be  allowed  to  prove  his 
residence. 

Fourth.  In  case  the  alien  applying  to  be  admitted  to  citi-  bi™eiJ0  °bfe  "JJ; 
zeuship  has  borne  any  hereditary  title,  or  been  of  any  ofmmncea. 
the  orders  of  nobility  in  tlie  kingdom  or  state  from  which  i^^pA'sg802'8' 
he  came,  he  shall,  in  addition  to  the  above  requisites,  make 
an  express  renunciation  of  his  title  or  order  of  nobility  in 


348   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

the  court  to  which  his  application  is  made,  and  his  renun- 
ciation shall  be  recorded  in  the  court. 

July  26,  189*.       Any  alien  of  the  age  of  twenty-one  years  and  upward  who 

supp.  B.  s.,  has  enlisted  or  may  enlist  in  the  United  States  Navy  or 

1892  95,  pp.  x*-  Marine  Corps,  and  has  served  or  may  hereafter  serve  five 

""Naturalization  consecutive  years  in  the  United  States  Xavy  or  one  enlist- 

i',1  vlv'v  or  VMUf  ment  iR  ^ne  United  States  Marine  Corps,  and  has  been  or 

rine  corps.1     a  may  hereafter  be  honorably  discharged,  shall  be  admitted 

K.  s.,  sec.  2166.  to  become  a  citizen  of  the  United  States  upon  his  petition, 

without  any  previous  declaration  of  his  intention  to  become 

such;  and  the  court  admitting  such  alien  shall,  in  addition 

to  proof  of  good  moral  character,  be  satisfied  by  competent 

proof  of  such  person's  service  in  and  honorable  discharge 

from  the  United  States  Navy  or  Marine  Corps. 

Minor  resi-  SEC.  2167.  Any  alien,  being  under  the  age  of  twenty-one 
<leMay  26,  i824,s.  years,  who  has  resided  in  the  United  States  three  years  next 
i,  v.4,  p.'  69.  '  preceding  his  arriving  at  that  age,  and  who  has  continued 
to  reside  therein  to  the  time  he  may  make  application  to  be 
admitted  a  citizen  thereof,  may,  after  he  arrives  at  the  age 
of  twenty-one  years,  and  after  he  has  resided  five  years 
within  the  United  States,  including  the  three  years  of  his 
minority,  be  admitted  a  citizen  of  the  United  States,  with- 
out having  made  the  declaration  required  in  the  first  condi- 
tion of  section  twenty-one  hundred  and  sixty-five;  but  such 
alien  shall  make  the  declaration  required  therein  at  the  time 
of  his  admission;  and  shall  further  declare,  on  oath,  and 
prove  to  the  satisfaction  of  the  court,  that,  for  two  years 
next  preceding,  it  has  been  his  bona  fide  intention  to  become 
a  citizen  of  the  United  States;  and  he  shall  in  all  other 
respects  comply  with  the  laws  in  regard  to  naturalization. 
w  and  SEC.  2168.  When  any  alien,  who  has  complied  with  the 
ol  first  condition  specified  in  section  twenty-one  hundred  and 
26  293041  *'  sixty-  five,  dies  before  he  is  actually  naturalized,  the  widow 
and  the  children  of  such  alien  shall  be  considered  as  citi- 
zens of  the  United  States,  and  shall  be  entitled  to  all  rights 
and  privileges  as  such,  upon  taking  the  oaths  prescribed  by 
law. 


a      in     ^EC*  ^J-70.  No  alien  shall  be  admitted  to  become  a  citizen 
states.  m  who  has  not  for  the  continued  term  of  five  years  next  pre- 

Si!  8-  ceding  his  admission  resided  within  the  United  States. 
m*     ^E0'  2171-  No  alien  who  is  a  native  citizen  or  subject,  or 
Apr.  n,  1802,  s.  a  denizen  of  any  country,  state,  or  sovereignty  with  which 
July'  30  '  ill's  ^h'  *ue  United  States  are  at  war,  at  the  time  of  his  application, 
36,  v.  3,'  p.  M.    'shall  be  then  admitted  to  become  a  citizen  of  the  United 
States;    *     *     *     nor  shall  anything  herein  contained  be 
taken  or  construed  to  interfere  with  or  prevent  the  appre- 
hension and  removal,  agreeably  to  law,  of  any  alien  enemy 
at  any  time  previous  to  the  actual  naturalization  of  such 
alien. 


SEC§  2172<  The  cllildrei1  of  persons  who  have  been  duly 
under  certain  naturalized  under  any  law  of  the  United  States,  or  who, 
Lens  *°  be  citi  Previous  to  the  passing  of  any  law  on  that  subject,  by  the 
Apr.  H,  1802,  s.  Government  of  the  United  States,  may  have  become  citi- 
4,  v.  2,  P.  155.       ens  of  any  one  Of  the  states,  under  the  laws  thereof,  being 
under  the  age  of  twenty-one  years  at  the  time  of  the  natu- 


NATURALIZATION,  CITIZENSHIP,  ETC. 


349 


s72,  8. 


ralization  of  their  parents,  shall,  if  dwelling  in  the  United 
States,  be  considered  as  citizens  thereof;     *     *     * 

SEC.  2174.  Every  seaman,  being  a  foreigner,  who  declares 
his  intention  of  becoming  a  citizen  of  the  United  States  in 
any  competent  court,  and  shall  have  served  three  years  on  ^gee^titie^pi- 
board  of  a  merchant-  vessel  of  the  United  States  subsequent  lots  and  pilot- 
to  the  date  of  such  declaration,  may,  on  his  application  to  age-" 
any  competent  court,  and  the  production  of  his  certificate 
of  discharge  and  good  conduct  during  that  time,  together 
with  the  certificate  of  his  declaration  of  intention  to  become 
a  citizen,  be  admitted  a  citizen  of  the  United  States;  and 
every  seaman,  being  a  foreigner,  shall,  after  his  declaration 
of  intention  to  become  a  citizen  of  the  United  States,  and 
after  he  shall  have  served  such  three  years,  be  deemed  a 
citizen  of  the  United  States  for  the  purpose  of  manning 
and  serving  on  board  any  merchant-vessel  of  the  United 
States,  anything  to  the  contrary  in  any  act  of  Congress 
notwithstanding;  but  such  seaman  shall,  for  all  purposes 
of  protection  as  an  American  citizen,  be  deemed  such,  after 
the  filing  of  his  declaration  of  intention  to  become  such 
citizen. 


CITIZENSHIP. 


Sec. 

Act  May  3, 1875.  Immigration  of  certain 

classes  prohibited. 
Act  May  5, 1992.  Affecting  Chinese. 
Exclusion  of  aliens. 


Sec. 

1992.  Who  are  citizens. 

1993.  Citizenship  of  children  of  citizens 

born  abroad. 

1994.  Citizenship  of  married  women. 

1996.  Rights  as  citizens  forfeited  for  de- 

sertion, etc. 

1997.  Certain  soldiers  and  sailors  not  to 

incur  the  forfeitures  of  the  last 
section. 

SEC.  1992.  All  persons  born  in  the  United  States  and  not      Title  25. 
subject  to  any  foreign  power,  excluding  Indians  not  taxed,    who  are  citi- 
are  declared  to  be  citizens  of  the  United  States.  ze"8-   Q  1HRR 

Apr.  y,  looo,  s. 
1,  v.  14,  p.  27. 

Hereafter  no  State  court  or  court  of  the  United  States    May  e,  issa. 
shall  admit  Chinese  to  citizenship;  and  all  laws  in  conflict    Chinese  ei- 
with  this  act  are  hereby  repealed.  ceMay'6, 1882,  a. 

14,  v.  22,  p.  61.  ' 

SEC.  1993.  All  children  heretofore  born  or  hereafter  born  Title  25« 
out  of  the  limits  and  jurisdiction  of  the  United  States,  citizenship  of 
whose  fathers  were  or  may  be  at  the  time  of  their  birth  ze^o™ abroad, 
citizens  thereof,  are  declared  to  be  citizens  of  the  United  Apr.  14, 1302,3. 
States;  but  the  rights  of  citizenship  shall  not  descend  toleb.'  10,  fs'ssfs! 
children  whose  fathers  never  resided  in  the  United  States,  i,  v.  10,  p.  604. ' 


SEC.  1994.  Any  woman  who  is  now  or  may  hereafter  be 
married  to-a  citizen  of  the  United  States,  and  who  might    Feb.  10,  i855,s. 
herself  be  lawfully  naturalized,  shall  be  deemed  a  citizen. 2>  v' 10>  p>  604' 

SEC.  1996.  All  persons  who  deserted  the  military  or  naval  xe^&ia^dCfor 
service  of  the  United  States  and  did  not  return  thereto  or  desertion,  etc. 
report  themselves  to  a  provost-marshal  within  sixty  day  s  21,  vai3,:  p.  490.' 8' 
after  the  issuance  of  the  proclamation  by  the  President, 
dated  the  llth  day  of  March,  1865,  are  deemed  to  have 
voluntarily  relinquished  and  forfeited  their  rights  of  citizen- 
ship as  well  as  their  right  to  become  citizens;  and  such 
deserters  shall  be  forever  incapable  of  holding  any  office  of 


350   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

trust  or  profit  under  the  United  States,  or  of  exercising  any 
rights  of  citizens  thereof. 

certain  soi-     gEc.  1907.  No  soldier  or  sailor,  however,  who  faithfully 
Boetrtoaiucur  S  served  according  to  his  enlistment  until  the  19th  day  of 
[orMtiiresofthe^pri^  1865,  and  who,  without  proper  authority  or  leave 
July  iS* "MOT,  first  obtained,  quit  his  command  or  refused  to  serve  after 
ch.  28,  v.  15,  p.  14.  tkat  da^  shall  be  held  to  be  a  deserter  from  the  Army  or 
Navy ;  but  this  section  shall  be  construed  solely  as  a  re- 
moval of  any  disability  such  soldier  or  sailor  may  have 
incurred,  under  the  preceding  section,  by  the  loss  of  citi- 
zenship and  of  the  right  to  hold  office,  in  consequence  of 
his  desertion. 

M*r.  a,  1875.        it  shall  be  unlawful  for  aliens  of  the  following  classes  to 

immigration  of  immigrate  into  the  United  States,  namely,  persons  who  are 

^tr^torbidden.8'  undergoing  a  sentence  for  conviction  in  their  own  country 

ch^Ho's^s  v8i8'  °f  fel°ni°us  crimes  other  than  political  or  growing  out  of 

p.476.'8'         '  the  result  of  such  political  offences,  or  whose  sentence  has 

See  note  i.      been  remitted  on  condition  of  their  emigration,  and  women 

a  imported  for  the  purposes  of  prostitution."    *     *     * 
May  5, 1892.        That  all  laws  now  in  force  prohibiting  and  regulating  the 

27  stat.  L.,  25.  coming  into  this  country  of  Chinese  persons  and  persons 
immigration  of  Chinese  descent  are  hereby  continued  in  force  for  a 

j^w»  extended  for  period  of  ten  years  from  the  passage  of  this  act. 

See  Appendix, 
"Chinese." 

Aug.  is,  1894.      jn  eveiy  ease  where  an  alien  is  excluded  from  admission 

28  stat.  L.,  372.  into  the  United  States  under  any  law  or  treaty  now  exist- 

hereafter  made,  the  decision  of  the  appropriate  imrni- 
or  customs  officers,  if  adverse  to  the  admission  of 
551,  s.'s  (siipp.'  such  alien,  shall  be  final,  unless  reversed  on  appeal  to  the 
Ri893?Mar.3,c],.  Secretary  of  the  Treasury. 

206,   8.'  5,  p.  118; 
142  U.S., 651. 

increased™  °ney  Bureau  of  Immigration :  The  head  money  from  alien 
1882  Aug.  3,  passengers  on  and  after  the  first  day  of  October  next,  col- 

supp.  E.  s.,  37o )  lected  under  the  Act  of  August  third,  eighteen  hundred 
and  eighty- two,  to  regulate  immigration,  shall  be  one  dollar 
in  lieu  of  the  fifty  cents  as  provided  in  said  Act; 

re^Tpfs  tpabe     And  sucn  head  money  and  all  other  receipts  which  shall 

Trcasurd  int°  ^?  collected  on  and  after  July  first,  eighteen  hundred  and 
ninety-five,  in  connection  with  immigration  shall  be  cov- 
ered into  the  Treasury ;  *  *  *  . 

Note  1.— The  first  and  second  sections  of  the  act  of  May  6,  1882,  chap.  12G,  vol.  22 
p.  58,  suspended  the  immigration  of  Chinese  laborers  to  the  United  States,  after 
ninety  days  from  the  passage  of  the  act,  for  ten  years,  and  provided  that  the  master 
of  any  vessel  who  should  knowingly  bring  within  the  United  States,  and  land  or 
permit  to  be  landed  any  Chinese  laborer  from  any  foreign  port  or  place,  should  be 
deemed  guilty  of  a  misdemeanor  and,  on  conviction  thereof,  ho  punished  by  a  lint  <•»' 
not  more  than  rive  hundred  dollars  for  each  and  every  such  Chinese  laborer  so  brought, 
ami  also  might  be  imprisoned  for  a  term  not  exceeding  one  year.  The  words  '-Chi- 
nese laborers  "  are  to  be  construed  to  mean  both  skilled  and  unskilled  laborers  and 
Chinese  employed  in  mining. 

A  child  bon  in  the  United  States  of  alien  parents,  who  have  never  been  natural- 
ized, is  by  the  fact  of  birth  a  native-born  citizen  of  the  United  States,  entitled  to  all 
the  rights  and  privileges  of  citizenship.  So  of  children  born  in  the  United  Slates 
of  alien  subjects  who  have  declared  their  intention  of  becoming  citizens  of  the 
United  States.  Children  born  abroad  of  aliens  (who  subsequently  emigrated  to  the 
United  States  with  their  families  and  were  naturalized  here  during  the  minority  of 
their  children)  are  citizens  of  the  United  States.  (Op.,  X.,  pp.  328,  329,  Sept.  1  ami  'J. 

An  American  citizen,  domiciled  in  a  foreign  country,  who  has  taken  an  oath  nl 
allegiance  to  the  foreign  sovereign  is  not  under  the  protection  of  the  United  States. 
(Murray  v.  The  Charming  lietsey,  2  Crauch,  S.  C.  Brightly's  Federal  Digest,  p.  41.) 


NEUTRALITY  --  ALIEN    ENEMIES,  ETC.  351 


The  commissioners  of  immigration  at  the  several  ports 
shall  be  appointed  by  the  President,  by  and  with  the  advice  how  apponted' 
and  consent  of  the  Senate,  to  hold  their  offices  for  the  term. 
of  four  years,  unless  sooner  removed,  and  until  their  suc- 
cessors are  appointed;  and  nominations  for  such  offices 
shall  be  made  to  the  Senate  by  the  President  as  soon  as 
practicable  after  the  passage  of  this  Act. 

NEUTRALITY—  ALIEN  ENEMIES,  ETC. 


Sec 

:>2rfl .  Accepting  a  foreign  commission. 

5282.  Enlisting  in  foreign  service. 

528J.  Arming  vessels  against  people  at 


Sec. 

5288.  Compelling  foreign  vessels  to  de- 

part. 

5289.  Armed  vessels  to  give  bond  on  clear- 


peace  with  the  United  States.  ance. 

5284.  Arming    vessels  to  cruise  against  i  5290.  Detention  by  collectors  of  customs, 
citizens  of  the  United  States.  5291.  Construction  of  this  Title. 


5285.  Augmenting  force  of  foreign 

sel  of  Avar. 

5286.  Military  expeditious  against  people 

at  peace  with  United  States. 

5287.  Enforcement    of  foregoing    provi- 

sions. 


Amending  sec.  5287. 

International  convention — ameliora- 

tion of  wounded,  etc. 


SEC.  5281.  Every  citizen  of  the  United  States  who,  within      Title  67- 


the  territory  or  jurisdiction  thereof,  accepts  and  exercises  .  Accepting  a 

. w  j,        .  .  IT       foreign  commis- 

a  commission  to  serve  a  foreign  prince,  state,  colony,  dis-  sum 
trict,  or  people,  in  war,  by  laud  or  by  sea,  against  any  prince, 
state,  colony,  district,  or  people,  with  whom  the  United 
States  are  at  peace,  shall  be  deemed  guilty  of  a  high  mis- 
demeanor, and  shall  be  fined  not  more  than  two  thousand 
dollars,  and  imprisoned  not  more  than  three  years.  ' 

SEC.  5282.  Every  person  who,  within  the  territory  OF 
jurisdiction  of  the  United  States,  enlists  or  enters  himself,  idem,  * 
or  hires  or  retains  another  person  to  enlist  or  enter  him- 448> 
self,  or  to  go  beyond  the  limits  or  jurisdiction  of  the  United 
States  with  intent  to  be  enlisted  or  entered  in  the  service 
of  any  foreign  prince,  state,  colony,  district,  or  people,  as 
a  soldier,  or  as  a  marine  or  seaman,  on  board  of  any  ves- 
sel of  war,  letter  of  marque,  or  privateer,  shall  be  deemed 
guilty  of  high  misdemeanor,  and  shall  be  fined  not  more 
than  one  thousand  dollars,  and  imprisoned  not  more  than 
three  years. 

SEC.  5283.  Every  person  who,  within  the  limits  of  the 
United  States,  fits  out  and  arms,  or  attempts  to  fit  out  and  pace  witu  the 
arm,  or  procures  to  be  fitted  out  and  armed,  or  knowingly 
is  concerned  in  the  furnishing,  fitting  out,  or  arming,  of 
any  vessel,  with  intent  that  such  vessel  shall  be  employed 
in  the  service  of  any  foreign  prince  or  state,  or  of  any 
colony,  district,  or  people,  to  cruise  or  commit  hostilities 
against  the  subjects,  citizens,  or  property  of  any  foreign 
prince  or  state,  or  of  any  colony,  district,  or  people,  with 
whom  the  United  States  are  at  peace,  or  who  issues  or 
delivers  a  commission  within  the  territory  or  jurisdiction 
of  the  United  States,  for  any  vessel,  to  the  intent  that  she 
may  be  so  employed,  shall  be  deemed  guilty  of  a  high  mis- 
demeanor, and  shall  be  fined  not  more  than  ten  thousand 
dollars,  and  imprisoned  not  more  than  three  years.  And 
every  such  vessel,  her  tackle,  apparel,  and  furniture, 
together  with  all  materials,  arms,  ammunition,  and  stores, 
which  may  have  been  procured  for  the  building  and  equip- 


352   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

ment  thereof,  shall  be  forfeited ;  one-half  to  the  use  of  the 

informer,  and  the  other  half  to  the  use  of  the  United  States. 

Armingvesseis     g^c.  5284.  Every  citizen  of  the  United  States  who,  with- 

cttiteiw  oftheOUt  the  limits  thereof,  fits  out  and  arms,  or  attempts  to  lit 

United  states.     ou£  au(j  arin    or  procures  to  be  fitted  out  and  armed,  or 

Idem,  s.  4.  .  . "  x.  i     •        /^          •    i  •  *•.*' 

Seenotei.  kno win gly  aid s  or  is  concerned  in  rarmsning,  fitting  oiit, 
or  arming  any  private  vessel  of  war,  or  privateer,  with 
intent  that  such  vessel  shall  be  employed  to  cruise,  or  com- 
mit hostilities,  upon  the  citizens  of  the  United  States,  or 
their  property,  or  who  takes  the  command  of,  or  enters  on 
board  of  any  such  vessel,  for  such  intent,  or  who  purchases 
any  interest  in  any  such  vessel,  with  a  view  to  share  in  the 
profits  thereof,  shall  be  deemed  guilty  of  a  high  misde- 
meanor, and  fined  not  more  than  ten  thousand  dollars,  and 
imprisoned  not  more  than  ten  years.  And  the  trial  for 
such  oflense,  if  committed  without  the  limits  of  the  United 
States,  shall  be  in  the  district  in  which  the  offender  shall 
be  apprehended  or  first  brought. 

Augmenting  SEC.  5285.  Every  person  who,  within  the  territory  or  juris- 
veTsei  of wareign  diction  of  the  United  States,  increases  or  augments,  or 
5  vP3r'2044818' 8'  Procures  to  be  increased  or  augmented,  or  knowingly  is  con- 
cerned in  increasing  or  augmenting,  the  force  of  any  ship 
of  war,  cruiser,'or  other  armed  vessel,  which,  at  the  time  of 
her  arrival  within  the  United  States,  was  a  ship  of  war,  or 
cruiser,  or  armed  vessel,  in  the  service  of  any  foreign  prince 
or  state,  or  of  any  colony,  district,  or  people,  or  belonging  to 
the  subjects  or  citizens  of  any  such  prince  or  state,  colony, 
district,  or  people,  the  same  being  at  war  with  any  foreign 
prince  or  state,  or  of  any  colony,  district,  or  people,  with 
whom  the  United  States  are  at  peace,  by  adding  to  the 
number  of  the  guns  of  such  vessel,  or  by  changing  those  on 
board  of  her  for  guns  of  a  larger  caliber,  or  by  adding 
thereto  any  equipment  solely  applicable  to  war,  shall  be 
deemed  guilty  of  a  high  misdemeanor,  and  shall  be  fined 
not  more  than  one  thousand  dollars  and  be  imprisoned  not 
more  than  one  year. 

ditSn^  aSSt     S?c<  5286'  E  verv  Person  wno>  within  the  territory  or  juris- 
people  at  peace  dictionof  theUuited  States,  begins,  or  sets  on  foot,  or  provides 
atU1116      ted  or  prepares  the  means  for,  any  military  expedition  or  enter- 
idem,  a.  6,  P.  prise,  to  be  carried  on  from  thence  against  the  territory  or 
dominions  of  any  foreign  prince  or  state,  or  of  any  colony, 
district,  or  people,  with  whom  the  United  States  are  at 
peace,  shall  be  deemed  guilty  of  a  high  misdemeanor,  and 
shall  be  fined  not  exceeding  three  thousand  dollars,  and 
imprisoned  not  more  than  three  years. 

SEC.  5287.  The  district  courts  shall  take  cognizance  of 
"  all  complaints,  by  whomsoever  instituted,  in  cases  of  cap- 
i8Idi875%8;Jcb' tures  ma(ie  withil1  tbe  waters  of  the  United  States,  or  within 
3120.  '  a  marine  league  of  the  coasts  or  shores  thereof.  In  every 

case  in  which  a  vessel  is  fitted  out  and  armed,  or  attempted 

Note  1.— Section  4090  of  the  Revised  Statutes  empowers  United  States  ministers  to 
issue  all  manner  of  writs  to  prevent  citizens  of  the  United  States  from  enlisting  in 
the  military  or  naval  service  of  a  count  rv  to  make  war  upon  any  foreign  power  with 
whom  the  United  States  are  at  peace,  or  in  the.  service  of  one  portion  of  the  people 
against  another  portion  of  the  same  people,  and  to  carry  out  this  power  lie  may  resort 
to  such  force  belonging  to  the  United  .States  as  muv  at  tho  time  ho  withiu  his  reach. 


449. 


NEUTRALITY ALIEN   ENEMIES,  ETC.  353 

to  be  fitted  out  and  armed,  or  in  which  the  force  of  any 
vessel  of  war,  cruiser,  or  other  armed  vessel  is  increased  or 
augmented,  or  in  which  any  military  expedition  or  enter- 
prise is  begun  or  set  on  foot,  contrary  to  the  provisions  and 
prohibitions  of  this  Title;  and  in  every  case  of  the  capture 
of  a  vessel  within  the  jurisdiction  or  protection  of  the  United 
States  as  before  defined;  aud-in  every  case  in  which  any 
process  issuing  out  of  any  court  of  the  United  States  is 
disobeyed  or  resisted  by  any  person  having  the  custody  of 
any  vessel  of  war,  cruiser,  or  other  armed  vessel  of  any  for- 
eign prince  or  state,  or  of  any  colony,  district,  or  people,  or 
of  any  subjects  or  citizens  of  any  foreign  prince  or  state, 
or  of  any  colony,  district,  or  people,  it  shall  be  lawful  for 
the  President,  or  such  other  person  as  he  shall  have  em- 
powered for  that  purpose,  to  employ  such  part  of  the  land 
or  naval  forces  of  the  United  States,  or  of  the  militia  thereof, 
for  the  purpose  of  taking  possession  of  and  detaining  any 
such  vessel,  with  her  prizes,  if  any,  in  order  to  the  execu- 
tion of  the  prohibitions  and  penalties  of  this  Title,  and  to 
the  restoring  of  such  prizes  in  the  cases  in  which  restoration 
shall  be  adjudged;  and  also  for  the  purpose  of  preventing 
the  carrying  on  of  any  such  expedition  or  enterprise  from  the 
territories  or  jurisdiction  of  the  United  States  against  the 
territories  or  dominions  of  any  foreign  prince  or  state,  or  of 
any  colony,  district,  or  people  with  whom  the  United  States 
are  at  peace. 

SEC.  5288.  It  shall  be  lawful  for  the  President,  or  such 
person  as  he  shall  empower  for  that  purpose,  to  employ  such  dert 
part  of  the  land  or  naval  forces  of  the  United  States,  or  of  9 ,  ^  s^0^8 
the  militia  thereof,  as  shall  be  necessary  to  compel  any  for- 
eign vessel  to  depart  the  United  States  in  all  cases  in  which, 
by  the  laws  of  nations  or  the  treaties  of  the  United  States, 
she  ought  not  to  remain  within  the  United  States. 

SEC.  5289.  The  owners  or  consignees  of  every  armed 
vessel  sailing  out  of  the  ports  of  the  United  States,  belong-  ciece 
ing  wholly  or  in  part  to  citizens  thereof,  shall,  before  Idem>8-10 
clearing  out  the  same,  give  bond  to  the  United  States, 
with  sufficient  sureties,  in  double  the  amount  of  the  value 
of  the  vessel  and  cargo  on  board,  including  her  armament, 
conditioned  that  the  vessel  shall  not  be  employed  by  such 
owners  to  cruise  or  commit  hostilities  against  the  subjects, 
citizens,  or  property  of  any  foreign  prince  or  state,  or  of 
any  colony,  district,  or  people,  with  whom  the  United 
States  are  at  peace. 

SEC.  5290.  The  several  collectors  of  the  customs  »h»H 
detain  any  vessel  manifestly  built  for  warlike  purposes,  t 
and  about  to  depart  the  United  States,  the  cargo  of  which  np 
principally  consists  of  arms  and  munitions  of  war,  when 
the  number  of  men  shipped  on  board,  or  other  circum- 
stances, render  it  probable  that  such  vessel  is  intended  to 
be  employed  by  the  owners  to  cruise  or  commit  hostilities 
upon  the  subjects,  citizens,  or  property  of  any  foreign 
prince  or  state,  or  of  any  colony,  district,  or  people  with 
whom  the  United  States  are  at  peace,  until  the  decision  of 
the  President  is  had  thereon,  or  until  the  owner  gives  such 
376 23 


354       LAWS   RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 

bond  and  security  as  is  required  of  the  owners  of  armed 
vessels  by  the  preceding  section. 

construction  of     gEc.  5291,  The  provisions  of  this  Title  shall  not  be  con- 
1  idem,e88. 2,  is,  s tr ued  to  extend  to  any  subject  or  citizen  of  any  foreign 
rob  27pi!r?v4i9:l)rince»  state»  colony,  district,  or  people  who  is  transiently 
P. 252. '          ' '  within  the  United  States,  and  enlists  or  enters  himself  on 
See  note  2.       board  of  any  vessel  of  war,  letter  of  marque,  or  privateer, 
which  at  the  time  of  its  arrival  within  the  United  States 
was  fitted  and  equipped  as  such,  or  hires  or  retains  another 
subject  or  citizen  of  the  same  foreign  prince,  state,  colony, 
district,  or  people,  who  is  transiently  within  the  United 
States,  to  enlist  or  enter  himself  to  serve  such  foreign 
prince,  state,  colony,  district,  or  people,  on  board  such  ves- 
sel of  war,  letter  of  marque,  or  privateer,  if  the  United 
States  shall  then  be  at  peace  with  such  foreign  prince, 
state,  colony,  district,  or  people.    Nor  shall  they  be  con- 
strued to  prevent  the  prosecution  or  punishment  of  treason, 
or  of  any  piracy  defined  by  the  laws  of  the  United  States. 

NoteS. — An  officer  of  the  Navy  has  no  right,  without  express  direction  from  his 
Government,  to  enter  the  territory  of  a  country  at  peace  with  the  United  States  and 
seize  property  there  claimed  by  citizens  of  the  United  States.  Application  for 
redress  should  be  made  to  the  judicial  tribunals  of  the  country.  (Cadwalader's 
State  Department  Digest,  p.  219,  cites  2  Paine,  324.) 

A  revolutionary  varty  like  a  foreign  belligerent  party,  is  supreme  over  the  country 
it  conquers,  as  far  and  as  long  as  its  arms  can  carry  and  maintain  it.  (Op.,  IX,  HO, 
Black,  May  15,  1858.) 

15y  the  la'w  of  nations  one  government  can  not  enter  upon  the  territories  of  another, 
or  claim  any  right  whatever  therein,  for  if  this  bo  done  by  force  it  is  a  usurpation, 
and  if  it  be  done  by  any  underhand  bargaining  with  individuals,  who  have  not  Hie 
explicit  consent  of  tbeir  Government,  it  is  mean  and  unfair.  (Op.,  IX,  286,  Black, 
Mar.  14,  1859.) 

One  nation  can  not  execute  the  penal  laws  of  another,  and  consequently  a  foreign 
vessel  engaged  in  the  slave  trade  can  not  lawfully  be  captured  by  an  American 
cruiser.  The  African  slave  trade  is  not  contrary  to  the  law  of  nations.  (Cadwal- 
ader's  State  Department  Digest,  p.  217,  cites  10  Whcaton,  66.) 

The  United  States  can  not  purchase  a  grant  of  land  in,  or  concession  of  a  right  of 
way  over,  the  territories  of  another  nation  as  could  an  individual  or  private  corpora- 
tion, since  by  the  law  of  nations  one  Government  can  not  enter  upon  the  territory  of 
another,  or  claim  any  right  whatever  therein.  (Cadwalader's  Digest,  p.  218,  cites 
Op.,  IX,  286.) 

The  right  of  search  does  not  exist  in  time  of  peace.  A  cruiser  of  one  nation  has 
the  right  to  know  the  national  character  of  any  strange  ship  she  may  meet  at  sea, 
but  the  right  is  not  a  perfect  one.  The  right  of  inquiry  has  well-defined  limitations : 
1.  Inquiring  ship  must  put  up  his  own  colors,  or  in  some  way  make  himself  fullv 
known,  before  ho  can  lawfully  demand  such  knowledge  from  the  other  vessel.  2.  If 
refused,  may  fire  blank  shot  or  cartridge.  3.  If  still  refused,  a  shotted  gun  may  be, 
tired  across  bows  by  way  of  positive  summons.  4.  Any  further  measure  must  beat 
the  peril  of  the  inquiring  vessel.  If  stranger  is  arrested,  injured,  or  captured,  and 
proves  not  a  pirate,  but  nas  a  lawful  right  to  navigate  the  seas,  the  injury  must  be 
atoned  for.  The  right  of  a  public  ship  to  hail  or  speak  a  stranger,  i.s  in  all  respects 
analogous  thereto,  and  must  be  exercised  within  the  same  limits.  5.  The  answer  by- 
words or  by  hoisting  flag  must  be  taken  as  true.  Can  not  be  stopped,  visited,  or 
searched.  0.  The  right  of  inquiry  can  bo  exercised  only  on  the  high  seas.  No  naval 
officer  has  a  right  to  go  into  the  harbor  of  a  nation  with  which  his  Government  is  at 
peace,  to  inquire  into  the  nationality  of  a  vessel  lying  there.  (Op.,  IX,  p.  450,  I'.hn-k, 
July  28, 1860.  Case  of  the  General  Miramon.) 

Ships  of  war  enjoy  the  full  rights  of  exterritoriality  in  foreign  ports  and  territo- 
rial waters.  Merchant  ships  are  a  part  of  the  territory  of  their  country,  and  are  so 
treated  on  the  high  si-as,  and  partially,  but  not  wholly  SO,  while  in  territorial  waters 
Ox  a  foreign  country,  (/'rimes  committed  on  board  ship  on  the  high  seas,  are  triable 
in  the  country  to  which  she  belongs.  In  port  the  local  authority  has  jurisdiction  of 
acts  committed  on  board  of  a  foreign  merchant  ship,  provided  those  acts  affect  the 
peace  of  the  port,  but  not  otherwise;  and  its  jurisdiction  does  not  extend  to  acts 
internal  to  the  ship  or  transpiring  on  the  high  seas.  The  authority  of  the  ship's 
country,  m  these  cases,  is  not  taken  away  by  the  fact  that  the  actors  are  foreigners 
provided  they  be  of  the  crew  or  passengers  of  the  ship.  The  local  authority  has 
right  to  enter  on  board  a  foreign  merchantman  in  port  for  the  purpose  of  inquiry 
universally— but  for  the  purposoof  arrest  only  in  matters  within  its  ascertained  juris- 
diction. (Op.  VIII,  7IJ.  dishing,  Sept.  5,  1856.) 

' '  Neutrals  may  lawful  ly  sell  at  homo  to  a  belligerent  purchaser,  or  carry  themselves 
to  the  belligerent  powers  contraband  articles  subject  to  the  right  of  seizure  in 
trantitu.  The  right  of  the  neutral  to  transport,  and  of  the  hostile  power  to  seize,  are 
conflicting  rights,  and  neither  party  can  charge  the  other  with  criminal  act."  (1 
Kent's  Cora.,  p.  142.)  "There  is  nothing  in  our  laws,  or  in  the  law  of  nations,  that 
forbid  our  citizens  from  sending  armed  vessels  as  well  as  munitions  of  war  to  foreign 
ports  for  sale.  It  is  a  commercial  venture  which  no  nation  is  bound  to  prohibit,  and 
which  only  exposes  the  persons  engaged  in  it  to  the  penalty  of  confiscation."  (7 
Wheaton,  340.)  Cited  in  Op.,  XI,  p  408,  Dec.  23, 1865,  Speed. 


INTERNATIONAL    CONVENTION  -  WOUNDED,  ETC.  355 

INTERNATIONAL   CONVENTION—  AMELIORATION  OF 
WOUNDED,  ETC. 

Convention  between  the  United  States,  Baden,  Switzerland, 
Belgium,  Denmark,  Spain,  France,  Hesse,  Italy,  Nether- 
lands, Portugal,  Prussia,  Wiirtemberg,  Sweden,  Greece, 
Great  Britain,  Mecklenberg-Schwerin,  Turkey,  Bavaria, 
Austria,  Persia,  Salvador,  Montenegro,  Servia,  Bolivia, 
Chili,  Argentine  llepublic,  and  Peru;  with  additional 
articles;  for  the  amelioration  of  the  wounded  in  armies  in 
tjie  field;  concluded  August  22,  1804;  acceded  by  the 
President  March  1,  1882;  accession  concurred  in  by  the 
Senate  March  16,  1882;  proclaimed  as  to  the  original 
convention,  but  with  reserve  as  to  the  additional  articles, 
July  20,  1882. 
ARTICLE  I.  Ambulances  and  military  hospitals  shall  be  Hospitals  a.nd 

acknowledged  to  be  neuter,  and,  as  such,  shall  be  protected  S  orTouVded! 

and  respected  by  belligerents  so  long  as  any  sick  or  wouuded  etc- 

may  be  therein. 

Such  neutrality  shall  cease  if  the  ambulances  or  hospitals    Exception. 

should  be  held  by  a  military  force. 
ART.  2.  Persons  employed  in  hospitals  and  ambulances,    Employees, 

comprising  the  staff  for  superintendence,  medical  service,  neutSiT** 

administration,  transport  of  wounded,  as  well  as  chaplains, 

shall  participate  in  the  benefit  of  neutrality,  whilst  so  em- 

ployed, and  so  long  as  there  remain  any  wounded  to  bring- 

in  or  to  succor. 
ART.  III.  The  persons  designated  in  the  preceding  article    Employees, 

,,,  ,.         ,  °   ,,  ,.          C\       s,   ,  j±i  etc.  .protected  by 

m;iy,  even  after  occupation  by  the  enemy,  continue  to  fulfil  occupyingtbrces. 
their  duties  in  the  hospital  or  ambulance  which  they  serve, 
or  may  withdraw  in  order  to  rejoin  the  corps  to  which  they 
belong. 

Under  such  circumstances,  when  these  persons  shall 
cease  from  their  functions,  they  shall  be  delivered  by  the 
occupying  army  to  the  outposts  of  the  enemy. 

ART.  IV.  As  the  equipment  of  military  hospitals  remains    Employees  i  n 
subject  to  the  laws  of  war,  persons  attached  to  such  hospi-  aw^'p  r  iVa  te 
tals  cannot,  in  withdrawing,  carry  away  any  articles  but  property  only. 
such  as  are  their  private  property. 

Under  the  same  circumstances,  an  ambulance  shall,  on 
the  contrary,  retain  its  equipment. 

ART.  V.  Inhabitants  of  the  country  who  may  bring  help  .  Persons 
to  the  wounded  shall  be  respected,  and  shall  remain  free. 
The  generals  of  the  belligerent  Powers  shall  make  it  their 
care  to  inform  the  inhabitants  of  the  appeal  addressed  to 
their  humanity,  and  of  the  neutrality  which  will  be  the 
con  sequence  of  it. 

Any  wounded  man  entertained  and  taken  care  of  in  a  j  Houses  where 
house  shall  be  considered  as  a  protection  thereto.  Any  cared  °for  to  &be 
inhabitant  who  shall  have  entertained  wounded  men  in 
house  shall  be  exempted  from  the  quartering  of  troops,  as  care  o 
well  as  from  a  part  of  the  contributions  of  war  which  may 
be  imposed. 

ART.  VI.  Wounded  or  sick  soldiers  shall  be  entertained 


and  taken  care  of,  to  whatever  nation  they  may  belong.      cared  for. 


356       LAWS   RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

Delivery  of  Commanders-iii-cliief  shall  have  the  power  to  deliver 
immediately  to  the  outposts  of  the  enemy  soldiers  who 
have  been  wounded  in  an  engagement,  when  circumstances 
permit  this  to  be  done,  and  with  the  consent  of  both 
parties. 

Soldiers  inca-  Those  who  arc  recognized  after  their  wounds  are  healed, 
?erviceato  bf  sent  as  incapable  of  serving,  shall  be  sent  back  to  their  country. 

°conditions  of  The  others  may  also  be  sent  back,  on  condition  of  not 
return.  again  bearing  arms  during  the  continuance  of  the  war. 

Evacuations,  Evacuations,  together  with  the  persons  under  whose 
etc.,  to  have  ab-  directions  they  take  place,  shall  be  protected  by  an  absolute 

solutouciiiTfliiiy.  _, 

neutrality. 
Hospital,  am-     ART.  VII.  A  distinctive  and  uniform  flag  shall  be  adopted 

balance,     and  „        ,  .,    ,  1-1  i  j»  -ri 

evacuation  flag,  for  hospitals,  ambulances,  and  evacuations.     It  must,  on 

etinn  badge      ^very  occasion,  be  accompanied  by  the  national  flag.    An 

arm-badge  (brassard)  shall  also  be  allowed  for  individuals 

neutralized,  but  the  delivery  thereof  shall  be  left  to  military 

authority. 

Flag  and  arm-     The  flag  aiid  the  arm-badge  shall  bear  a  red  cross  on  a 

Sr.6""6"  white  ground. 
Execution  of     ART.  V11I.  The  details  of  execution  of  the  present  con- 

vention. °f  con'vention  shall  be  regulated  by  the  commanders-  in-chief  of 
belligerent  armies,  according  to  the  instructions  of  their 
respective  Governments,  and  in  conformity  with  the  gen- 
eral principles  laid  down  in  this  convention. 

ADDITIONAL  ARTICLES. 

Right*  of  em-     ARTICLE  I.  The  persons  designated  in  Article  II  of  the 

Lspitaiseor'kmn9oliveu^011  sna^?  after  the  occupation  by  the  enemy,  con- 

buiances.          tinue  to  fulfil  their  duties,  according  to  their  wants,  to  the 

sick  and  wounded  in  the  ambulance  or  the  hospital  which 

they  serve.    When  they  request  to  withdraw,  the  com- 

mander of  the  occupying  troops  shall  fix  the  time  of  depar- 

ture, which  he  shall  only  be  allowed  to  delay  for  a  short 

time  in  case  of  military  necessity. 

tra\aiaetc°f  *eu-  ART.  II.  Arrangements  will  have  to  be  made  by  the 
iFn  "e  n^'nTy  ^"  belligerent  powers  to  insure  to  the  neutralized  person, 
hands.  fallen  into  the  hands  of  the  army  of  the  enemy,  the  entire 

enjoyment  of  his  salary. 

AKT<  ^'  Under  the  conditions  provided  for  in  Articles 
I  and  IV  of  the  Convention,  the  name  "  ambulance  "  applies 
to  field  hospitals  and  other  temporary  establishments,  which 
follow  the  troops  on  the  field  of  battle  to  receive  the  sick 
and  wounded. 


o      ART*  IV*  .In  conformity  with  the  spirit  of  Article  V  of 
troops,  and  con-  the  Convention,  and  to  the  reservations  contained  in  the 
>ns,etc.    protocol  of  1864,  it  is  explained  that  for  the  appointment 
of  the  charges  relative  to  the  quartering  of  troops,  and  of 
the  contributions  of  war,  account  only  shall  be  taken  in  an 
equitable  manner  of  the  charitable  zeal  displayed  by  the 
inhabitants. 

reSeddtothebi?  A?T>  V<  Iu  additi°n  to  Article  VI  of  the  Convention,  it 
country  on  con-  is  stipulated  that,  with  the  reservation  of  officers  whose 
aV'aVn0be0afrin°gdetention  mi^h.t  be  important  to  the  fate  of  arms  and 
arms  in  the  war.  within  the  limits  fixed  by  the  second  paragraph  of  that 


INTERNATIONAL  CONVENTION WOUNDED,  ETC.      357 

article,  the  wounded  fallen  into  the  hands  of  the  enemy 
shall  be  sent  back  to  their  country,  after  they  are  cured, 
or  sooner  if  possible,  on  condition,  nevertheless,  of  not 
again  bearing  arms  during  the  continuance  of  the  war. 

Articles  concerning  the  Marine. 

ART.  VI.  The  boats  which,  at  their  own  risk  and  peril,  u  B°a ^se  v^w 
during  and  after  an  engagement  pick  up  the  shipwrecked  wpre  eke8  d  ^r 
or  wounded,  or   which  having  picked  them  up,  convey  wounded'etc< 
them  on  board  a  neutral  or  hospital  ship,  shall  enjoy,  until 
the  accomplishment  of  their  mission,  the  character  of  neu- 
trality, as  far  as  the  circumstances  of  the  engagement  and 
the  position  of  the  ships  engaged  will  permit. 

The  appreciation  of  these  circumstances  is  intrusted  to 
the  humanity  of  all  the  combatants.  The  wrecked  and 
wounded  thus  picked  and  saved  must  not  serve  again 
during  the  continuance  of  the  war. 

ART.  VII.  The  religious,  medical,  and  hospital  staff  of 
any  captured  vessel  are  declared  neutral,  and,  on  leaving 
the  ship,  may  remove  the  articles  and  surgical  instruments  Declared  neutra/ 
which  are  their  private  property. 

ART.  VIII.  The  staff  designated  in  the  preceding  arti-    Duties  of  staff 
cle  must  continue  to  fulfill  their  functions  in  the  cftptured  officers-etc- 
ship,  assisting  in  the  removal  of  the  wounded  made  by  the 
victorious  party  ;  they  will  then  be  at  liberty  to  return  to 
their  country,  in  conformity  with  the  second  paragraph  of 
the  first  additional  article. 

The  stipulations  of  the  second  additional  article  are  an^jy * ^a^low" 
applicable  to  the  pay  and  allowance  of  the  staff. 

ART.  IX.  The  military  hospital  ships  remain  under  mar-   .captured  hos- 

,.,,.,,.,  J  -11  ji       pital  ships  to  re- 

tial  law  in  all  that  concerns  their  stores  ;  they  become  the  mam  under  mar- 
property  of  the  captor,  but  the  latter  must  not  divert tial  law'  etc- 
them  from  their  special  appropriation  during  the  continu- 
ance of  the  war. 

*[The  vessels  not  equipped  for  fighting,  which,  during 
peace,  the  government  shall  have  officially  declared  to  be  in- 
tended to  serve  as  floating  hospital  ships,  shall,  however,  enjoy 
during  the  war  complete  neutrality,  both  as  regards  stores, 
and  also  as  regards  their  staff,  provided  their  equipment  is 
exclusively  appropriate  to  the  special  service  on  ivhich  they 
are  employed.] 

ART.  X.  Any  merchantman,. to  whatever  nation  she  may    Merchant  yes- 

J ,  ,  '     .,,  „       .    ,  J,  sels    performing 

belong,  charged  exclusively  with  removal  of  sick  and  hospital  duty  tf> 
wounded,  is  protected  by  neutrality,  but  the  mere  fact,  Jeutrraiaetc?  as 
noted  on  the  ship's  books,  of  the  vessel  having  been  visited 

*In  the  published  English  text,  from  which  this  version  of  the 
Additional  Articles  is  taken,  the  paragraph  thns  marked  in  brackets 
appears  in  continuation  of  Article  IX.  It  is  not,  however,  found  in 
the  original  French  text  adopted  bv  the  Geneva  Conference,  October 
20,  1868. 

By  an  instruction  sent  to  the  United  States  minister  at  Berne,  Jan- 
uary 20,  1883,  the  right  is  reserved  to  omit  this  paragraph  from  the 
English  text,  and  to  make  any  other  necessary  corrections,  if  at  any 
time  hereafter  the  Additional  Articles  shall  be  completed  by  the 
exchange  of  the  ratiiications  hereof  between  the  several  signatory 
and  adhering  powers. 


358   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

by  an  enemy's  cruiser,  renders  the  sick  and  wounded  inca- 
pable of  serving  during  the  continuance  of  the  war.  The 
cruiser  shall  even  have  the  right  of  putting  on  board  an 
officer  in  order  to  accompany  the  convoy,  and  thus  verify 
the  good  faith  of  the  operation. 

Cargo  of  mer-     if  the  merchant  ship  also  carries  a  cargo,  her  neutrality 

tested;  when0;  will  still  protect  it,  provided  that  such  cargo  is  not  of  a 

proviso.  nature  to  be  confiscated  by  the  belligerents. 

erSJf8bt°fbellig      ^ue  belligerents  retain  the  right  to  interdict  neutralized 

vessels  from  all  communication,  and  from  any  course  which 

they  may  deem  prejudicial  to  the  secrecy  of  their  opera- 

tions.    In  urgent  Qases  special  conventions  may  be  entered 

into  between  commanders-in-chief,  in  order  to  neutralize 

temporarily  and  in  a  special  manner  the  vessels  intended 

for  the  removal  of  the  sick  and  wounded. 

Wounded  or  ART.  XL  Wounded  or  sick  sailors  and  soldiers,  when 
Sdie8™,10wha?Sembarked?  to  whatever  nation  they  may  belong,  shall  be 
embarked,  etc.  protected  and  taken  care  of  by  their  captors. 

Return  to  na-     Their  return  to  their  own  country  is  subject  to  the  pro- 
tive  country.      visious  of  Article  VI  of  the  Convention,  and  of  the  addi- 
tional Article  V. 


redhcros8geteh     ABT*  XII>  The  distinctive  flag  to  be  used  with  the  na- 

med b?8  vessels  tional  flag,  in  order  to  indicate  any  vessel  or  boat  which 

claiming  neutral-  may  c]ajm  the  benefits  of  neutrality,  in  virtue  of  the  prin- 

ciples of  this  Convention,  is  a  white  flag  with  a  red  cross. 

The  belligerents  may  exercise  in  this  respect  any  mode  of 

verification  which  they  may  deem  necessary. 

itaisitarainted  Military  hospital  ships  shall  be  distinguished  by  being 
white,  e?c.in1  M  painted  white  outside,  with  green  strake. 

Hospital  ships.  ART.  XIII.  The  hospital  ships  which  are  equipped  at  the 
i^e'1  treated1**  a*«  expeiiseof  the  aid  societies,  recognized  by  the  governments 
neutral.  signing  this  Convention,  and  which  are  furnished  with  a 

commission  emanating  from  the  sovereign,  who  shall  have 
given  express  authority  for  their  being  fitted  out,  and  with 
a  certificate  from  the  proper  naval  authority  that  they  have 
been  placed  under  his  control  during  their  fitting  out  and 
on  their  final  departure,  and  that  they  were  then  appro- 
priated solely  to  the  purpose  of  their  mission,  shall  be  con- 
sidered neutral,  as  well  as  the  whole  of  their  staff.  They 
shall  be  recognized  and  protected  by  the  belligerents. 
Flag  sijrn,  etc.,  They  shall  make  themselves  known  by  hoisting,  together 
with  their  national  flag,  the  white  flag  with  a  red  cross. 
The  distinctive  mark  of  their  staff,  while  performing  their 
duties,  shall  be  an  armlet  of  the  same  colors.  The  outer 
painting  of  these  hospital  ships  shall  be  white  with  red 
strake. 

ancedto^?oSnded     Tuese  snipa  shall  bear  aid  and  assistance  to  the  wounded 
and  wrecked  bei-  and  wrecked  belligerents,  without  distinction  of  nationality. 

rafc<fetfaMtta%     They  must  take  care  not  to  interfere  in  any  way  with  the 
nationality.        movements  of  the  combatants.    During  and  after  the  bat- 

tle they  must  do  their  duty  at  their  own  risk  and  peril. 
liSnts  tof  cbon"     ^be  belligerents  shall  have  the  right  of  controlling  and 
troi  ami  visit  ve"-  visiting  them  ;  they  will  be  at  liberty  to  refuse  their  assist- 
ance, to  order  them  to  depart,  and  to  detain  them  if  the 
exigencies  of  the  case  require  such  a  step. 


INTERNATIONAL    CONVENTION  -  ALIEN   ENEMIES,  ETC.        359 


The  wounded  and  wrecked  picked  up  by  these  ships  can- 
not  be  reclaimed  by  either  of  the  combatants,  and  they  up,  etc.,  can  not 
will  be  required  not  to  serve  during  the  continuance  of  the  be  reclaimed- 
war. 

ART.  XI  Y.  In  naval  wars  any  strong  presumption  that  orSll^u^pemi 
either  belligerent  takes  advantage  of  the  benefits  of  neu-  Convention,  etc. 
trality,  with  any  other  view  than  the  interest  of  the  sick 
and  wounded,  gives  to  the  other  belligerent,  until  proof  to 
the  contrary,  the  right  of  suspending  the  Convention,  as 
regards  such  belligerent. 

Should  this  presumption  become  a  certainty,  notice  may^^6^  Con- 
be  given  to  such  belligerent  that  the  Convention  is  sus-  vention,  etc.,  to 
peucled  with  regard  to  him  during  the  whole  continuancebeglveni 
of  the  war. 

ALIEN   ENEMIES. 


Sec. 

4067.  Removal  of  alien  enemies. 

4068.  Time  for  removal. 

4069.  Jurisdiction  of  United  States  courts 

over  alien  enemies. 


4070.  Duties  of  marshals   in    removing 
alien  enemies. 


SEC.  4067.  Whenever  there  is  a  declared  war  between      Title  47. 


the  United  States  and  any  foreign  nation  or  government,  Removal  of 
or  any  invasion  or  predatory  incursion  is  perpetrated,  at-  ^ju^^l;  8> 
tempted,  or  threatened  against  the  territory  of  the  United  i,  v.  i,  p.  577. 
States,  by  any  foreign  nation  or  government,  and  the  Presi- 
dent makes  public  proclamation  of  the  event,  all  natives, 
citizens,  denizens,  or  subjects  of  the  hostile  nation  or  gov- 
ernment, being  males  of  the  age  of  fourteen  years  and 
upward,  who  shall  be  within  the  United  States,  and  not 
actually  naturalized,  shall  be  liable  to  be  apprehended, 
restrained,  secured,  and  removed,  as  alien  enemies.  The 
President  is  authorized  in  any  such  event,  by  his  proclama- 
tion thereof,  or  other  public  act,  to  direct  the  conduct  to  be 
observed,  on  the  part  of  the  United  States,  toward  the 
aliens  who  become  so  liable;  the  manner  and  degree  of  the 
restraint  to  \vhich  they  shall  be  subject,  and  in  what  cases, 
and  upon  what  security  their  residence  shall  be  permitted, 
and  to  provide  for  the  removal  of  those  who,  not  being  per- 
mitted to  reside  within  the  United  States,  refuse  or  neglect 
to  depart  therefrom ;  and  to  establish  any  other  regulations 
which  are  found  necessary  in  the  premises  and  for  the  public 
safety. 

SEC.  4068.  When  an   alien  who  becomes   liable  as  an    Time  for  re 
enemy,  in  the  manner  prescribed  in  tne  preceding  section,"1?^;.  July  6i 
is  not  chargeable  with  actual  hostility,  or  other  crime  against  lsl*fh- 130> v- 2' 
the  public  safety,  he  shall  be  allowed,  for  the  recovery,  dis- p< 
posal,  and  removal  of  his  goods  and  effects,  and  for  his 
departure,  the  full  time  which  is  or  shall  be  stipulated  by 
any  treaty  then  in  force  between  the  United  States  and  the 
hostile  nation  or  government  of  which  he  is  a  native  citi- 
zen, denizen,  or  subject;  and  where  no  such  treaty  exists, 
or  is  in  force,  the  President  may  ascertain  and  declare  such 
reasonable  time  as  maybe  consistent  with  the  public  safety, 
and  according  to  the  dictates  of  humanity  and  national 
hospitality. 


360       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 


Un5?ddsctiate°8  ^EC<  ^69.  After  any  such  proclamation  lias  been  made, 
court  over*  lien  the  several  courts  of  the  United  States,  having  criminal 
eijiTiiee'  1798  s  jurisdiction,  and  the  several  justices  and  judges  of  the 
2,  v.i,  P.  577.  '  '  courts  of  the  United  States,  are  authorized,  and  it  shall  be 
their  duty,  upon  complaint  against  any  alien  enemy  resi- 
dent and  at  large  within  such  jurisdiction  or  district,  to 
the  danger  of  the  public  peace  or  safety,  and  contrary  to 
the  tenor  or  intent  of  such  proclamation,  or  other  regula- 
tions which  the  President  may  have  established,  to  cause 
such  alien  to  be  duly  apprehended  and  conveyed  before 
such  court,  judge,  or  justice;  and  after  a  full  examination 
and  hearing  on  such  complaint,  and  sufficient  cause  appear- 
ing, to  order  such  alien  to  be  removed  out  of  the  territory 
of  the  United  States,  or  to  give  sureties  for  his  good 
behavior,  or  to  be  otherwise  restrained,  conformably  to 
the  proclamation  or  regulations  established  as  aforesaid, 
and  to  imprison,  or  otherwise  secure  such  alien,  until  the 
order  which  may  be  so  made  shall  be  performed. 

8h?nneremo™ing     SEC.  4070.  When  an  alien  enemy  is  required  by  the  Presi- 

aiien  enemies.     dent,  or  by  order  of  any  court,  judge,  or  justice,  to  depart 

578bld<1  8>  3l  p-  and  to  be  removed,  it  shall  be  the  duty  of  the  marshal  of 

the  district  in  which  he  shall  be  apprehended  to  provide 

therefor,  and  to  execute  such  order  in  person,  or  by  his 

deputy,  or  other  discreet  person  to  be  employed  by  him,  by 

causing  a  removal  of  such  alien  out  of  the  territory  of  the 

United  States;  and  for  such  removal  the  marshal  shall 

have  the  warrant  of  the  President,  or  of  the  court,  judge, 

or  justice  ordering  the  same,  as  the  case  may  be. 

PATENTS  AND  PATENTED  ARTICLES. 

Sec.  I  Sec. 

1537.  Patent  articles  for  marine  engines.    !  Act  Mar.  3,  1883.    Patents  without 

4886.  Inventions  patentable.  i'ees  in  certain  cases. 

4887.  Patents  for  inventions  previously 

patented  abroad. 

Title  is,  chap,  e.  SEC.  1537.  No  patented  article  connected  with  marine 
Patented  arti  engines  shall  hereafter  be  purchased  or  used  in  connection 
with  marineen  with  any  steam-vessels  of  war  until  the  same  shall  have 
K  jui'  is  i86i  B  ^een  submitted  to  a  competent  board  of  naval  engineers, 
3,vUiJ,p.268.  '"'and  recommended  by  such  board,  in  writing,  for  purchase 

and  use. 

Title  eo,  chap.  i.     gBC<  4880.  Any  person  who  has  invented  or  discovered 

e/tjjf"tionspat'  any  new  and  useful  art,  machine,  manufacture  or  composi- 

enjuiye'8,  1870,  8.  tion  of  matter,  or  any  new  and  useful  improvement  thereof, 

24,  v.  i6,  p.  201.     Ilot  known  or  used  by  others  in  this  country,  and  not  pat- 

ented or  described  in  any  printed  publication  in  this  or  any 

foreign  country,  before  his  invention  or  discovery  thereof, 

and  not  in  public  use  or  on  sale  for  more  than  two  years 

prior  to  his  application,  unless  the  same  is  proved  to  have 

been  abandoned,  may,  upon  payment  of  the  fees  required 

by  law,  and  other  due  proceedings  had,  obtain  a  patent 

therefor. 

Patents  for  in-  SEC.  4887.  Ko  person  shall  be  debarred  from  receiving  a 
oTsVy  "patented  patent  for  his  invention  or  discovery,  nor  shall  any  patent 
abroad.  be  declared  invalid,  by  reason  of  its  having  been  first  pat- 


PATENTS  AND  PATENTED  ARTICLES,  ETC.        361 

ented  or  caused  to  be  patented  in  a  foreign  country,  unless  25J^ll.[68'  ^jo,  a. 

the  same  lias  been  introduced  into  public  use  in  the  United 

States  for  more  than  two  years  prior  to  the  application. 

But  every  patent  granted  for  an  invention  which  has  been 

previously  patented  in  a  foreign  country  shall  be  so  limited 

as  to  expire  at  the  same  time  with  the  foreign  patent,  or,    • 

if  there  be  more  than  one,  at  the  same  time  with  the  one 

having  the  shortest  term,  and  in  no  case  shall  it  be  in  force 

more  than  seventeen  years. 

The  Secretary  of  the  Interior  and  the  Commissioner  of  Mar,  s,  isss. 
Patents  are  authorized  to  grant  any  officer  of  the  govern-    22  stat.  L. cos. 
merit,  except  officers  and  employees  of  the  Patent  Office,  a  ou^afee8t8mWcer- 
patent  for  any  invention  of  the  classes  mentioned  in  sec-  tain  cases. 
tion  forty-eight  hundred  and  eighty  six  of  the  Revised  22^pai62\1883'  v' 
Statutes,  when  such  invention  is  used  or  to  be  used  in  the    see  note  i. 
public  service,  without  the  payment  of  any  fee:  Provided, 
That  the  applicant  in  his  application  shall  state  that  the 
invention  described  therein,  if  patented,  may  be  used  by 
the  government  or  any  of  its  officers  or  employees  in  the 
prosecution  of  work  for  the  government,  or  by  any  other 
person  in  the  United  States,  without  the  payment  to  him 
of  any  royalty  thereon,  which  stipulation  shall  be  included 
in  the  patent. 

Note  1. — Where  proposals  are  invited  for  an  article,  and  one  of  the  bidders  claims 
that  he  has  a  patent  on  it,  the  contract  should  not  be  awarded  to  any  other  unless 
satisfactory  evidence  is  furnished  that  the  other  (not  the  patentee)  has  authority 
from  the  patentee  to  manufacture  and  sell  it.  (Op.,  XV,  20,  July  23, 1875,  Pierrepout.) 

An  official  in  the  military  service  not  specially  employed  to  make  experiments 
may  devise  new  and  useful  improvements  in  arms,  tents,  and  war  material,  and  will 
be  entitled  to  the  benefits  of  his  inventions  and  to  letters  patent  therefor  equally 
with  any  other  citizen.  (C.  C.,  VII,  219;  Wallace,  12,  p.  236.) 

Where  a  contract  between  a  patentee  and  the  Government  for  the  use  of  an  inven- 
tion provides  that  it  may  be  determined  by  notice  from  the  patentee,  the  Govern- 
ment can  determine  it  only  by  discontinuing  its  vise.  (C.  C.,  IV,  p.  113.  Affirmed 
by  Supreme  Court.  See  Holt's  Digest,  p.  88  and  p.  112,  for  discussion  of  the  rights 
of  Government  employees  to  compensation  for  the  use  of  tbeir  inventions  by  the 
Government.) 

The  Secretary  of  the  ISTavy  cannot  legally  contract  with  the  patentee  for  the  pur-      19  A.  G.  O.,  p. 
chase  of  his  patent,  or  for  a  license  to  use  it,  under  an  appropriation  limited  to  the  407. 
purchase  of  material  and  the  employment  of  labor  in  the  manufacture  of  such  arti- 
cle out  of  it. 


362   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


PENSIONS. 


Sec.  Sec. 

4692.  Who  may  hare  pensions.  4716. 

4693.  Classes  enumerated.  4718. 
4094.  Limitation  in  case  ol' disability.  4719. 

4695.  Pension  for  total  disability.    *  4720. 

4696.  Kate  of   pension  shall  be  accord-      17l'4. 

ing  to  rank  held  at  time  disabil- 
ity was  contracted.  4728. 

4697.  Rate  and  commencement  of  pension 

for  permanent  and  specitic  disa- 
bilities, etc.  4729. 

4698.  Rate  and  commencement  of  pen- 

sion for  permanent  and  specific 
disabilities  subsequent  to  June  4, 
1872. 

4698*.  Commencement  of  increase  for  dis- 
abilities not  permanent  and  spe- 
cific. 

Act  Mar.  4,  1890.  Pensions,  in-  4734. 
crease  to  totally  helpless  soldiers  4735. 
and  sailors. 

4699.  Pensions  for  disability  not  other-     4736. 

wise  provided  for. 

4700.  Sick  leave,  sick  furlough,  veteran     4737. 

furlough,  line  of  duty. 

4701.  Date  when  service  terminates.  4738. 

4702.  Widows  and  minors,  when  entitled. 

4703.  Increase  pension  to  widows,  etc.          4739. 

4704.  Legitimacy  of  children.  4740. 

4705.  Widows  of  colored  and  Indian  sol-     4741. 

diers  entitled. 

4706.  Abandonment  by  widow  of  minor     4742. 

child  or  children  forfeits  pension. 

4707.  Succession  of  dependent  relatives.     4743. 

4708.  Remarriage. 

4711.  Arrears  of  pension. 

4712.  Provisions  of  former  acts  extended.     4745, 
Act  Jan.,  1879.    Commencement  of 

pensions.  4747. 

4713.  Commencement    of    ante-rebellion     4748. 

pensions. 

Act  Jnly  26, 1892.    Declarations  and 
other  papers  in  pension  claims,     4749. 
before  whom  executed. 
4715.  Two  pensions  not  allowable. 


Loyalty  requisite. 

Accrued  pension,  in  whom  vested. 

Unclaimed  pensions,  disposition  of. 

Pensions  under  special  acts. 

Both  pension  and  pay  not  allowed 
unless,  etc. 

Pension  to  officers  and  seamen  of  the 
Navy  disabled  prior  to  March  4, 
1861. 

Naval  pensions  to  widows  and  chil- 
dren. 

Act  Mar.  3,  1877.  Pensions  to  en- 
gineers in  Navy  to  bo  according 
to  relative  rank. 

Act  Mar.  3. 1877.  Rates  fixed  by  law 
for  total  disability,  Navy  and 
Marine  Corps. 

Pensions  are  not  to  be  withheld. 

Time  for  which  a  widow  shall  not  re- 
ceive a  pension. 

Pensions  to  certain  soldiers  and  Bail- 
ors of  the  war  of  1812. 

Rate  of  pension  to  soldiers  and  sail- 
ors of  the  war  of  1812. 

Pensions  to  surviving  widows  of 
officers,  etc.,  of  the  war  of  1812. 

Proof  required. 

Loss  of  discharge  certificate. 

Pension  to  officersand  seamen  of  rev- 
enue-cutters. 

Certain  claims  for  Revolutionary 
pensions  prohibited. 

Evidence  necessary  to  enable  wid- 
ows of  Revolutionary  soldiers  to 
obtain  pensions. 

Any  pledge,  mortgage,  sale,  assign- 
ment, or  transfer  of  pension  void. 

Pension  not  liable  to  attachment. 

Commissioner  of  Pensions  shall  fur- 
nish printed  instructions  free  of 
charge. 

Certain  soldiers  and  sailors  not  to  be 
deemed  deserters. 


Title  57.          SEC.  4692.  Every  person  specified  in  the  several  classes 


who  may  have  enumerated  in  the  following  section,  who  has  been,  since 
pejui°ni4  ise'  8  the  fourth  day  of  March,  eighteen  hundred  and  sixty-one, 
i;' Mar. 3' is??  si  or  who  io  hereafter  disabled  under  the  conditions  therein 
June  ?'  i874f6vi  stated,  shall,  upon  making  due  proof  of  the  fact,  according 
is,  p.  «i;  Mar.  3,  to  such  forms  and  regulations  as  are  or  may  be  provided  in 
>3<  pursuance  of  law,  be  placed  on  the  list  of  in  valid  pensioners 
of  the  United  States,  and  be  entitled  to  receive,  for  a  total 
disability,  or  a  permanent  specific  disability,  such  pension 
as  is  hereinafter  provided  in  such  cases;  and  for  an  inferior 
disability,  except  in  cases  of  permanent  specific  disability, 
for  which  the  rate  of  pension  is  expressly  provided,  an 
amount  proportionate  to  that  provided  for  total  disability; 
and  such  pension  shall  commence  as  hereinafter  provided, 
and  continue  during  the  existence  of  the  disability. 
nu"     SEC'  46^3'  The  persons  entitled  as  beneficiaries  under  the 

preceding  section  are  as  follows: 
inv n'md8  'NBV*'     ^T^  Any  officer  of  the  Army,  includingregulars,  volun- 
audeniYstedmln';  tecrs,  and  militia,  or  any  officer  in  the  Navy  or  Marine  Corps, 
pl 58619  A' G> °p" or  aiiy  enlisted  man,  however  employed,  in  the  military  or 
Mar.  3. 1873,  s.  naval  service  of  the  United  States,  or  in  its  Marine  Corps, 
i^juiy  H,  1862,  w]ictlier  regularly  mustered  or  not,  disabled  by  reason  of 
whether  regn- any  wound  or  injury  received,  or  disease  contracted,  while 
St.7™          or  ill  the  service  of  the  United  States  and  in  the  line  of  duty. 


PENSION    LAWS NAVY,  MARINE    CORPS.  363 

Second.  Aiiy  master  serving  on  a  gnu-boat,  or  any  pilot,  ge^fu8 * °*'  ^Jj- 
engineer,  sailor,  or  other  person  not  regularly  mustered,  boat!"fc.°u 
serving  upon   any  gun-boat  or  war- vessel  of  the  United  njn^fa^  g86^' 
States,  disabled  by  any  wound  or  injury  received,  or  other-  s.i;  juiyu.ise^ 
wise  incapacitated  while  in  the  line  of  duty,  for  procuring8'10' 
his  subsistence  by  manual  labor. 

Third.  Any  person  not  an  enlisted  soldier  in  the  Army,  ^volunteers, not 
serving  for  the  time  being  as  a  member  of  the  militia  of  *  j^iy,  iSal  res. 
any  State,  under  orders  of  an  officer  of  the  United  States,  J6]  ^a^73;  lj^[ 
or  who  volunteered  for  the  time  being  to  serve  with  any  Jaiy4',  i&Sj  8.9) 
regularly  organized  military  or  naval  force  of  the  United  f^M^r.  arises 
States,  or  who  otherwise  volunteered  and  rendered  service  s.2;  Mar.ims! 
in  any  engagement  with  rebels  or  Indians,  disabled  in  con-  *;  \ \  ^f^.2^' H™] 
sequence  of  wounds  or  injury  received  in  the  line  of  duty  v.i9,P.403. ' 
in  such  temporary  service.    But  no  claim  of  a  State  mili- 
tiaman, or  non-enlisted  person,  on  account  of  disability 
from  wounds,  or  injury  received  in  battle  with  rebels  or 
Indians,  while  temporarily  rendering  service,  shall  be  valid 
unless  prosecuted  to  a  successful  issue  prior  to  the  fourth 
day  of  July,  eighteen  hundred  and  seventy-four. 

Fourth.  Any  acting  assistant  or  contract  surgeon  disa-    Acting  assiat- 
bled  by  any  wound  or  injury  received  or  disease  contracted  ant  8urgeon' etc- 
in  the  line  of  duty  while  actually  performing  the  duties  of 
assistant  surgeon  or  acting  assistant  surgeon   with   any 
military  force  in  the  field,  or  in  transitu,  or  in  hospital. 

Fifth.  Any  provost-marshal,  deputy  provost-marshal,  or    Provost-mar- 
enroll ing-officer  disabled,  by  reason  of  any  wound  or  injury,  8hal'etc- 
received  in  the  discharge  of  his  duty,  to  procure  a  subsist- 
ence by  manual  labor. 

That  the  act  entitled  "An  act  amending  the  pension  law    Aug.  i,  1892. 
so  as  to  remove  the  disability  of  those  who,  having  partic-    27  stat.  L.,  340 
ipated  in  the  rebellion,  have  since  its  termination  enlisted  189^p-  J-  s-< 
in  the  Army  of  the  United  States,  and  become  disabled,"    Pensions. ' 
approved  March  third,  eighteen  hundred  and  seventy-seven,  Mar^igV*?  §? 
be,  and  the  same  is  hereby,  amended  so  as  to  read  as  follows :  120  (i  s'upp.  R.  $.,' 

''That  the  law  prohibiting  the  payment  of  any  money  on  14see  note  L 
account  of  the  pensions  to  any  person,  or  to  the  widow,—  »>»y  be  paid 
children,  or  heirs  of  any  deceased  person  who,  in  any  man-  wb^ 
ner,  engaged  in  or  aided  or  abetted  the  late  rebellion  against  uars8  A8?m 
the  authority  of  the  United  States,  shall  not  be  construed  Navy. 
to  apply  to  such  persons  as  afterward  voluntarily  enlisted 
in  either  the  Navy  or  Army  of  the  United  States,  and  who, 
while  in  such  service,  incurred  disability  from  a  wound  or 
injury  received  or  disease  contracted  in  the  line  of  duty." 


SEC.  4694.  No  person  shall  be  entitled  to  a  pension  by 
reason  of  wounds  or  injury  received  or  disease  contracted?) 

July  27,  1868. 

Note  I.— By  R.  S.,  sec.  4716,  no  pension  is  to  be  paid  to  any  person,  or  those  claim- 
ing under  him,  "who  in  any  manner  voluntarily  engaged  in,  or  aided  or  abetted,  the 
late  rebellion  against  the  authority  of  the  United  States." 

.    The  act  of  1877,  March  3,  ch.  120  (1  Supp.  R.  S.,  147),  directed  that  this  prohibition 
United  States,  but  omitted  any  reference  to  the  Navy.    It  is  the  object  of  this  act  to 
supply  that  omission, 
should  not  apply  to  persons  who  afterwards  voluntarily  enlisted  in  the  Army  of  the 

Other  exceptions  are  made  to  the  rule  contained  in  R.  S.,  sec.  4716,  by  1878^  March 
9,  ch.  28,  sees.  5,  6  (1  Supp.  R.  S.,  154,  155),  granting  pensions  for  service  in  the  war 
of  1812;  by  1887,  January  29,  ch.  70,  sec.  5  (1  Supp.  R.  S.,  524),  granting  pensions  for 
service  in  the  Mexican  war;  and  by  1892,  July  27,  ch.  277,  sec.  6,  ante,  p.  f>5,  granting 
pensions  for  service  in  the  Indian  wars  of  18:J2-1842. 

The  Interior  Department  has  also  held  (G  Pension  Decisions,  289)  that  this  section 
has  no  application  to  claims  under  the  act  of  1890,  June  27,  ch.  C34  (1  Supp.  11.  S.,  760). 


364   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Mar.  3, 1873  s.  in  the  service  of  the  United  States  subsequent  to  the 
kjy"i!'i&,  8.2!  twenty-seventh  day  of  July,  eighteen  hundred  and  sixty- 
Denote  2.  ^    eight,  unless  the  person  who  was  wounded,  or  injured,  or 
47^,e  Pension  contracted  the  -disease  was  in  the  line  of  duty;  and,  if  in 
Funds    as  to  the  military  service,  was  at  the  time  actually  in  the  field, 
a8  or  on  the  march,  or  at  some  post,  fort,  or  garrison,  or  en 
route,  by  direction  of  competent  authority,  to  some  post, 
fort,  or  garrison;  or,  if  in  the  naval  service,  was  at  the 
time  borne  on  the  books  of  some  ship  or  other  vessel  of  the 
United  States,  at  sea  or  in  harbor,  actually  in  commission, 
or  was  at  some  naval  station,  or  on  his  way,  by  direction 
of  competent  authority,  to  the  United  States,  or  to  some 
other  vessel  or  naval  station,  or  hospital. 

SEC<  4695t  Tlie  Pensio11  *°r  total  disability  shall  be  as 
follows,  namely  i  For  lieutenant- col  on  el  and  all  officers  of 
higher  rank  in  the  military  service  and  in  the  Marine  Corps, 
'  and  for  captain,  and  all  officers  of  higher  rank,  commander, 
surgeon,  paymaster,  and  chief  engineer,  respectively  rank- 
provost  ing  with  commander  bylaw,  lieutenant  commanding  and 
25,  1866,  master  commanding,  in  the  naval  service,  thirty  dollars 
8' contract   sur  Per  mon*h;  for  major  in  the  military  service  and  in  the 
eon.  Marine  Corps,  and  lieutenant,  surgeon,  paymaster,   and 

;^l^3186i873,'chief  engineer,  respectively  ranking  with  lieutenant  by 
.  2,  v.  i?,  p.  5671.  law,  and  passed  assistant  surgeon  in  the  naval  service, 
lee 86^*4699  twenty-five  dollars  per  month;  for  captain  in  the  military 
service  and  in  the  Marine  Corps,  chaplain  in  the  Army, 
and  provost-marshal,  professor  of  mathematics,  master,  as- 
sistant surgeon,  assistant  paymaster,  and  chaplain  in  the 
naval  service,  twenty  dollars  per  month;  for  first  lieu- 
tenant in  the  military  service  and  in  the  Marine  Corps, 
acting  assistant  or  contract  surgeon,  and  deputy  provost- 
marshal,  seventeen  dollars  per  month;  for  second  lieuten- 
ant in  the  military  service  and  in  the  Marine  Corps  *  *  * 
ensign,  and  pilot  in  the  naval  service,  and  enrolling  officer, 
fifteen  dollars  per  mouth;  for  cadet  midshipman,  passed 
midshipman,  midshipmen,  clerks  of  admirals  and  pay- 
masters and  of  other  officers  commanding  vessels,  *  *  * 
master's  mate,  and  all  warrant  officers  in  the  naval  serv- 
ice, ten  dollars  per  month;  and  for  all  other  persons 
whose  rank  or  office  is  not  mentioned  in  this  section,  eight 
dollars  per  month;  and  the  masters,  pilots,  engineers,  sail- 
ors, and  crews  upon  the  gun-boats  and  war- vessels,  shall 
be  entitled  to  receive  the  pension  allowed  herein  to  those 
of  like  rank  in  the  naval  service. 

J™!_1!'_1878*      That  from  and  after  July  sixteenth,  eighteen  hundred  and 

5»stat.L.,ie«.8iX$y-two,  pensions  granted  to  lieutenant-commanders  in 

i93^i»4p'         p'  the  Navy  for  disability,  or  on  account  of  their  death,  shall 

Note  S.— As  to  rate  for  passed  assistant  engineers,  assistant  engineers,  and  cadet 
engineers^  the  Navy,  Bee  act  March  3,  1877.    As  to  rate  for  "ensigns/1  "cadet  mid- 
shipmen," "clerks  of  admirals,"  and  of  "other  officers  commanding  vessels,"  see  • 
section  2,  March  3,  1873.    For  lieutenant-commanders,  see  act  June  18,  1878. 

Note  8. — A  soldier  traveling  under  orders,  in  any  manner,  is  "on  the  march,"  and 
in  the  line  of  dnty.  (Pension  Office  Digest,  p.  158.) 

Wheo  "not  in  line  of  duty:"  while  on  furlough ;  while  on  leave  to  attend  to  pri- 
vate business;  while  violating  any  established  Army  regulation:  white  bathing, 
unless  under  orders  to  do  so;  suicide,  unless  the  result  of  insanity;  WMMtlingor 
Bcuftiing  witli  comrades;  foraging,  unless  under  orders,  even  if  granted  leave,  to  do  so; 
white  confined  in  :i  military  prison  on  charge  of  desertion;  while  undergoing  sen- 
tence of  court-martial.  (Pension  Office  Decisions,  pp.  157,  li;u.) 


PENSION    LAWS  -  NAVY,  MARINE    CORPS.  365 

be  the  same  as  theretofore  provided  for  lieutenants  com- 


commauders' 
mandlllg.  pension. 

E.  S.,  sec.  4695. 

SEC.  4606.  Every  commissioned  officer  of  the  Army,  Navy,      Title  57- 
or  Marine  Corps  shall  receive  such  and  only  such  pension    Rateof  pension 
as  is  provided  in  the  preceding  section,  for  the  rank  he  held 
at  the  time  he  received  the  injury  or  contracted  the  disease 
which  resulted  in  the  disability,  on  account  of  which  he  may    Mar3,i873,  s. 
be  entitled  to  a  pension  ;  and  any  commission  or  presiden-  juiy'^7'^  86i;. 
tial  appointment,  regularly  issued  to  such  person,  shall  be  June  e'lsee's-vl 
taken  to  determine  his  rank  from  and  after  the  date,  as  given    Seo  uote  4f 
in  the  body  of  the  commission  or  appointment  conferring  said 
rank  :  Provided,  That  a  vacancy  existed  in  the  rank  thereby 
conferred  ;  that  the  person  commissioned  was  not  disabled 
for  military  duty  5  and  that  he  did  not  willfully  neglect  or 
refuse  to  be  mustered. 

SEC.  4697.  For  the  period  commencing  July  fourth,  eight-    Rate  and  c.om; 

,          -.       -,          -i     •     .       /.  T         T         T  ,  T  •     -i      •    i   i  mencement  ot 

een  nundred  and  sixty-four,  and  ending  June  third,  eighteen  pension  for  per- 

hundred  and  seventy  -two,  those  persons  entitled  to  a  less  cific^usSmiS 

pension  than  hereinafter  mentioned,  who  shall  have  lost  subsequent  to 

both  feet  in  the  military  or  naval  service  and  in  the  line  of  pSr  V 

duty,  shall  be  entitled  to  a  pension  of  twenty  dollars  per18' 

month;  for  the  same  period  those  persons  who,  under  like  3  ; 

circumstances,  shall  have  lost  both  hands  or  the  sight  of  g'/j' 

both  eyes,  shall  be  entitled  to  a  pension  of  twenty-five  dol-s's,:  Mar.3,'i865; 

lars  per  month  ;  and  for  the  period  commencing  March  third,  s>  3> 

eighteen  hundred  and  sixty-five,  and  ending  June  third, 

eighteen  hundred  and  seventy-two,  those  persons  who  under 

like  circumstances  shall  have  lost  one  hand  and  one  foot  'For  loss  of  hand 

shall  be  entitled  to  a  pension  of  twenty  dollars  per  month  ;  act 

and  for  the  period  commencing  June  sixth,  eighteen  hun- 

dred and  sixty-six,  and  ending  June  third,  eighteen  hundred 

and  seventy-two,  those  persons  who  under  like  circum- 

stances shall  have  lost  one  hand  or  one  foot  shall  be  entitled    For  lossof  both 

to  a  pension  of  fifteen  dollars  per  month  ;  and  for  the  period  ??  both  feetey8eee 

commencing  June  sixth,  eighteen  hundred  and  sixty-six, 

and  ending  June  third,  eighteen  hundred  and  seventy-two,    ror 

those  persons  entitled  to  a  less  pension  than  hereinafter 

mentioned,  who  by  reason  of  injury  received  or  disease  con-  a, 

tracted  in  the  military  or  naval  service  of  the  United  States  8i 

and  in  the  line  of  duty  shall  have  been  permanently  and 

totally  disabled  in  both  hands,  or  who  shall  have  lost  the. 

sight  of  one  eye,  the  other  having  been  previously  lost,  or 

who  shall  have  been  otherwise  so  totally  and  permanently    sec.  12,  act  July 

disabled  as  to  render  them  utterly  helpless,  or  so  nearly  so  TAS  to'totaiand 

as  to  require  regular  personal  aid  and  attendance  of  an-  Permanent  help- 

.  -|  1111  A  •  A_I       n  •  /•     j  »  1GSSJ1C8S,       866 

other  person,  shall  be  entitled  to  a  pension  ot  twenty-  five  amendment  act 
dollars  per  month  ;  and  for  the  same  period  those  who  under 
like  circumstances  shall  have  been  totally  and  permanently 
disabled  in  both  i'eet  or  in  one  hand  and  one  foot,  or  other- 
wise so  disabled  as  to  be  incapacitated  for  the  performance 


Nate  4.— The  rank  of  soldiers  at  time  of  disability  governs  rate  of  pension.  Rank 
under  a  commission  dated  after  the  contraction  of  disability  does  not  lix  rate  not  con- 
ferred by  a  commission  unless  a  vacancv  existed  in  such  rank.  Pension  of  widow  to 
be  rated  according  to  rank  of  husband  at  the  time  he  received  the  injury  which 
resulted  in  the  fatal  disease.  (Pension  Office  Digest.) 


36G   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

of  any  manual  labor,  but  not  so  much  as  to  require  regular 
personal  aid  and  attention,  shall  be  entitled  to  a  pension  of 
twenty  dollars  per  month ;  and  for  the  same  period  all  per- 
sons who  under  like  circumstances  shall  have  been  totally 
and  permanently  disabled  in  one  hand  or  one  foot,  or  other- 
wise so  disabled  as  to  render  their  inability  to  perform 
manual  labor  equivalent  to  the  loss  of  a  hand  or  foot,  shall 
be  entitled  to  a  pension  of  fifteen  dollars  per  month, 
and  com-  SEC.  4698.  From  and  after  June  fourth,  eighteen  hundred 
ail(l  seventy-two,  all  persons  entitled  by  law  to  a  less  pen- 
lii.-ui, -nt  ami  8pe  sioii  than  hereinafter  specified,  who  while  in  the  military  or 
"n  bseq'uen^to  naval  service  of  the  United  States,  and  in  line  of  duty,  shall 

JMar'  387l'873    liaV6  1OSt  tn6  si£nt  °f  both  CVeS>  °r  SBa1.1  naV6  lost  tue  Sight 

«.4.al  '  of  one  eye,  the  sight  of  the  other  having  been  previously 

i872Ct  Jun°  8)  l°s^  or  snall  have  lost  both  hands,  or  shall  have  lost  both 
see  note  5.       feet,  or  been  permanently  and  totally  disabled  in  the  same, 
or  otherwise  so  permanently  and  totally  disabled  as  to  ren- 
der them  iitterly  helpless,  or  so  nearly  so  as  to  require  the 
AS  to  total  and  regular  personal  aid  and  attendance  of  another  person,  shall 
act be  entitled  to  a  pension  of  thirty-one  dollars  and  twenty-five 
i64i88ol  ceu^s  ^QT  U1O11^Q  ?  an(^  a^  persons  who,  under  like  circum- 
of  hand  stances,  shall  have  lost  one  hand  and  one  foot,  or  been  totally 
foot,  see  act  and  permanently  disabled  in  the  same,  or  otherwise  so  dis- 
^led  as  to  be  incapacitated  for  performing  any  manual 
labor,  but  not  so  much  as  to  require  regular  personal  aid 
and  attendance,  shall  be  entitled  to  a  pension  of  twenty - 
,      ^our  dolliirs  per  month ;  and  all  persons  who  under  like  cir- 
a<t8.junei7,i878,  cumstauces,  shall  have  lost  one  hand,  or  one  foot,  or  been 
•£"435.      totally  and  permanently  disabled  in  the  same,  or  otherwise 
so  disabled  as  to  render  their  incapacity  to  perform  manual 
.  J'«r  Jes  a.ra.p«-  labor  equivalent  to  the  loss  of  a  hand  or  foot,  shall  be  enti- 

ta  ted  at  hip  joint,  ,-,     -.   ,  .  #     .    ,  ,  ,    ,,  ",,         ^         .  -,    -, 

see  act  Mar.  3,  tied  to  a  pension  of  eighteen  dollars  per  month:  Proinded, 
That  all  persons  who,  under  like  circumstances,  have  lost  a 
Mar.  3,  1873,  leg  above  the  knee,  and  in  consequence  thereof  are  so  disa- 
bled that  they  cannot  use  artificial  limbs,  shall  be  rated  in 
the  second  class  and  receive  twenty-four  dollars  per  month 
from  and  after  June  fourth,  eighteen  hundred  and  seventy- 
Aug.  27,  less,  two;  and  all  persons  who,  under  like  circumstances,  shall 
have  lost  the  hearing  of  both  ears  shall  be  entitled  to  a  pen- 
sion of  thirteen  dollars  per  month  from  the  same  date :  Pro- 
vided, That  the  pension  for  a  disability  not  permanent, 

^Mar.  3,  1873,  equivalent  in  degree  to  any  provided  for  in  this  section, 
shall,  during  the  continuance  of  the  disability  in  such  de- 
gree, be  at  the  same  rate  as  that  herein  provided  for  a 
permanent  disability  of  like  degree. 


ejjt    .SEC.  [4G98J.]  Except  in  cases  of  permanent  specific  disa- 
Uot  bilities,  no  increase  of  pension  shall  be  allowed  to  commence 
S]M,HH.         ld  prior  to  the  date  of  the  examining  surgeon's  certificate 
Mar.  s,  1873,  s.  establishing  the  same,  made  under  the  pending  claim  for 
Apr',  ill  isoe!  s!  increase,  and  in  this,  as  well  as  all  other  cases,  the  certifi- 
ch'T298e  v8'i887p  cate  of  an  examini][18<  surgeon,  or  of  a  board  of  examining 

78.'  

3   1879  5jTi^omr6dl°8  b>  aCt8  °f  JUn6  18'  18?4  (2>:  Feh'  28'  1877;  JlllM>  1?'  1878;  MUr' 
Feb.  12,  1889.  "    '          '  '          '      U^'      '          '  &1 


PENSION    LAWS  -  NAVY,  MARINE    CORPS.  367 


surgeons,  shall  be  subject  to  the  approval  of  the  Commis- 
sioner  of  Pensions. 

That  all  soldiers,  sailors,  and  marines  who  have  since  the    Mar.  4,  isoo. 
sixteenth  day  of  June,  eighteen  hundred  and  eighty,  or  who    26stat.L.,i6. 
may  hereafter  become  so  totally  and  permanently  helpless  ^^y-^       s 
from  injuries  received  or  disease  contracted  in  the  service    Pensions, 
aud  line  of  duty  as  to  require  the  regular  personal  aid  andfJJ 
attendance  of  another  person,  or  who,  if  otherwise  entitled,  etc. 
were  excluded  from  the  provisions  of  "An  act  to  increase  4698V  8e<      °8' 
pensions  of  certain  pensioned  soldiers  and  sailors  who  are  ohjlgj  16>  1880< 
utterly  helpless  from  injuries  received  or  disease  contracted 
while  in  the  United  States  service,77  approved  June  six- 
teenth, eighteen  hundred  and  eighty,  shall  be  entitled  to 
receive  a  pension  at  the  rate  of  seventy-two  dollars  per 
month  from  the  date  of  the  passage  of  this  act  or  of  the 
certificate  of.  the  examining  surgeon  or  board  of  surgeons 
showing  such  degree  of  disability  made  subsequent  to  the 
passage  of  this  act. 

SEC.  4699.  The  rate  of  eighteen  dollars  per  month  may  Pensions  for 
be  proportionally  divided  for  any  degree  of  disability  estab-  otherwise  p^ 
lished  for  which  section  forty-six  hundred  and  ninety-  fivevidedfor- 

..  .    .  M.ar.  o,  lojo,  s. 

makes  no  provision.  5,  v.  17,  p.  560. 

SEC.  4700.  Officers  absent  on  sick-leave,  and  enlisted  men  .sick  leave, 


. 
absent  on  sick-furlough,  or  on  veteran-furlough  with  the  vet  en0  fur- 


organization  to  which  they  belong,  shall  be  regarded  inthejough,  line  of 
administration  of  the  pension  laws  in  the  same  manner  as  Uslenote6. 
ir  they  were  in  the  field  or  hospital. 


s.  8.  (On  veteran 
furlough  with  the 
organization  to 
which  they  be- 
longed. Mar.  3, 
1873,s.6.) 


SEC.  4701.  The  period  of  service  of  all  persons  entitled 
to  the  benefits  of  the  pension  laws,  or  on  account  of  whose  ^  Mar.  3,  im,&. 
death  any  person  may  become  entitled  to  a  pension,  shall  g;9Juue  6)  1866' 
be  construed  to  extend  to  the  time  of  disbanding  the  organi- 
zation to  which  such  persons  belonged,  or  until  their  actual 
discharge  for  other  cause  than  the  expiration  of  the  service 
of  such  organization. 

SEC.  4702.  *  If  any  person  embraced  within  the  provisions    wia.ows  and 

&  ,.  j?     i         •      -i          i       j  -!-.i_j_  j  j?     i.        •     minors,  when  en- 

of  sections  forty-six  hundred  and  ninety-two  and  forty-six  titled. 

hundred  and  ninety-three  has  died  since  the  fourth  day 

March,  eighteen  hundred  and  sixty-one,  or  hereafter 

by  reason  of  any  wound,  injury,  or  disease,  which,  under  J^|  s"r'  8|  1865) 

the  conditions  and  limitations  of  such  sections,  would  have*  see  act  June  7, 

entitled  him  to  an  invalid  pension  had  he  been  disabled,  1888' 

his  widow,  or  if  there  be  no  widow,  or  in  case  of  her  death, 

Note  6.  —  "Specific"  disability  is  such  as  is  specified  in  the  statutes.  Injuries 
requiring  a  medical  examination  to  ascertain  and  declare  their  nature,  and  as  to  the 
effect  of  which  there  is  room  for  a  difference  of  opinion,  are  not  specific  disabilities. 
(Op.  Atty.  Genl.  Devens,  May  17,  1878,  P.  C).  Digest,  p.  154.) 

Disability  to  be  pensionable  must  be  of  such  a  character  and  exist  to  such  a  degree 
that  it  can  be  detected  by  the  examining  surgeon  of  the  oflice.  (P.  O.  Digest,  p.  152.) 

Disability  not  connected  with  a  previous  disease  or  injury  received  in  service  is 
not  pensionable,  even  if  soldier's  health  after  discharge  rendered  him  more  liable  to 
disease.  Resulting  from  carelessness,  disregard  of  regulations,  etc.,  not  pensionable, 
nor  if  shown  by  surgeou's  certificate  to  have  existed  prior  to  enlistment.  Cause  of 
disability  must  have  been  contracted  in  the  line  of  duty  as  well  as  in  the  service. 
(Pension  Office  Digest,  pp,  152,  153.) 


368   LAWS  EELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

See  note  7.  without  payment  to  her  of  any  part  of  the  pension  herein- 
after mentioned,  his  child  or  children,  under  sixteen  years 
of  age,  shall  be  entitled  to  receive  the  same  pension  as  the 
husband  or  father  would  have  been  entitled  to  had  he  been 
totally  disabled,  to  commence  from  the  death  of  the  husband 
or  father,  to  continue  to  the  widow  during  her  widowhood, 
and  to  his  child  or  children  until  they  severally  attain  the 
age  of  sixteen  years,  and  no  longer ;  and,  if  the  widow  re- 
marry, the  child  or  children  shall  be  entitled  from  the  date 
of  remarriage. 

increased  pen-     gEC   4793    The  pensions  of  widows  shall  be  increased 

sinus  to  widows,  A  .    ,   . 

etc.  Amended  from  and  alter  the  twenty-fifth  day  ot  July,  eighteen  hun- 
iJe0*  °f  Mar' 19>  dred  and  sixty-six,  at  the  rate  of  two  dollars  per  month 
Mar.  3,^1873.^8.  for  each  child  under  the  age  of  sixteen  years  of  the  1ms- 
8.;  2?lyjuiy1827i  band  on  account  of  whose  death  the  claim  has  been,  or 
1868,  s.  4.  shall  be,  granted.  And  in  every  case  in  which  the  de- 

ceased husband  has  left,  or  shall  leave,  no  widow,  or 
where  his  widow  has  died  or  married  again,  or  where  she 
has  been  deprived  of  her  pension  under  the  provisions  of 
the  pension-law,  the  pension  granted  to  such  child  or  chil- 
dren shall  be  increased  to  the  same  amount  per  month  that 
would  be  allowed  under  the  foregoing  provisions  to  the 
widow,  if  living  and  entitled  to  a  pension :  Provided,  That 
the  additional  pension  herein  granted  to  the  widow  on 
account  of  the  child  or  children  of  the  husband  by  a  former 
wife  shall  be  paid  to  her  only  for  such  period  of  her  widow- 
hood as  she  has  been,  or  shall  be,  charged  with  the  main- 
tenance of  such  child  or  children;  for  any  period  during 
which  she  has  not  been,  or  she  shall  not  be,  so  charged,  it 
shall  be  granted  and  paid  to  the  guardian  of  such  child  or 
July  27,  1868,  children:  Provided,  further,  That  a  \vidow  or  guardian  to 
whom  increase  of  pension  has  been,  or  shall  hereafter  be, 
granted  on  account  of  minor  children  shall  not  be  deprived 
thereof  by  reason  of  their  being  maintained  in  whole  or  in 
part  at  the  expense  of  a  State  or  the  public  in  any  educa- 
tional institution,  or  in  any  institution  organized  for  the 
care  of  soldiers'  orphans. 

chnedgrenmacy  °f  SEC.  4704.  In  the  administration  of  the  pension-laws, 
i(Mar.  3, 1873,  H.  children  born  before  the  marriage  of  their  parents,  if  ac- 
knowledged by  the  father  before  or  after  the  marriage, 
shall  be  deemed  legitimate. 

SEC.  4705.  The  widows  of  colored  and  Indian  soldiers 
M>f  mar;  ^^  sa^ors  wno  bave  died,  or  shall  hereafter  die,  by  reason 
e;  legitimacy  of  wounds  or  injuries  received,  or  casualty  received,  or  clis- 
"'Mar.lTisT^s  ease  col)tracted,  in  the  military  or  naval  service  of  the 
ii;  July' 14, 1864,'  United  States,  and  in  the  line  of  duty,  shall  be  entitled  to 
IN*  L  i^june  re<^ive  the  pension  provided  by  law  without  other  evidence 
1 5, 1866,  s.  2;  as  to  ot  marriage  than  satisfactory  proof  that  the  parties  were 
3,i87ars.'ii.  ar' joined  in  marriage  by  some  ceremony  deemed  by  them 


7no        e  n  *•      Not*  7— Except  when  such  widow  lias  continued  to  draw  the  pension  money  ;ift.-r 
her  remarriage,  In  contravention  «,f  law.  tn»\   mu-h  child  or  rhil.lren  have  r'esid.-d 

e   act   ap-  with  and  been  Bnpported  l.y  h«-r,  thHr  pension  will  commence  at  the  date  to  which 
proved   June    7,  the  widow  was  last  paid. 
1888,  and  see  act 


approved  Feb.  19, 
1887.  Aug.  7, 
1882,  ch.  438.V.  22, 
p.  345. 


PENSION    LAWS  —  NAVY,  MARINE    CORPS.  369 

obligatory,  or  habitually  recognized  each  other  as  man  and 

wife,  and  were  so  recognized  by  their  neighbors,  and  lived 

together  as  such  up  to  the  date  of  enlistment,  when  such 

soldier  or  sailor  died  in  the  service,  or,  if  otherwise,  to  date 

of  death;  and  the  children  born  of  any  marriage  so  proved 

shall  be  deemed  and  held  to  be  lawful  children  of  such 

soldier  or  sailor,  but  this  section  shall  not  be  applicable  tos.n.ar'   3>  1873> 

any  claims  on  account  of  persons  who  enlist  after  the-  third 

day  of  March,  one  thousand  eight  hundred  and  seventy- 

three. 

SEC.  4700.  If  any  person  has  died,  or  shall  hereafter  die,    Abandonment 
leaving  a  widow  entitled  to  a  pension  by  reason  of  hiSnSnoTchiw 


death,  and  a  child  or  children  under  sixteen  years  of  ^ge^'Yon1  forfeits 

by  such  widow,  and  it  shall  be  duly  certified  under  seal,  by  p6Mar.n3,  i873,s. 

any  court  having  probate  jurisdiction,  that  satisfactory  J2^^"^^18^' 

evidence  has  been  produced  before  such  court,  upon  due  ises,  s.  s. 

notice  to  the  widow,  that  she  has  abandoned  the  care  of  7  ,iS82?ctof  A"g' 

such  child  or  children,  or  that  she  is  an  unsuitable  person, 

by  reason  of  immoral  conduct,  to  have  the  custody  of  the 

same,  on  presentation  of  satisfactory  evidence  thereof  to 

the  Commissioner  of  Pensions,  no  pension  shall  be  allowed 

to   such  widow  until  such  child  or  children  shall  have 

attained  the  age  of  sixteen  years,  any  provisions  of  law  to 

the  contrary  notwithstanding,  and  the  said  child  or  chil- 

dren shall  be  pensioned  in  the  same  manner,  and  from  the 

same  date,  as  if  no  widow  had  survived  such  person,  and 

such  pension  shall  be  paid  to  the  guardian  of  such  child 

or  children;  but  if  in  any  case  payment  of  pension  shall 

have  been  made  to  the  widow,  the  pension  to  the  child  or    Mar.  3,   1373, 

children  shall  commence  from  the  date  to  which  her  pen-  9  12< 

sion  has  been  paid. 

SEC.  4707.  If  any  person  embraced  within  the  provisions  deSu^essionr  °* 
of  sections  forty-six  hundred  and  ninety-two  and  forty-six  tiTeT  e 
hundred  and  ninety-three  has  died  since  the  fourth  day  of  i^j^'u^mz' 
March,  eighteeiihuudredandsixty-one,orshallhereafter  die,  ss.;  3,  ^  June  6,' 
by  reason  of  any  wound,  injury,  casualty,  or  disease,  which,  Rises'  B2i;  July 
under  the  conditions  and  limitations  of  such  sections,  would    see  'act  ap  - 
have  entitled  him  to  an  invalid  pension,  and  has  not  left  or  STd    Car>  19' 
shall  not  leave  a  widow  or  legitimate  child,  but  has  left  or 
shall  leave  other  relative  or  relatives  who  were  dependent 
upon  him  for  support  in  whole  or  in  part  at  the  date  of 
his  death,  such  relative  or  relatives  shall  be  entitled,  in  the 
following  order  or  precedence,  to  receive  the  same  pension 
as  such  person  would  have  been  entitled  to  had  he  been 
totally  disabled,  to  commence  from  the  death  of  such  person, 
namely:  First,  the  mother;  secondly,  the  father;  thirdly, 
orphan  brothers  and  sisters  under  sixteen  years  of  age,  who 
shall  be  pensioned  jointly  :  Provided,  That  where  orphan 
children  of  the  same  parent  have  different  guardians,  or 
a  portion  of  them  only  are  under  guardianship,  the  share 
of  the  joint  pension  to  which  each  ward  shall  be  entitled 
shall  be  paid  to  the  guardian  of  such  ward  :  Provided,  That 
if  in  any  case  said  person  shall  have  left  father  and  mother 
who  are  dependent  upon  him,  then,  on  the  death  of  the 
mother,  the  father  shall  become  entitled  to  the  i>eusiou, 


370       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

commencing  from  and  after  the  death  of  the  mother;  and 
upon  the  death  of  the  mother  and  father,  or  upon  the  death 
of  the  father  and  the  remarriage  of  the  mother,  the  depend- 
ent brothers  and  sisters  under  sixteen  years  of  age  shall 
jointly  become  entitled  to  such  pension  until  they  attain 
the  age  of  sixteen  years,  respectively,  commencing  from  the 
death  or  remarriage  of  the  party  who  had  the  prior  right  to 
the  pension:  Provided,  That  a  mother  shall  be  assumed 
to  have  been  dependent  upon  her  son  within  the  meaning 
of  this  section  if,  at  the  date  of  his  death,  she  had  no  other 
adequate  means  of  support  than  the  ordinary  proceeds  of 
her  own  manual  labor  and  the  contributions  of  said  son  or 
of  any  other  persons  not  legally  bound  to  aid  in  her  sup 
port;  and  if,  by  actual  contributions,  or  in  any  other  way, 
the  son  had  recognized  his  obligations  to  aid  in  support  of 
his  mother,  or  was  by  law  bound  to  such  support,  and  that 
a  father  or  a  minor  brother  or  sister  shall,  in  like  manner 
and  under  like  conditions,  be  assumed  to  have  been  depend- 
ent, except  that  the  income  which  was  derived  or  derivable 
from  his  actual  or  possible  manual  labor  shall  be  taken  into 
account  in  estimating  a  father's  means  of  independent  sup- 
port: Provided,  further  y  That  the  pension  allowed  to  any 
person  on  account  of  his  or  her  dependence,  as  hereinbefore 
provided,  shall  not  be  paid  for  any  period  during  which  it 
shall  not  be  necessary  as  a  means  of  adequate  subsistence. 
Remarriage.  SEC.  4708.  The  remarriage  of  any  widow,  dependent 
14;  July  'u87]862,'  mother,  or  dependent  sister,  entitled  to  pension,  shall  not 
18642'  B  ;  7Ujui4'  ^ar  her  right  to  such  pension  to  the  date  of  her  remarriage, 
25,1866,8.6',  July  whether  an  application  therefor  was  tiled  before  or  after 
27,1868,8.10.  such  marriage;  but  on  the  remarriage  of  any  widow,  de- 
pendent mother,  or  dependent  sister,  having  a  pension,  such 
pension  shall  cease.* 

Arrears  of  pen-     gEc.  4711.  It  shall  be  the  duty  of  the  Commissioner  of 

81Mar.  3,  1873,  B.  Pensions,  upon,  any  application  by  letter  or  otherwise  by  or 

1?Mar    i    1889  on  t>ehalf  of  any  pensioner  entitled  to  arrears  of  pension 

see  a.  4718,  same  under  section  forty-seven  hundred  and  nine,  or  if  any  such 

pensioner  has  died,  upon  a  similar  application  by  or  on  be- 

half of  any  person  entitled  to  receive  the  accrued  pension 

due  such  pensioner  at  his  death,  to  pay  or  cause  to  be  paid 

to  such  pensioner,  or  other  person,  all  such  arrears  of  pen- 

sion as  the  pensioner  may  be  entitled  to,  or,  if  dead,  would 

have  been  entitled  to  under  the  provisions  of  that  section 

NO  fee  due  at-  had  he  survived;  and  no  claim-agent  or  other  person  shall 

in™CapiSicXfoii  ^e  entitled  to  receive  any  compensation  for  services  in 

for  arrears.        making  application  for  arrears  of  pension. 

r,  J'Tri8iT   of     SEC-  471--  Tlie  provisions  of  this  Title  in  respect  to  the 

_£»  •  -  •          1       j  1  •  J_1 

tended.  rates  oi  pension  to  persons  whose  right  accrued  since  the 

isM  AmenS'  by  fourth  C^Y  of  March,  eighteen  hundred  and  sixty-one,  are 
act  of  Juno  9,  extended  to  pensioners  whose  right  to  pension  accrued 
18juiy25,i866,8.  under  general  acts  passed  since  the  war  of  the  devolution 


:  ^^  V™T  to  tlie  foui'th  day  of  March,  eighteen  hundred  and 

,  sixty-one,  to  take  effect  from  and  after  the  twenty-fifth.  day 
of  July,  eighteen  hundred  and  sixty-six;  and  the  widows  of 

><'ction470!)  was  repealed  by  acts  of  .January  25  and  March  3,  1879, 
aud  section  4710  by  acts  of  January  25  and  March  3,  187(J. 


MARINE    CORPS.  371 

revolutionary  soldiers  and  sailors  receiving  a  less  sum  shall 
be  paid  at  the  rate  of  eight  dollars  per  mouth  from  and  after 
the  twenty-seventh  day  of  July,  eighteen  hundred  and 
sixty-eight. 

That  the  rate  at  which  the  arrears  of  invalid  pensions    Mar. s,  1879. 
shall  be  allowed  and  computed  in  the  cases  which  have    Arrears oFpe^ 
been  or  shall  hereafter  be  allowed  shall  be  graded  accord-  slHar.  3,   1379, 
ing  to  the  degree  of  the  pensioner's  disability  from  time  to ch-  'i^i  s.  i,  v. 20,' 
time  and  the  provisions  of  the  pension  laws  in  force  over 1)f409< 
the  period  for  which  the  arrears  shall  be  computed. 

That  section  one  of  the  act  of  January  twenty-fifth, 
eighteen  hundred  and  seventy-nine,  granting  arrears  of 
pensions  shall  be  construed  to  extend  to  and  include  pen- 
sions on  account  of  soldiers  who  were  enlisted  or  drafted 
for  the  service  in  the  war  of  the  rebellion,  but  died  or 
incurred  disability  from  a  cause  originating  after  the  ces- 
sation of  hostilities;  and  before  being  mustered  out:  Pro- 
vided, That  in  no  case  shall  arrears  of  pensions  be  allowed  • 
and  paid  from  a  time  prior  to  the  date  of  actual  disability. 

All  pensions  which  have  been,  or  which  may  hereafter  fjjdnogte28t 
be,  granted  in  consequence  of  death  occurring  from  a  cause 
which  originated  in  the  service  since  the  fourth  day  of 
March,  eighteen  hundred  and  sixty-one,  or  in  consequence 
of  wounds  or  injuries  received  or  disease  contracted  since 
that  date  shall  commence  from  the  death  or  discharge  of 
the  person  on  whose  account  the  claim  has  been  or  is  here- 
after granted  if  the  disability  occurred  prior  to  discharge, 
and  if  such  disability  occurred  after  the  discharge  then 
from  the  date  of  actual  disability  or  from  the  termination 
of  the  right  of  party  having  prior  title  to  such  pension: 
Provided,  The  application  for  such  pension  has  been  or  is 
hereafter  filed  with  the  Commissioner  of  Pensions  prior  to 
the  first  day  of  July  eighteen  hundred  and  eighty,  other- 
wise the  pension  shall  commence  from  the  date  of  filing  the 
application;  but  the  limitation  herein  prescribed  shall  not 
apply  to  claims  by  or  in  behalf  of  insane  persons  and  chil- 
dren under  sixteen  years  of  age. 

An  act  approved  March  9,  1878,  chap.  28,  vol.  20,  p.  97,  o/^10118'  war 
authorizes  the  names  of  the  surviving  officers  and  men,  ° 
including  militia  and  volunteers,  who  served  fourteen  days 
in  uhe  war  with  Great  Britain  of  1812,  or  who  were  in  any 
engagement  and  were  honorably  discharged,  and  the  sur- 
viving widows  of  such,  to  be  placed  on  the  pension  rolls. 
It  also  restores  pensions  to  such  of  them  as  had  been 
stricken  from  the  rolls  for  engaging  in  the  rebellion  or 
encouraging  it;  no  arrearages  to  be  paid. 

The  fifth  section  of  the  act  approved  July  25, 1882,  chap.    Pensions  under 

o  t  f\  -*  r* s*  •    T  / ,  A  i  SpCC131    clIlCl    Uvll- 

319,  v.  22,  p.  17o,  provides  "that  no  person  who  is  now  erai  acts, 
receiving  or  shall  hereafter  receive  a  pension  under  a  special 
act  shall  be  entitled  to  receive  in  addition  thereto  a  pension 
under  the  general  law,  unless  the  special  act  expreesly 
states  that  the  pension  granted  thereby  is  in  addition  to 
the  pension  which  said  person  is  entitled  to  receive  under 
the  general  law. 

NoteS. — Date  of  actual  discharge  is  the  date  to  which  paid.    (PensicmOilico  Digest, 
p.  154.) 


372       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

Pension  for  loss     An  act  approved  March  3,  1879,  chap.  200,  v.  20,  p.  484, 
eyes.  provides  that  the  act  of  June  17,  1878,  increasing  the  pen- 

sions of  soldiers  and  sailors  who  have  lost  both  their  hands, 
or  both  their  feet,  or  the  sight  of  both  eyes  in  the  service 
of  the  country,  shall  be  so  constructed  as  to  include  all 
soldiers  and  sailors  who  have  become  totally  blind  from 
causes  occurring  in  the  service  of  the  United  States. 
Jan.  25, 1879.       That  all  pensions  which  have  been  granted  under  the 
Commencement  general  laws  regulating  pensions,  or  may  hereafter  be 
0Vann25°i879  eh  8Tailted,  in  consequence  of  death  from  a  cause  which  origi- 
231sa?,V.2o,p. 265.'  nated  in  the  United  States  service  during  the  continuance 
of  the  late  war  of  the  rebellion,  or  in  consequence  of  wounds, 
injuries,  or  disease  received  or  contracted  in  said  service 
during  said  war  of  the  rebellion,  shall  commence  from  the 
date  of  the  death  or  discharge  from  said  service  of  the 
person  on  whose  account  the  claim  has  been  or  shall  here- 
after be  granted,  or  from  the  termination  of  the  right  of 
'  the  party  haying  prior  title  to  such  pension :  Provided,  The 
rate  of  pension  for  the  intervening  time  for  which  arrears 
of  pension  are  hereby  granted  shall  be  the  same  per  month 
for  which  the  pension  was  originally  granted. 

Commencement     SEC.  4713.  In  all  cases  in  which  the  cause  of  disability 

pena8ionsrebe   on  or  death  originated  in  the  service  prior  to  the  fourth  day 

i9Mjune  68i866*  °^  March,  eighteen  hundred  and  sixty-one,  and  an  applica- 

8.;i3^njujy  25,'  tioii  for  pension  shall  not  have  been  filed  within  three  years 

ifS^'i^Ma!'  fr°m  the  discharge  or  death  of  the  person  on  whose  account 

20, 1820,' s. 2;  Feb.  the  claim  is  made,  or  within  three  years  of  the  termination 

24,1i828,88?iMay  °f  a  Pension  previously  granted  on  account  of  the  service 

and  death  of  the  same  person,  the  pension  shall  commence 

from  the  date  of  filing  by  the  party  prosecuting  the  claim 

the  last  paper  requisite  to  establish  the  same.     But  no  claim 

allowed  prior  to  the  sixth  day  of  June,  eighteen  hundred  and 

sixty-six,  shall  be  affected  by  anything  herein  contained. 

July  26, 1892.      That  declarations  of  pension  claimants  shall  be  made 

Declaration  a  before  a  court  of  record,  or  before  some  officer  thereof  hav- 

^^en^fon"1^  custody  of  its  seal,  or  before  some  officer  who,  under 

claims,  before  the  laws  of  his  state,  city,  or  county,  has  authority  to  adiuin- 

WThSswBtBupeir- *s^er  oaths  for  general  purposes;   and   said  officers  arc 

wjdes  sec.  4714,  hereby  fully  authorized  and  empowered  to  administer  and 

certify  any  oath  or  affirmation  relating  to  any  pension  or 

application  therefor : 

otr.oeranot  re-     Provided,  That  where  such  declarations  or  other  papers 

sSita  me  aHcera  are  executed  before  an  officer  authorized  as  above  but  not 

i  itin.t*  of  official  required  by  the  laws  of  his  state  to  have  and  use  a  seal  to 

authenticate  his  official  acts,  he  shall  file  in  the  Pension 

Bureau  a  certificate  of  his  official  character,  showing  his 

official  signature  and  term  of  office,  certified  by  a  clerk  of 

a  court  of  record  or  other  proper  officer  of  the  State  as  to 

the  genuineness  thereof;  and  when  said  certificate  has  been 

filed  in  the  Bureau  of  Pensions  his  own  certificate  will  be 

recognized  during  his  term  of  office. 

exited1  K™     SEC'  2:  That  the  Commissioner  of  Pensions  may  accept 

eign countries,    declarations  and  other  papers  of  claimants  residing  in 

foreign  countries  made  before  a  United  States  minister  or 

consul  or  other  consular  officer,  or  before  some  officer  of  the 


PENSION   LAWS — NAVY,  MARINE    CORPS.  373 

country  duly  authorized  to  administer  oaths  for  general 
purposes,  and  whose  official  character  and  signature  shall 
be  duly  authenticated  by  the  certificate  of  a  United  States 
minister  or  consul  or  other  consular  officer; 

And  declarations  in  claims  of  Indians  may  be  made  be  .  Declarations 

n  T-r    •  .L     -i   r«  i  T     T  J.  in  claims  of  In- 

fore  a  United  States  Indian  agent.  <iians. 

SEC.  3.  That  any  and  all  declarations  or  affidavits  now    Declarations 
on  file  in  the  Pension  Bureau  which  are  considered  infornialecuteruude^for- 
by  reason  of  not  having  been  executed  in  conformity  to  themoeord  acts  made 
laws  heretofore  in  force  covering  such,  and  in  which  it  isg° 
shown  or  may  be  hereafter  shown  by  proper  evidence  that 
the  same  were  executed  by  and  before  an  officer  who  was 
duly  authorized  to  administer  oaths  for  general  purposes 
at  said  date  of  execution,  shall  be  accepted  as  formal  as 
from  date  of  filing  such  declarations  or  affidavits. 

SEC.  4.  That  all  acts  and  parts  of  acts  inconsistent  with    Repeal. 
the  provisions  of  this  act  are  hereby  repealed. 

SEC.  4715.  Nothing  in  this  Title  shall  be  so  construed  as  not^Sowabie0118 
to  allow  more  than  one  pension  at  the  same  time  to  the  same    Mar.  3,  ISTS,  8. 
person  or  to  persons  entitled  jointly;  but  any  pensioner ss.MJf  10*' j?me 
who  shall  so  elect  may  surrender  his  certificate,  and  receive,  J^lgSfeVl* Jul^ 
in  lieu  thereof,  a  certificate  for  any  other  pension  to  which"  see  act'  of  July 
he  would  have  been  entitled  had  not  the  surrendered  certifi- 25t  1882)  8<  5- 
cate  been  issued .    But  all  payments  previously  made  for  any 
period  covered  by  the  new  certificate  shall  be  deducted 
from  the  amount  allowed  by  such  certificate. 

SEC.  4716.  Xo  money  on  account  of  pension  shall  be  paid  8i£oyalty  re<lui- 
to  any  person,  or  to  the  widow,  children,  or  heirs  of  any  de-  Mar.  3,  ms,  s. 
ceased  person,  who  in  any  manner  voluntarily  engaged  in,  2f| .July  14>  1862> 
or  aided  or  abetted,  the  late  rebellion  against  the  authority  See  actreb.  4 

c  ,,       TT    .^     i   d,  J  1862,    and     joint 

Of  the  United  States.  resolution  Mar.2, 

1867. 

SEC.  4718.  If  any  pensioner  has  died  or  shall  hereafter  25^879°!^  p1-! 
die,  or  if  any  person  entitled  to  a  pension,  having  an  appli-  This  act  repeals 
cation  therefor  pending,  has  died  or  shall  hereafter  die,  his  ^Accrued  pen- 
widow,  or  if  there  is  no  widow,  the  child  or  children  of  such  ^"54^4*^^*5 
person  under  the  age  of  sixteen  years  shall  be  entitled  to  wid8ow,  second  In 
receive  the  accrued  pension  to  the  date  of  the  death  of  such  ™in°r  child  or 

c,       ,  i     11  -11          children. 

person.  Such  accrued  pension  shall  not  be  considered  as  Mar.  3, 1873,  s. 
apart  of  the  assets  of  the  estate  of  deceased,  nor  liable ajo^junee.iS' 
to  be  applied  to  the  payment  of  the  debts  of  said  estate  ms.6;juiy25,'i866,' 
any  case  whatever,  but  shall  inure  to  the  sole  and  exclusive  J^  Mar.  2, 1829, 
benefit  of  the  widow  or  children;  and  if  no  widow  or  child  gg2iJ£n3e19'1840' 
survive,  no  payment  whatsoever  of  the  accrued  pension  88Aiso', 'see  note 
shall  be  made  or  allowed,  except  so  much  as  may  be  neces-  ^o^iSt- named 
sary  to  reimburse  the  person  who  bore  the  expenses  of  the  acts  in  Mayo  and 
last  sickness  and  burial  of  the  decedent,  in  cases  where  h6H]jJi5nbu*»* 
did  not  leave  sufficient  assets  to  meet  such  expenses.  m|nt-  . 

See  act  of  Mar. 
1, 1889. 

SEC.  4719.  The  failure  of  any  pensioner  to  claim  his  pen-  .Ynclaj?0edPe1!' 

•  /»JT  ni  j  i  1111  i  -i  81OD8  J    dlSpOSl" 

sion  for  three  years  after  the  same  shall  have  become  duetionof. 
shall  be  deemed  presumptive  evidence  that  such  pension  26Mjuiy Rises', 
has  legally  terminated  by  reason  of  the  pensioner's  death,  s.3;  Apr.  eiisss,' 
remarriage,  recovery  from  the  disability,  or  otherwise,  andg.'J; Aug'29'1842' 
the  pensioner's  name  shall  be  stricken  from  the  list  of  pen- 


374   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

sinners,  subject  tn  the  right  of  restoration  to  the  same  on 
a  new  application  by  the  pensioner,  or,  if  the  pensioner  is 
dead,  by  the  widow  or  minor  children  entitled  to  receive 
the  accrued  pension,  accompanied  by  evidence  satisfactorily 
accounting  for  the  failure  to  claim  such  pension,  and  by 
medical  evidence  in  cases  of  invalids  who  were  not  exempt 
from  biennial  examinations  as  to  the  continuance  of  the 
disability. 

Pensions  under     SEC.  4720.  When  the  rate,  commencement,  and  duration 
8pMa?  3,ci873,  s.  of  a  pension  allowed  by  special  act  are  fixed  by  such  act, 


ri-?  i87o'  *^ev  snaH  n°t  be  subject  to  be  varied  by  the  provisions  and 
i.  'seVamend-  limitations  of  the  general  pension  law;  but  when  not  thus 
went  act  June  e,  fixed,  the  rate  and  continuance  of  the  pension  shall  be  sub- 
Amended  by  ject  to  variation  in  accordance  with  the  general  laws,  and 
1874,  amiJB™act  its  commencement  shall  date  from  the  passage  of  the  special 
of  July  25,  1882.  act?  anc\  the  Commissioner  of  Pensions  shall,  upon  satisfac- 
tory evidence  that  fraud  was  perpetrated  in  obtaining  such 
special  act,  suspend  payment  thereupon  until  the  propriety 
of  repealing  the  same  can  be  considered  by  Congress. 
Both   pension     SEC.  4724.  No  person  in  the  Army,  Navy,  or  Marine  Corps 
fowJ,ayu^esas,'  shall  draw  both  a  pension  as  an  invalid,  and  the  pay  of  his 
etsee  note  9       rank  or  station  in  the  service,  unless  the  disability  for  which 
Aprn°3o,  1844,  the  pension  was  granted  be  such  as  to  occasion  his  employ  - 
iG^i&i^s.^v.f,  ment  i'1  a»  lower  grade,  or  in  the  civil  branch  of  the  service. 

p.'440.  ' 

General  service. 
Act  Apr.  30, 
1844.  As  toper- 
sons  in  the  civil 
service  of  the 
United  States, 
see  Mar.  3,  1865, 
8.1;  June  6,  1866, 
s.  5,  and  net  of 
Mar.  1.  1879. 


SEC>  4728>  If  aT1^  «fficer,  warrant  or  petty  officer,  sea- 
of  the  Navy   is  man,  engineer,  first,  second,  or  third  assistant  engineer, 
Mar?4pi8ei  *  to  nreman  or  coal  heaver  of  the  Navy  or  any  marine  has  been 
AIIK.'II,  1848,88.  disabled  prior  to  the  fourth  day  of  March  eighteen  hundred 
Jniyi,  i79i>,s2iiiail(l  sixty-one  by  reason  of  any  injury  received  or  disease 
Apr.  23,  18*06,  s.  H.'  contracted  in  the  service  and  line  of  duty,  he  shall  be  enti- 
tled to  receive  during  the  continuance  of  his  disability  a 
pension  proportionate  to  the  degree  of  his  disability  not 
exceeding  half  the  monthly  pay  of  his  rank  as  it  existed 
in  January  eighteen  hundred  and   thirty-five.     But  the 
pension  of  a  chief-  engineer  shall  be  the  same  as  that  of  a 
lieutenant  of  the  Navy;  the  pension  of  a  first  assistant 
engineer  the  same  as  that  of  a  lieutenant  of  marines;  the 
pension  of  a  second  or  third  assistant  engineer  the  same  as 
that  of  a  forward  officer;  the  pension  of  a  fireman  or  coal- 
heaver  the  same  as  that  of  a  seaman  ;  but  an  engineer,  fire- 
man or  coal-heaver  shall  not  be  entitled  to  any  pension  by 
reason  of  a  disability  incurred  prior  to  the  thirty-first  day 
of  August  eighteen  hundred  and  forty-two. 

Note  9.—  The  object  of  the  prov  iso  in  the  act  of  1844  (sec.  4724,  R.  S.)  was  to  prohibit 
tin-  payment.  to  any  one  nerving  in  the  Armv,  Navy,  or  .Marino  Corps  of  l>»th  pay  and 

CHI.  in,  except  where  tin-  disability  for  which  the  pension  is  allowed  isam-ii  as  to 
'6  occasioned  his  employment  in  A  lower  yradr  or  sumo  civil  branch  of  tin-  service. 
(Op.,  XIV,  p.  94,  AUK.  8-  1872,  Williams.     See  also  I  V,  p.  f>87;  V,  p.  51;  VI,  p.  718.) 


PENSION    LAWS  -  NAVY    MARINE    CORPS.  375 


SEC.  471M).  If  any  person  referred  to  in  the  preceding  sec-  to 
tiou  has  died  iu  the  service,  or  injury  received  or  disease  children. 
contracted  under  the  conditions  therein  stated,  his  widow  88A^f;  3n;  g®4*; 
shall  be  entitled  to  receive  half  the  monthly  pay  to  which  283.  ' 
the  deceased  was  entitled  at  the  date  of  his  death;  and  in 
case  of  her  death  or  marriage,  the  child  or  children  under 
sixteen  years  of  age  shall  be  entitled  to  the  pension.  But 
the  rate  of  pension  herein  allowed  shall  be  governed  by  the 
pay  of  the  Navy  as  it  existed  in  January,  eighteen  hundred 
and  thirty-live;  and  the  pension  of  the  widow  of  a  chief 
engineer  shall  be  the  same  as  that  of  a  widow  of  a  lieuten- 
ant in  the  Navy  ;  the  pension  of  the  widow  of  a  first  assist-  18f7e£olJJ>;/  3i 
ant  engineer  shall  be  the  same  as  that  of  the  widow  of  a 
lieutenant  of  marines;  the  pension  of  the  widow  of  a  second 
or  third  assistant  engineer  the  same  as  that  of  the  widow 
of  a  forward  officer;  the  pension  of  the  widow  of  a  fireman 
or  coal-heaver  shall  be  the  same  as  that  of  the  widow  of  a 
seaman.  But  the  rate  of  pension  prescribed  by  this  and 
the  preceding  section  shall  be  varied  from  and  after  the 
twenty-fifth  day  of  July,  eighteen  hundred  and  sixty-six, 
in  accordance  with  the  provisions  of  section  four  thousand 
seven  hundred  and  twelve  of  this  Title;  and  the  widow  of 
an  engineer,  fireman,  or  coal-heaver  shall  not  be  entitled  to 
any  pension  by  reason  of  the  death  of  her  husband  if  his 
death  was  prior  to  the  thirty-first  day  of  August,  eighteen 
hundred  and  forty-two. 

That  from  and  after  the  passage  of  this  act,  the  pension    Mar-  3>  1877- 
for  total  disability  of  passed  assistant  engineers,  assistant    snpp.  n.  s.,  p. 
engineers,  and  cadet  engineers  in  the  naval  service,  respec-  14®9  stat>  L.,  403. 
tively,  shall  be  the  same  as  the  pensions  allowed  to  officers       "sio?      en~ 
of  the  line  in  the  naval  service  with  whom  they  have  rela- 
tiverank;  and  that  all  acts  or  parts  of  acts 
herewith  be,  and  are  hereby,  repealed.  Feb."  24,  '  1874,' 

ch.  35,  s.  1. 

See  note  10. 
Rates  iixed  l>y  Pension  Office  for  certain  disabilities  not  specified  bt/  7aw.     Pension  Office 

Digest  of  Laws, 
Loss  of  an  eye  ...................................  _____  one-half.  I88i,p.232. 

Loss  of  a  thumb  .....................................  one-half. 

Loss  of  an  index  linger  ...........  ...................  three-eighths. 

Loss  of  a  linger  ......................................  one-fourth. 

Loss  of  a  toe  ____  ..........................  ..........  one-fourth. 

Loss  of  a  great  too  ..................................  one-half. 

Inguinal  hernia  ......................................  one-half. 

Double  inguinal  hernia  ..............................  three-  fourths. 

Anchylosis  of  elbow  joint  ............................  total. 


KATES   FIXED    I5Y    LAW   FOR   TOTAL   DISABILITY. 

Navy  and  Marine  Corps. 


Month. 


Captain  and  all  officers  of  higher  rank;  commander.;  lieutenant  Tension  Office 

commanding  and  master  commanding  ;  surgeon,  paymaster  and         HJS68*  ™iLaw8' 
chief  engineer  ranking  with  commander  by  law ;  lieutenant-col-  le'e'note  11 

onel  and  all  of  higher  rank  in  the  Marino  Corps $30 

Lieutenant,  passed  assistant  surgeon,  surgeon,  paymaster  and  chief 
engineer  ranking  with  lieutenant  by  law,  and  major  in  Marine 
Corps 25 

Note  10. — Grado  of  "cadet  engineer"  aboli.slied  and  "naval  cadet"  substituted  by 
Act  of  Aug.  5,  1882,  oh.  391.  par.  1 . 

Note  11. — The  matter  in  heavy-faced  typo  has  beeu  inserted  in  the  foregoing  table 
to  meet  recent  legislation. 


376   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


Month. 

Master,  professor  of  mathematics,  assistant  surgeon,  paymaster  and 
chaplain,  and  captain  in  the  Marine  Corps $20 

First  lien  tenant  in  the  Marine  Corps 17 

First  assistant  engineer,  ensign  and  pilot,  and  second  lieutenant 
in  the  Marine  Corps 15 

Cadet  midshipman,  passed  midshipman,  midshipman,  clerks  of 
admirals,  paymasters,  and  of  officers  commanding  vessels,  second 
and  third  assistant  engineers,  masters,  mates  and  warrant  offi- 
cers   . .  10 

All  enlisted  men  except  warrant  officers 8 


g 

'        : 

3       1 

| 

g 

S 

CO" 

CO 

s 

§ 

1 

S 

00 

Rates  and  disabilities  specified 

S                             £>,- 

S 

2 

>> 

r"^_ 

n 

to" 

of 

by  law. 

•^ 

A 

<£> 

-*' 

••# 

S 

rH 

A 

• 

A 

See  note  10. 

3 

§ 

3 

p 

p 

a 

5 

1 

a 

1 

f3 

1 

hs 

psj 

t-s 

^ 

i 

I 

1 

1 

£ 

1 

£ 

1 

1 

o 
o 

I 

$95  00 

$31  25 

*r>o  no 

$72  00 

Loss  of  both  feet                      -  ... 

20  90  

31  25   50  00 

72  (.0              : 

0 

Loss  of  both  eyes  

25  00  

31  25!  50  00 

72  00 

s 

Loss  of  an  eye,  the  sight  of  the  other 

a 

$25  00 

31  25 
24  00 

50  00 

'  72  00 

o 

Loss  of  1  hand  and  1  foot  

$20  00 

$36  00  

§00 

Total  disability  in  1  hand  and  1  foot 

20  66 
15  00 

24  00 
18  00 



36  00  



•Is 

$24  00 

Totally  or  permanently  disabled 

-*•"•{ 

in  same  

24  00 

Amputation  at  or  above  elbow  or 

0  n 

^rs 

knee 

15  00 

18  00 

24  00 

30  00 

Amputation  at  hip-joint 

15  00 

18  00 

24  00 

$37  50 

-tj^ 

90  00 

24  00 

r2 

Ditto  —  equal  to  loss  of  hand  orfoot 

8 

24  00 

Regular  aid  and  attendance  

25  00 
25  00 

31  25 
31  25 

50  66 
50  00 

| 

Total  disability  in  both  hands 

! 

gECt  4734.  The  provisions  of  law  which  allow  the  with- 

not  to  be  with-,     -  ,.  „  , ,  ,.  _  .     . 

held.  holding  of  the  compensation  of  any  person  who  is  in  arrears 

836?*  May  2°'  shall  not  be  construed  to  authorize  the  pension  of  any  pen- 
sioner of  the  United  States  to  be  withheld. 


1836. 


Time  for  which 
a  widow  shall  not 
receive  a  pension. 
Act  Apr.  30, 1844. 
See  resolution 
Jan.  23,  1845. 

Pensions  to 
certain  soldiers 
and  sailors  of  the 
war  of  1812. 

Feb.  14, 1871,  s. 
1.  See  act  Mar. 
9,  1878. 


Pensionsunder 
|in  <  «•(!  i  n  g  sec- 
tion ;  rate  of. 

Feb.  14, 1871,  s. 
2.  See  act  Mar. 
9, 1878. 


SEC.  4735.  No  pension  shall  be  granted  to  a  widow  for 
the  same  time  that  her  husband  received  one. 


SEC.  4736.  The  Secretary  of  the  Interior  is  directed  to 
place  on  the  pension-roll  the  names  of  the  surviving  officers 
and  enlisted  and  drafted  men.  including  militia  and  volun- 
teers, of  the  military  and  naval  service  of  the  United  States, 
who  served  sixty  days  in  the  war  with  Great  Britain,  of 
eighteen  hundred  and  twelve,  and  were  honorably  dis- 
charged, and  such  other  officers  and  soldiers  as  may  have 
been  personally  named  in  any  resolution  of  Congress  for  any 
specific  service  in  that  war,  although  their  term  of  service 
may  have  been  less  than  sixty  days,  subject,  however,  to 
the  provisions  of  section  forty-seven  hundred  and  sixteen. 

SEO.  4737.  Pensions,  under  the  preceding  section,  shall 
be  at  the  rate  of  eight  dollars  per  month,  and  shall  be  paid 
to  the  persons  entitled  thereto  for  the  term  of  their  lives 
from  and  after  the  fourteenth  day  of  February,  eighteen 
hundred  and  seventy-one.  But  that  section  shall  not  apply 
to  any  person  who  is  receiving  a  pension  at  the  rate  of  eight 


PENSION  LAWS  -  NAVY,  MARINE  CORPS.          377 

dollars  or  more  per  mouth  ;  nor  to  any  person  who  is  receiv- 
ing a  pension  less  than  eight  dollars  per  month,  except  for 
the  difference  between  the  pension  now  received  and  eight 
dollars  per  month. 

SEC.  4738.  The  surviving  widows  of  such  persons  as  are  Pensions  to  sur- 
embraced  within  the  provisions  of  the  two  preceding  sec-office&WetcT8of 
tions  shall  be  allowed,  on  the  conditions  and  limitations  thj,JJ*Jf^-a 
therein  expressed,  the  same  pension  that  such  persons  them-  1.  see  act  Mar! 
selves  would  have  been  entitled  to  receive  thereunder  if9'1878-8-6- 
living  on  the  fourteenth  day  of  February,  eighteen  hundred 
and  seventy  one  :  Provided,  however,  Such  widows  were  mar- 
ried to  the  husbands,  on  account  of  whose  services  the  pen- 
sion is  claimed,  prior  to  the  treaty  of  peace  which  terminated 
the  war  of  eighteen  hundred  and  twelve,  and  have  not 
remarried. 

SEC.  4739.  Before  the  name  of  any  person  is  placed  nP°nnamef8reniairebe 
the  pension-roll  under  the  three  preceding  sections,  proof  st^ckeTFrom 
shall  be  made,  under  such  regulations  as  the  Secretary  of  pej?eb°ni4°l87i  8 
the  Interior  may  prescribe,  that  the  applicant  is  entitled  to  s.  lee  act  Mar! 
a  pension  under  the  provisions  of  the  sections  herein  cited  ;  9)  1878> 
and  the  Secretary  of  the  Interior  shall  cause  to  be  stricken 
from  the  pension-roll  the  name  of  any  person  whenever  it 
appears,  by  proof  satisfactory,  that  such  name  was  put  upon 
such  roll  through  false  or  fraudulent  representations. 

SEC.  4740.  The  loss  of  a  certificate  of  discharge  shall  not    LOSS  of  dis- 
deprive  an  applicant  of  the  benefits  of  sections  for  ty-se  veil  cat£rge 
hundred  and  thirty-six,  forty-seven  hundred  and  tMrty-  g  FfJ^1^JJkJ- 
seven,  and  forty-seven  hundred  and  thirty-eight,  but  other  bj  ml?  a< 
proof  of  services  performed  and  of  an  honorable  discharge, 
if  deemed  satisfactory,  shall  be  sufficient. 

SEC.  4741  .  The  officers  and  seamen  of  the  revenue  cutters    Pension  to  offi 
of  the  United  States,  who  have  been  or  may  be  wounded  or  oTre?ennee?£t" 
disabled  in  the  discharge  of  their  dutv  while  co-operating  te™-ct  A  r  18 
with  the  Navy  by  order  of  the  President,  shall  be  entitled  i8u.c 
to  be  placed  on  the  Navy  pension-list,  at  the  same  rate  of 
pension  and  under  the  same  regulations  and  restrictions  as 
are  provided  by  law  for  the  officers  and  seamen  of  the  Navy. 

SEC.  4742.  From  and  after  the  second  day  of  April,    certain  claims 
eighteen  hundred  and  sixty-two,  no  claim  for  a  pension,  or  arvpSTs 
for  an  increase  of  pension,  shall  be  allowed  in  favor  of  thehi^cl-A  r 
children  or  other  descendants  of  any  person  who  served  in  1862? 
the  war  of  the  Ke  volution,  or  of  the  widow  of  such  person, 
when  such  person  or  his  widow  died  without  having  estab- 
lished a  claim  to  a  pension. 

SEC.  4743.  In  all  cases  where  a  pension  has  been  granted      ^id  ^ 


e8a 
to  any  officer  or  soldier  of  the  Revolution  in  his  life-time,  widows  of  Revo- 

the  evidence  upon  which  such  pension  was  granted  shall  be  d?er  8°  °tor  obtain 
conclusive  of  the  service  of  such  officer  or  soldier  in  the  pensions. 
application  of  any  widow,  or  woman  who  may  have  been  i^gjg!"* 
the  widow,  of  such  officer  or  soldier,  for  a  pension  ;  and 
upon  proof  by  her  that  she  was  married  to  any  such  officer 
or  soldier  and  that  she  is  a  widow,  she  shall  thereupon  be 
placed  upon  the  pension-rolls  at  the  same  rate  that  such 
officer  or  soldier  received  during  his  life-time. 


378       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

Any  pledge,      SEC.  4745.  Any  pledge,  mortgage,  sale,  assignment,  or 
^igt^Dt,8"  or  transfer  of  any  right,  claim,  or  interest  in  any  pension  which 
sio"  void0'  ren"has  been,  or  may  hereafter  be,  granted,  shall  be  void  and  of 
Mar. 3,  1873,  s.  no  effect;  and  any  person  acting  as  attorney  to  receive  and 
828;lFar.iM8i8;receipt  for  money  for  and  in  behalf  of  any  person  entitled 
18381,  to  a  pension  shall,  before  receiving  such  money,  take  and 
l:l!  J(i>  subscribe  an  oath,  to  be  tiled  with  the  pension  agent,  and 

se^™act of  Feb  ky  him  to  be  transmitted,  with  the  vouchers  now  required 
28^883°  '  by  law,  to  the  proper  accounting  officer  of  the  Treasury, 

that  he  has  no  interest  in  such  money  by  any  pledge,  mort- 
gage, sale,  assignment,  or  transfer,  and  that  he  does  not 
know  or  believe  that  the  same  has  been  so  disposed  of  to 
any  person. 

Pension  not     SEC.  4747.  No  sum  of  money  due,  or  to  become  due,  to 

men\e.  *         !h"  au7  pensioner  shall  be  liable  to  attachment,  levy,  or  seizure 

Mar.  3,  w™gQ*-  by  or  under  any  legal  or  equitable  process  whatever,  whether 

s53 ;  July  7,  isssi  th  e  same  remains  with  the  Pension  Office,  or  any  officer  or 

agent  thereof,  or  is  in  course  of  transmission  to  the  pensioner 

entitled  thereto,  but  shall  inure  wholly  to  the  benefit  of  such 

pensioner. 

Commissioner     SEC.  4748.  That  the  Commissioner  of  Pensions,  on  appli- 

faraci8h10printea  cation  being  made  to  him  in  person,  or  by  letter,  by  any 

Jwjroj*jwwft»» claimant  or  applicant  for  pension,  bounty-land,  or  other 

°Ma?rf,ei873,  s.  allowance  required  by  law  to  be  adjusted  or  paid  by  the 

22^  July  H,  1862.  pension  Office,  shall  furnish  such  person,  free  of  all  expense, 

'see sec.  4768.    all  such  printed  instructions  and  forms  as  may  be  necessary 

in  establishing  and  obtaining  said  claim ;  and  on  the  issuing 

of  a  certificate  of  pension  or  of  a  bounty-land  warrant,  lie 

shall  forthwith  notify  the  claimant  or  .applicant,  and  also 

the  agent  or  attorney  in  the  case,  if  there  be  one,  that  such 

certificate  has  been  issued,  or  allowance  made,  and  the  date 

and  amount  thereof. 

certain  soldiers     SEC.  4749.  No  soldier  or  sailor  shall  be  taken  or  held  to 

and  sailors  not  to ,  ,T  ,        „   .,,   „   ,, 

be  de«med  do-  be  a  deserter  Irom  the  Army  or  Navy  who  faithfully  served 
8eAct8'juiy  19  according  to  his  enlistmentuntil  the  nineteenth  day  of  April, 
i8C7.  '  eighteen  hundred  and  sixty-five,  and  who,  without  proper 

iHand^ttTuiy  authority  or  leave  first  obtained,  quit  his  command  or  refused 
ai7di88tT  ^°  S6rve  a^er  that  date;  but  nothing  herein  contained  shall 
10  operate  as  a  remission  of  any  forfeiture  incurred  by  any  such 
soldier  or  sailor  of  his  pension ;  but  this  section  shall  be  con- 
strued solely  as  a  removal  of  any  disability  such  soldier  or 
sailor  may  have  incurred  by  the  loss  of  his  citizenship  in 
consequence  of  his  desertion. 


PENSION    FUNDS PENSIONS NAVY,  MARINE    CORPS.         371) 


PENSION  FUNDS. 

Sec.  Sec, 

4750.  Secretary  of  Navy  trustee  of  Navy  j  4762.  Commanding  officers  of  privateers 

pension  fund.  to  enter  names,  etc.,  in  a  journal. 

4751.  Penalties,  how  to  be  sued  for,  etc.         4763.  Transcript  of  journals  to  be  traris- 

4752.  Prize   money   accruing    to   United   !  initted  to  Secretary  of  tins  Navy. 

States  to  remain  a  fund  for  pen-   ,   4706.  Pensions  to  bo  paid  only  to  persons 
sions.  enlisted. 

5438.  Making  or  presenting  false  claims. 


:r 


vested.  Act  May  21,  1872.— Penalty  upon  claim 

4754.  Hate  of  interst  on  naval  pension  agents  for  retaining  without  con- 

fund,  sent  or  refusing  to  deliver  dis- 

4755.  Naval  pensions  payable  from  fund,  charge  papers  or  land  warrants 

4756.  Pensions  to  disabled  seamen  and  !                 of  any  soldier  or  sailor. 

marines  of  twenty  years' service,  j  5486.  Embezzlement  of    pension  money 

4757.  Pensions  to  disabled  seamen  and  j                 by  guardian. 

marines,  ten  years'  service.  5501.  United    States     officer     accepting 


Petty  officers  to  receiAre  same  pen- 
sion « a  enlisted  men. 

4758.  Secretary  of  Navy  trustee  of  priva- 

teer pension  fund. 

4759.  Privateer   pension  fund,  how    de- 

rived. 

4760.  To  be  paid  into  Treasury,  etc. 

4761.  AVounded,  etc.,  privateefsraen  to  be 

placed  on  pension  list- 


bribes. 

5451.  Bribery  of  any  United  States  officer. 

1782.  No  United  States  Senator  or  Kepre 
sentative  or  Department  officer  or 
clerk  shall  receive  or  agree  to-  re- 
ceive any  compensation,  etc. 

1176.  Trusses. 

1177.  Application  for  truss. 


SEC.  4750.  The  Secretary  of  tlie  Navy  shall  be  trustee  of      Title  57. 
the  Navy  pension-fund.  secretary  of 

Navy  trustee. 
July  10, 1832,  s. 

SEC.  4751.  All  penalties  and  forfeitures  incurred  under  '  Penalties,'  bow 
the  provisions  of  sections  twenty-four  hundred  and  sixty-  etcb° 
one,  twenty-four  hundred  and  sixty-two,  and  twenty-four    Mar.  2,  issi,  s. 
hundred  and  sixty-three,   Title  "'THE   PUBLIC  LANDS,"  ' 
shall  be  sued  for,  recovered,  distributed,  and  accounted  for, 
under  the  directions  of  the  Secretary  of  the  Navy,  and  shall 
be  paid  over,  one-half  to  the  informers,  if  any,  or  captors, 
where  seized,  and  the  other  half  to  the  Secretary  of  the 
Navy  for  the  use  of  the  Navy  pension-fund;  and  the  Sec- 
retary is  authorized  to  mitigate,  in  whole  or  in  part,  on  such 
terms  and  conditions  as  he  deems  proper,  by  an  order  in 
writing,  any  fine,  penalty,  or  forfeiture  so  incurred. 

SEC.  4752.  All  money  accruing  or  which  has  already  ac-  Prize  money 
crued  to  the  United  States  from  sale  of  prizes  shall  be  and  JS5ed%tat«i  to 
remain  forever  a  fund  for  the  payment  of  pensions  to  thereinainafundfor 

i  i_  •          x-ii     i    j.  pensions. 

officers,  seamen,  and  marines  who  may  be  entitled  to  re-    July  17, 1862,  s. 
ceive  the  same;  and  if  such  fund  be  insufficient  for  the ns;;e12^ G0476-30 
purpose,  the  public  faith  is  pledged  to  make  up  the  defici-  underprize, 
ency;  but  if  it  should  be  more  than  sufficient  the  surplus 
shall  be  applied  to  the  making  of  further  provision  for  the 
comfort  of  the  disabled  officers,  seamen,  and  marines. 

SEC.  4753.  The  Secretary  of  the  Navy,  as  trustee  of  the    Naval  pension 
naval  pension-fund,  is  directed  to  cause  to  be  invested  in  f™!^^  1 
theregistered  securities  of  the  United  States,  on  the  first  day  ^  "*y  i>  i*6** 
of  January  and  the  first  day  of  July  of  each  year,  so  much  S 
of  such  fund  then  in  the  Treasury  of  the  United  States  as 
may  not  be  required  for  the  payment  of  naval  pensions  for 
the  then  current  fiscal  year;  and  upon  the  requisition  of 
the  Secretary,  so  much  of  the  fund  as  may  not  be  required 
for  such  payment  of  pensions  accruing  during  the  current 
fiscal  year  shall  be  held  in  the  Treasury  on  the  days  above 
named  in  each  year,  subject  to  his  order,  for  the  purpose  of 


380       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

such  immediate  investment;  and  the  interest  payable  in 
coin  upon  the  securities  in  which  the  fund  may  be  invested, 
shall  be  so  paid,  when  due,  to  the  order  of  the  Secretary  of 
the  Navy,  and  he  is  authorized  and  directed  to  exchange 
the  amount  of  such  interest  when  paid  in  coin,  for  so  much 
of  the  legal  currency  of  the  United  States  as  may  be  ob- 
tained therefor  at  the  current  rates  of  premium  on  gold, 
and  to  deposit  the  interest  so  converted  in  the  Treasury  to 
the  credit  of  the  naval  pension-fund;  but  nothing  herein 
contained  shall  be  construed  to  interfere  with  the  payment 
of  naval  pensions  under  the  supervision  of  the  Secretary  of 
the  Interior,  as  regulated  by  law. 
Rate  of  interest  gEC  4754  The  interest  on  the  naval  pension-fund  shall 

on  naval  pension  ,  ,  ,  „  ,  , 

hereafter  be  at  the  rate  or  three  per  centum  per  annum  in 
mone, 


P  ^atie™  flom     SEC.  4755-  The  Navy  Pensions  shall  be  paid  from  the  Navy 
fund.  pension-fund,  but  no  payments  shall  be  made  therefrom 

i6Jlpy222f  jiiii  except  upon  appropriations  authorized  by  Congress. 

23,  1868,  8.  2,  v.  15, 
p.  170;  Jan.  19, 
1877,  v.  19,  p.  224. 


Tnere  sna11  be  Pai(i  out  of  tne  naval  pension- 
serving  fund  to  every  person,  who,  from  age  or  infirmity,  is  disabled 
ne  from  sea-service,  but  who  has  served  as  an  enlisted  person 
Corps.  in  the  Navy  or  Marine  Corps  for  the  period  of  twenty  years-, 

6,  ^ari4?'  p86M6  \  and  not  been  discharged  for  misconduct,  in  lieu  of  being 


? 
Dec.  23,  1886.       provided  with  a  home  in  the  Naval  Asylum,  Philadelphia, 

if  he  so  elects,  a  sum  equal  to  one-half  the  pay  of  his  rating 
at  the  time  he  was  discharged,  to  be  paid  to  him  quarterly, 
under  the  direction  of  the  Commissioner  of  Pensions;  and 
applications  for  such  pension  shall  be  made  to  the  Secretary 
of  the  Navy,  who,  upon  being  satisfied  that  the  applicant 
comes  within  the  provisions  of  this  section,  shall  certify  the 
same  to  the  Commissioner  of  Pensions,  and  such  certifi- 
cate shall  be  his  warrant  for  making  payment  as  herein 
authorized. 


ti?anvitenn°year8  SEC<  4757-  Every  disabled  person  who  has  served  in  the 
may  receive  Navy  or  Marine  Corps  as  an  enlisted  man  for  a  period  not 
wibidaid'  IGSS  than  ten  years,  and  not  been  discharged  for  miscon- 
dllct>  may  aPPty  to  ^e  Secretary  of  the  Navy  for  aid  from 
the  surplus  income  of  the  naval  pension-fund;  and  the  Sec- 
retary of  the  Navy  is  authorized  to  convene  a  board  of  not 
less  than  three  naval  officers,  one  of  whom  shall  be  a  sur- 
geon, to  examine  into  the  condition  of  the  applicant,  and 
to  recommend  a  suitable  amount  for  his  relief,  and  for  a 
specified  time,  and  upon  the  approval  of  such  recommenda- 
tion by  the  Secretary  of  the  Navy,  and  certificate  thereof 
to  the  Commissioner  of  Pensions,  the  amount  shall  be  paid 
in  the  same  manner  as  is  provided  in  the  preceding  section 
for  the  payment  to  persons  disabled  by  long  service  in  the 

Notel.—  Pensions  granted  under  sections  4756  and  4757  .-ire  -wholly  under  control 
ot  the  Secretary  of  the  Navy,  to  whom  applioattona  should  be  made.  The  Pension 
Office  also  requires  that  claimants  shall  lile,  an  application,  properly  executed  before 
a  court  of  record,  as  an  identification  of  the  party  whose  claim  has'  been  adjudicated 
by  the  Navy  Department. 

The  rule  now  in  force  regarding  these  pensions,  is  that  they  will  be  considered  as 
commencing  on  the  date  of  filing  the  application  iu  the  Navy  Department.  (See 
Pension  Office  Digest,  p.  191.) 


PENSION   FUNDS PENSIONS NAVY,  MARINE    CORPS.         381 

Navy;  but  no  allowance  so  made  shall  exceed  the  rate  of 
a  pension  for  full  disability  corresponding  to  the  grade  of 
the  applicant,  nor,  if  in  addition  to  a  pension,  exceed  one- 
fourth  the  rate  of  such  pension. 

That  section  forty -seven  hundred  and  fifty-six  and  sec-  Dec-  23> 1886- 
tion  forty-seven  hundred  and  .fifty-seven  of  the  Kevised  24stat.L.,353. 
Statutes  of  the  United  States  be,  and  the  same  are  hereby,  i874_9^,pp.5i7.S'' 
amended  by  inserting  the  words  "  or  as  an  appointed  petty  re tlyoffieera 
officer,  or  both/'  after  the  words  "as  an  enlisted  person  "  ceiv^IIme0  pen- 
in  the  former  section,  and  after  the  words  ;ias  an  enlisted  jj™  M  enlisted 
man"  in  the  latter  section.  Rk.secs^se, 

4757. 

SEC.  4758.  The  Secretary  of  the  Navy  shall  be  trustee  of  ^ecretary^  of 
the  privateer  pension-fund.  ju'tyio,  1832,  s. 

l,v.4,p.572. 

SEC.  4759.  Two  per  centum  on  the  net  amount,  after  .Privateer  pen- 

..     .,  , . .  „  . ,  sum  fund,  now 

deducting  all  charges  and  expenditures,  of  the  prize-money  derived, 
arising  from  captured  vessels  and  cargoes,  and  on  the  net^^i^e?.2'8' 
amount  of  the  salvage  of  vessels  and  cargoes  recaptured 
by  the  private  armed  vessels  of  the  United  States,  shall  be 
secured  and  paid  over  to  the  collector  or  other  chief  officer 
of  the  customs  at  the  port  or  place  in  the  United  States  at 
which  such  captured  or  recaptured  vessels  may  arrive;  or 
to  the  consul  or  other  public  agent  of  the  United  States 
residing  at  the  port  or  place,  not  within  the  United  States, 
at  which  such  captured  or  recaptured  vessels  may  arrive. 
And  the  moneys  arising  therefrom  are  pledged  by  the 
Government  of  the  United  States  as  a  fund  for  the  support 
and  maintenance  of  the  widows  and  orphans  of  such  per- 
sons as  may  be  slain,  and  for  the  support  and  maintenance 
of  such  persons  as  may  be  wounded  and  disabled  onboard 
of  the  private  armed  vessels  of  the  United  States,  in  any 
engagement  with  the  enemy,  to  be  assigned  and  distributed 
in  such  manner  as  is  or  may  be  provided  by  law. 

SBC.  4760.  The  two  per  centum  reserved  in  the  hands  of  thTeobeTP^into 
the  collectors  and  consuls  by  the  preceding  section,  shall  etc. 
be  paid  to  the  Treasury,  under  the  like  regulations  pro- i,  v^'p!  m13' 8* 
vided  for  other  public  money,  and  shall  constitute  a  fund 
for  the  purposes  provided  for  by  that  section. 

SEC.  47G1.  The  Secretary  of  the  Interior  is  required  to  JSgSlSfts 
place  on  the  pension-list,  under  the  like  regulations  and  ^placed  on  pen- 
restrictions   as  are  used  in  relation  to  the  Navy  of  the    Feb.  is,  isis,  s. 
United  States,  any  officer,  seamen,  or  marine,  who,  on  ^uv<  22  ms  v°  s; 
board  of  any  private  armed  vessel  bearing  a  commission  P.  sf.'  ' 
of  letter  of  marque,  shall  have  been  wounded  or  otherwise 
disabled  in  any  engagement  with  the  enemy,  or  in  the  line 
of  their  duty  as  officers,  seamen,  or  marines  of  such  private 
armed  vessel;  allowing  to  the  captain  a  sum  not  exceed- 
ing twenty  dollars  per  month;  to  lieutenants  and  sailing- 
master  a  sum  not  exceeding  twelve  dollars  each  per  month; 
to  marine  officer,  boatswain,  gunner,  carpenter,  master's 
mate,  and  prize-masters,  a  sum  not  exceeding  ten  dollars 
each  per  month;  to  all  other  officers  a  sum  not  exceeding 
eight  dollars  each  per  month,  for  the  highest  rate  of  dis- 
ability, and  so  in  proportion;  and  to  a  seaman,  or  acting 
as  a  marine,  the  sum  of  six  dollars  per  month,  for  the  high- 


382       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

cst  rate  of  disability,  and  so  in  proportion ;  which  several 

pensions  shall  be  paid  from  moneys  appropriated  for  the 

payment  of  pensions. 

commanding  SEC.  4762.  The  commanding  officer  of  every  vessel  hav- 
tSrstS  filtering  a  commission,  or  letters  of  marque  and  reprisal,  shall 
journal010'1  in  aei|ter  in  his  journal  the  name  and  rank  of  any  officer,  and 
J°reb! is,  1813,8.  the  name  of  any  seaman,  who,  during  his  cruise,  is  wounded 
3,  v. 2, p. sou.  or  Disabled,  describing  the  manner  and  extent,  as  far  as 

practicable,  of  such  wound  or  disability. 

ounmi8CritPo   bef     SEC-  4763>  Every  collector  shall  transmit  quarterly  to 

transmitted0   to  the  Secretary  of  the  Navy  a  transcript  of  such  journals  as 

secretary  of  the  ]nav  jiave  been  reported  to  him,  so  far  as  it  gives  a  list  of 

ibid., ». 4.        the  officers  and  crew,  and  the  description  of  wounds  and 

disabilities,  the  better  to  enable  the  Secretary  to  decide  on 

claims  for  pensions. 

aTd  oni°v  8to°  ebre     SEO*  4766*    Hereafter  no  pension  shall  be  paid  to  any 
sons  entitled per  person  other  than  the  pensioner  entitled  thereto,  nor  other - 
^  July  s,  i87o,  w|se  than  according  to  the  provisions  of  this  Title,  and  no 
'see  note  2.       warrau t,  po wer  of  attorney,  or  other  paper  execu  ted  or  pur- 
porting  to  be  executed  by  any  pensioner  to  any  attorney, 
claim-agent,  broker,  or  other  person  shall  be  recognized  by 
any  agent  for  the  payment  of  pensions,  nor  shall  any  pen- 
sion be  paid  thereon ;  but  the  payment  to  persons  laboring 
under  legal  disabilities  may  be  made  to  the  guardians  of 
such  persons  in  the  manner  herein  prescribed ;  and  pensions 
payable  to  persons  in  foreign  countries  may  be  made  accord- 
ing to  the  provisions  of  existing  laws. 
Making  or  pre-     SEC.  5438.  Every   person  who  makes  or  causes  to    be 

senting    false  ,  ,      J  ,  ,     ,     „ 

claims.  made,  or  presents  or  causes  to  be  presented,  for  payment 

67M8asr'i' 386v  Ci2' or  approval,  to  or  by  any  person  or  officer  in  the  civil,  uiili- 
PP.-696, 698.  '  " '  tary,  or  naval  service  of  the  United  States,  any  claim  upon 
^see  sees.  3490,  Qr  agajnst  ^he  Government  of  the  United  States,  or  any 
Department  or  officer  thereof,  knowing  such  claim  to  be 
false,  fictitious,  or  fraudulent,  or  who,  for  the  purpose  of 
obtaining  or  aiding  to  obtain  the  payment  or  approval  of 
such  claim,  makes,  uses,  or  causes  to  be  made  or  used,  any 
false  bill,  receipt,  voucher,  roll,  account,  claim,  certificate, 
affidavit,  or  deposition,  knowing  the  same  to  contain  any 
fraudulent  or  fictitious  statement  or  entry,  or  who  enters 
into  any  agreement,  combination,  or  conspiracy  to  defraud 
the  Government  of  the  United  States,  or  any  Department 
or  officer  thereof,  by  obtaining  or  aiding  to  obtain  the  pay- 
ment or  allowance  of  any  false  or  fraudulent  claim,  or  who 
liji  ving  charge,  possession,  custody,  or  control  of  any  money 
or  other  public  property  used  or  to  be  used  in  the  military 
or  naval  service,  who,  with  intent  to  defraud  the  United 
States  or  willfully  to  conceal  such  money  or  other  property, 
delivers  or  causes  to  be  delivered,  to  any  other  person  hav- 
ing authority  to  receive  the  same,  any  amount  of  such  money 
or  other  property  less  than  that  for  which  he  received  a 
certificate  or  took  a  receipt,  and  every  person  authorized 
to  make  or  deliver  any  certificate,  voucher,  receipt,  or 

Vbfefl  Anu-nded  by  art  of  August  8,  1882.  See  section  2,  act  of  February  26, 
1881,  act  of  AiiitustT.  IKS'J,  and  section  4,  act  of  March  3,  1883,  for  manner  of  pay- 
ment  of  pensions  to  inmates  of  National  Home  for  Disabled  Volunteer  Soldiers. 


PENSION    FUNDS  —  PENSIONS—  NAVY,  MARINE    CORPS.         383 


other  paper  certifying'  the  receipt  of  arms,  ammunition, 
provisions,  clothing,  or  other  property  so  used  or  to  be  used, 
who  makes  or  delivers  the  same  to  any  other  person  with- 
out a  full  knowledge  of  the  truth  of  the  facts  stated  therein 
and  with  intent  to  defraud  the  United  States,  and  every 
person  who  knowingly  purchases  or  receives  in  pledge  for 
;iny  obligation  or  indebtedness  from  any  soldier,  officer, 
sailor,  or  other  person  called  into  or  employed  in  the  mili- 
tary or  naval  service  any  arms,  equipments,  ammunition, 
clothes,'  military  stores,  or  other  public  property,  such 
soldier,  sailor,  officer,  or  other  person  not  having  the  lawful 
right  to  pledge  or  sell  the  same,  every  person  so  offending 
in  any  of  the  matters  set  forth  in  this  section  shall  be 
imprisoned  at  hard  labor  for  not  less  than  one  nor  more  than 
five  years,  or  fined  not  less  than  one  thousand  nor  more 
than  five  thousand  dollars. 

That  any  claim  agent,  attorney,  or  other  person  engaged    Mfty  21»  1872- 
in  the  collection  of  claims  for  pay,  bounty,  pension,  or    Penalty 
other  allowances  for  any  soldier,  sailor,  or  marine,  or  for 
any  commissioned  officer  of  the  military  or  naval  forces, 
who  may  have  been  a  soldier,  sailor,  marine,  or  officer  of  o   deliver 
the  regular  volunteer  forces  of  the  United  States,  and  lion- 
orably  discharged,  Avho  shall  retain,  without  the  consent  of 
the  owner  or  owners  thereof,  or  shall  refuse  to  deliver  or 
account  for  the  same  upon  demand  duly  made  by  the  owner 
or  owners  thereof,  or  by  their  agent  or  attorney,  the  dis- 
charge papers  or  laud  warrant  of  any  such  soldier,  sailor, 
or  marine,  or  commissioned  officer  which  may  have  been 
placed  in  his  .hands  for  the  purpose  of  collecting  said 
claims,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall, 
upon  conviction,  be  punished  by  fine  not  exceeding  five 
hundred  dollars  or   by  imprisonment  not  exceeding  six 
months,  or  both,  in  the  discretion  of  the  court,  and  shall 
thereafter  be  debarred  from  prosecuting  any  such  claim  in 
any  executive  department  of  the  Government. 


upon 
r  Detain- 


of 


SEC.  5486.  If  any  guardian,  having  the  charge  and  cus-  of 
tody  of  the  pension  of  his  ward,  shall  embezzle  the  same  in 
violation  -of  his  trust,  or  fraudulently  convert  the  same  to    Amended    by 
his  own  use,  he  shall  be  punished  by  a  fine  not  exceeding  act  Eeb-  10'  189i- 
two  thousand  dollars  or  imprisonment  at  hard  labor  for  a 
term  not  exceeding  five  years,  or  both,  at  the  discretion  of 
the  court. 


SEC.  5501.  livery  officer  of  the  United  States,  and  every 
person  acting  for  or  on  behalf  of  the  United  States  in  any  bribe 
official  capacity,  under  or  by  virtue  of  the  authority  of  any^jj^g'j.-j, 
Department  or  officer  of  the  Government  thereof,  and  every  is,  iseb;  jn'iy  is, 
officer  or  person  acting  for  or  on  behalf  of  either  House  of  1866;Ml 
Congress,  or  of  any  committee  of  either  House  or  of  both 
houses  thereof,  who  asks,  accepts,  or  receives  any  money 
or  any  contract,  promise,  undertaking,  obligation,  gratuity, 
or  security  for  the  payment  of  money,  or  for  the  delivery 
or  conveyance  of  anything  of  value,  with  intent  to  have 
his  decision  or  actioiv  on  any  question,  matter,  cause,  or 
proceeding  which  may,  at  any  time,  be  pending,  or  which 
may  be  by  law  brought  before  him  in  his  official  capacity, 


384   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

or  in  his  place  of  trust  or  profit,  influenced  thereby  shall  be 
punished  as  prescribed  in  the  preceding  section. 

uSrtlderjs°lte»  ^Ec>  &^1"  Every  person  who  promises,  offers,  or  gives, 
officer.  '  es  or  causes  or  procures  to  be  promised,  offered,  or  given,  any 
Ji3vaii33>  i866-moliey  or  other  thing  of  value,  or  makes  or  tenders  any 
July,  is/issG.  '  contract,  undertaking,  obligation,  gratuity,  or  security  for 
the  payment  of  money,  or  for  the  delivery  or  conveyance  of 
anything  of  value,  to  any  officer  of  the  United  States,  or  to 
any  person  acting  for  or  on  behalf  of  the  United  States  in 
any  official  function,  under  or  by  authority  of  any  Depart- 
ment or  officer  of  the  Government  thereof,  or  to  any  officer 
or  person  acting  for  or  on  behalf  of  either  House  of  Con- 
gress, or  any  committee  of  either  House  or  both  houses 
thereof,  with  intent  to  influence  his  decision  or  action  on 
any  question,  matter,  cause,  or  proceeding  which  may  at 
any  time  be  pending,  or  which  may  by  law  be  brought 
before  him  in  his  official  capacity,  or  in  his  place  of  trust  or 
profit,  or  with  intent  to  influence  him  to  commit  or  aid  in 
committing,  or  to  collude  in,  or  allow,  any  fraud,  or  make 
opportunity  for  the  commission  of  any  fraud,  on  the  United 
States,  or  to  induce  him  to  do  or  omit  to  do  any  act  in  vio- 
lation of  his  lawful  duty,  shall  be  punished  as  prescribed 
in  the  preceding  section. 

SEC.  1782.  No  Senator,  Eepresentative,  or  Delegate,  after 
his  election  and  during  his  continuance  in  office,  and  no 
head  of  a  Department  or  other  officer  or  clerk  in  the  employ 
of  the  Government,  shall  receive  or  agree  to  receive  any 
compensation  whatever,  directly  or  indirectly,  for  any  serv- 
ices rendered  or  to  be  rendered  to  any  person,  either  by 
himself  or  another,  in  relation  to  any  proceeding,  contract, 
claim,  controversy,  charge,  accusation,  arrest,  or  other  mat- 
ter or  thing  in  which  the  United  States  is  a  party,  or  directly 
or  indirectly  interested,  before  any  Department,  court-mar- 
tial, Bureau,  officer,  or  any  civil,  military,  or  naval  commis- 
sion whatever.  Every  person  offending  against  this  sec- 
tion shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
imprisoned  not  more  than  two  years  and  fined  not  more  than 
ten  thousand  dollars,  and  shall,  moreover,  by  conviction 
therefor,  be  rendered  forever  thereafter  incapable  of  hold- 
ing any  office  of  honor,  trust,  or  profit  under  the  Govern- 
ment of  the  United  States. 

le™8"*!  inc.      SEC.  117().  Every  soldier  of  the  Union  Army  who  was 
Artificial  Limbs  ruptured  while  in  the  line  of  duty  during  the  war  for  the 
suppression  of  the  rebellion,  is  entitled  to  receive  a  single 
or  double  truss,  of  such  style  as  maybe  designated  by  the 
Surgeon-General,  as  best  suited  for  his  disability. 
n  for  .  1177.  Application  for  such  truss  shall  be  made  by 


soo  same  8ocM  the  ruptured  soldier  to  an  examining  surgeon  for  pensions, 
limbs.*1  whose  duty  it  shall  be  to  examine  the  applicant,  and  when 

found  to  have  a  ruptured  hernia  to  prepare  and  forward  to 
the  Surgeon-General  an  application  for  such  truss  without 
charge  to  the  soldier. 


PENSION    LAWS    NOW    IN    FORCE. 


385 


PENSION  LAWS  NOW  IN  FORCE. 


An.  Act. 

Juno  6, 1874.  Special-act  pensions  equal-     Jan.    3,1887. 

ized. 
Juno  18, 1874.  Increasing  pensions  of  to-     Jan.  29,1887. 

tally  disabled  soldiers  and 

sailors.  Jan.  29,1887. 

June  18, 1874.  Loss  of  arm  at  or  above 

elbow:  leg   at   or    above 

knee.  Juno  7, 1888. 

Aug.  15, 1876.  Artificial  limbs  to  disabled 

soldiers  and  seamen  and     Aug.  14,  1888. 

transportation. 
Feb.  27, 1877.  Officers  and  men  who  have 

lost   limbs,   etc.,   certain 

benefits  for. 
Feb.  28, 1877.  Lost  one  hand  or  one  foot,      Aug.  27, 1888. 

or  totally   disabled  in 

both— $36  per  month.  Feb.  12.  1889. 

Mar.   3, 1877.  Equalizing  pensions  of  cer-      Mar.    4.1890. 

tain  officers  in  the  Navy.     Juno  27, 1890. 
Mar.  3, 1877.  Removal  of   disability    i  n     June  30, 1890. 

certain  cases.  Aug.  29, 1890. 

June  17, 1878.  Increasing  pensions  to  $72 

per  month  for  loss  of  both 

hands    or  both   feet,    or 

sight  of  both  eyes.  Feb.  10, 1891. 

Jan.  25, 1879.  Pensions   shall    commence 

from  date  of  the  death  or     Mar.    3, 1891. 

discharge  from  the  serv- 
ice. 
Mar.  3, 1879.  Loss    of  both    hands,  both 

feet,  sight  of  both  eyes. 
Mar.   3,1879.  Amputation  of  leg  at  hip     Mar.    3,1891. 

joint.  i  July  14, 1892. 

June  16, 1880.  Totally  disabled. 
Feb.  26, 1881.  Regulating     payment    o  f  |  July  27, 1892. 

pensions    to    inmates    of 

National  Soldiers'  Home. 
Aug.  7, 1882.  Payment  of  pension  to  Na-     Aug.  1, 1892. 

tional  Home,  when . 
Feb.  28, 1883.  Any  pledge  or  transfer  of 

pension  void. 
Mar.  3,1883.  Increase  of  pension  of  sol-     Dec.  21,1893, 

die rs  and  sailors  who  have 

lost  an  arm  or  a  leg  in  i 

service.  1  Aug.  23, 1894, 

Apr.  18, 1884.  A  felony  for  a  person  to  ! 

falsely  assume  to  be  an 

officer    of    the    United     Mar.    2,189; 

States. 
Mar.  3, 1885.  Pensions  for  loss  of  arm  at     Mar.  13, 1896. 

shoulder  joint. 
Mar.  19, 1886.  Increase  of  pension    to     May  28, 1896. 

widows     and    dependent 

relatives. 
Aug.  4, 1886.  Lost  one  hand  or  one  foot, 

or  an  arm  or  leg. 


Survivors  of  the  wrecked 
steamer  Jeannette. 

Pensions  to  soldiers  and 
sailors  of  Mexican  war. 

Relief  of  the  sufferers  by 
the  wreck  of  the  U.  S.  S. 
Ashuelot. 

Commencement  of  widow's 
pension. 

To  relieve  certain  appointed 
or  enlisted  men  of  the 
Navy  and  Marine  Corps 
from  the  charge  of  deser- 
tion. 

Deafness,  pension  there- 
for. 

Loss  of  both  hands. 

Totally  disabled. 

Dependent  parents. 

Army  and  Navy  pensions. 

Government  employees  in 
Departments  shall  n  o  t 
take  fees  for  administer- 
ing oaths,  etc. 

Embezzlement  of  pension 
money. 

Navy  pensions  to  be  paid 
from  income  of  Navy, 
etc.,  and  no  officer  on  ac- 
tive or  retired  list  shall  be 
paid  a  pension. 

Artificial  limbs. 

Intermediate  rate  between 
$72  and  $30  per  month. 

Desertion,  limitation  as  to 
filing  application  for  re- 
moval. 

Pensions  t  o  soldiers  and 
sailors  in  certain  cases 
allowed  though  they  had 
engaged  in  rebellion. 

Pension  not  to  be  withheld 
or  suspended  until  after 
due  notice. 

Vouchers  may  be  executed 
before  fourth-class  post- 
masters. 

Accrued  pensions,  how  and 
to  whom  paid. 

Death  presumed  from  ab- 
sence. 

Masters,  mates,  pilots,  and 
engineers  to  have  same 
pension  rights  as  soldiers 
and  sailors  in  certain 
cases. 


That  all  persons  entitled  to  pensions  under  special  acts   Juite  6> 


fixing  the  rate  of  such  pensions,  and  now  receiving  or    seo  sec.  4720, 

entitled  to  receive  a  less  pension  than  that  allowed  by  the  Rspeciai-actPen- 

general  pension  laws  under  like  circumstances,  are,  in  lieu  sions  equalized. 

of  their  present  rate  of  pension,  hereby  declared  to  be 

entitled  to  the  benefits  and  subject  to  the  limitations  of  the 

general  pension  laws,  entitled,  "An  act  to  revise,  consolidate, 

and  amend  the  laws  relating  to  pensions,  "approved  March 

third,  eighteen  hundred  and  seventy-three;  and  that  this  act 

go  into  effect  from,  and  after  its  passage  :  Provided,  That  this 

act  shall  not  be  construed  to  reduce  any  pension  granted 

by  special  act. 

That  section  four  of  the  act  entitled  "An  act  to  revise,  Ju"e  18>  1874« 
consolidate,  and  amend  the  laws  relating  to  pensions/'  and    increasing 
approved  March  third,  eighteen  hundred  and  seventy-three,  taUydSabJedsoi". 
be  so  amended  that  all  persons  who,  while  in  the  military  dieis  and  sailors. 
376  -  25 


386       LAWS   RELATING    TO   THE    NAVY,  MARINE    CORPS,  ETC. 

see  sees.  4697,  or  naval  service  of  the  United  States,  and  in  the  line  of 
46see?mSe'miment  duty,  shall  have  been  so  permanently  and  totally  disabled 
act  June  16,  isso.  as  ^o  squire  ^ne  regular  personal  aid  and  attendance  of 
another  person,  by  the  loss  of  the  sight  of  both  eyes  or  by 
the  loss  of  the  sight  of  one  eye,  the  sight  of  the  other  hav- 
ing been  previously  lost,  or  by  the  loss  of  both  hands,  or 
by  the  loss  of  both  feet,  or  by  any  other  injury  resulting  in 
total  and  permanent  helplessness,  shall  be  entitled  to  a  pen- 
sion of  fifty  dollars  per  month;  and  this  shall  be  in  lieu  of 
a  pension  of  thirty-one  dollars  and  twenty-five  cents  per 
month  granted  to  such  person  by  said  section  :  Provided, 
That  the  increase  of  pension  shall  not  be  granted  by  reason 
of  any  of  the  injuries  herein  specified,  unless  the  same  shall 
have  resulted  in  permanent,  total  helplessness,  requiring 
the  regular  personal  aid  and  attendance  of  another  person. 
SEC.  2.  That  this  act  shall  take  effect  from  and  after  the 
fourth  day  of  June,  eighteen  hundred  and  seventy  four. 
June  is,  1874.      That  all  persons  who  are  now  entitled  to  pensions  under 
see  sees.  4697,  existing  laws,  and  who  have  lost  either  an  arm  at  or  above 
at  the  elbow,  or  a  leg  at  or  above  the  knee,  shall  be  rated  in 
^e  secon<l  class?  and  shall  receive  twenty-four  dollars  per 
month  :  Provided,  That  no  artificial  limbs,  or  commutation 
therefor,  shall  be  furnished  to  such  persons  as  shall  be 
entitled  to  pensions  under  this  act. 

SEC.  2.  That  this  act  shall  take  effect  from  and  after  the 

fourth  day  of  June,  eighteen  hundred  and  seventy-four. 

Aug.  is,  1876.      That  every  officer,  soldier,  seaman  and  marine,  who,  in 

see  sees.  4787,  the  line  of  duty,  iii  the  military  or  naval  service  of  the  United 

479?;  R?8s.'  479°'  States,  shall  have  lost  a  limb,  or  sustained  bodily  injuries, 

toAdiMbiedi™oi8  Depriving  him  °f  *ne  use  °f  auy  °f  hi8  limbs,  shall  receive 

dferowd'seamen*.  once  e  very  five  years  an  artificial  limb  or  appliance,  or  com- 

mutation therefor,  as  provided  and  limited  by  existing  laws, 

under  such  regulations  as  the  Surgeon-General  of  the  Army 

may  prescribe;  and  the  period  of  five  years  shall  be  held 

to  commence  with  the  filing  of  the  first  application  after 

the  seventeenth  day  of  June,  in  the  year  eighteen  hundred 

and  seventy. 

Transportation.  SEC  2.  That  necessary  transportation  to  have  artificial 
limbs  fitted  shall  be  furnished  by  the  Quartermaster-Gen- 
eral of  the  Army,  the  cost  of  which  shall  be  refunded  out 
of  any  money  appropriated  for  the  purchase  of  artificial 
limbs:  Provided,  That  this  act  shall  not  be  subject  to  the 
provisions  of  an  act  entitled  "An  act  to  increase  pensions," 
approved  June  eighteenth,  eighteen  hundred  and  seventy- 
four. 

Feb.  27,  1877.      That  for  the  purpose  of  correcting  errors  and  supplying 
Certain  pn,.  omissions  in  the  act  entitled  "An  act  to  revise  and  consoli- 
the  statutes  of  the  United  States  in  force  on  the  first 
of  ^ecember?  anil<>  Domini  one  thousand  eiglit  hundred 
seventy-three,"  so  as  to  make  the  same  truly  express 
Navy-  such  laws,  the  following  amendments  are  hereby  made 

therein  : 


4?7°  ™' 


Section  forty-seven  hundred  and  seventy  is  struck  out. 


PENSION   LAWS   NOW   IN   FORCE.  38? 

Section  forty-  seven  hundred  and  eighty-seven  is  amended    s  e  °  •    4  7  s  7 
by  adding  at  the  end  of  the  section  the  following: 

u  The  provisions  of  this  section  shall  apply  to  all  officers,  LS!M  !  :     Mar'  3' 
non-cominissioned  officers,  enlisted  and  hired  men  of  the;.  ^    Artificial 
land  and  naval  forces  of  the  United  States,  who,  in  the  line 
of  their  duty  as  such,  shall  have  lost  limbs  or  sustained 
bodily  injuries  depriving  them  of  the  use  of  any  of  their 
limbs,  to  be  determined  by  the  Surgeon-General  of  the 
Army;  and  the  term  of  five  years  herein  specified  shall  be47^e  |J™-  4Jffi 
held  to  commence  in  each  case  with  the  filing  of  the  appli-  it.s! 
cation  for  the  benefits  of  this  section.  " 

Section  forty^seven  hundred  and  ninety  is  amended  by    See   Artificial 
inserting,  in  the  second  line,  after  the  word  "  rebellion"  the  lm  s>etc< 
words  "  or  is  entitled  to  the  benefits  of  section  forty  seven 
hundred  and  eighty-seven." 

Section  forty-  seven  hundred  and  ninety-one  is  amended 
by  adding  at  the  end  of  the  section  the  following  : 

"The  transportation  allowed  for  having  artificial  liinbs^Jj  efcrtificial 
fitted  shall  be  furnished  by  the  Quartermaster-General  of  " 
the  Army,  the  cost  of  which  shall  be  refunded  from  the 
appropriations  for  invalid  pensions." 

******* 

That  all  persons  who,  while  in  the  military  or  naval  Feb.  2s,  is??. 
service  of  the  United  States,  and  in  the  line  of  duty,  shall    see  sees.  469?, 
have  lost  one  hand  and  one  foot,  or  been  totally  and  per-'46^-^e  haud 
uianently  disabled  in  botb,  shall  be  entitled  to  a  pension  or  one  foot  or  to- 
for  each  of  such  disabilities,  and  at  such  a  rate  as  is  pro-boS,d$836l6per 
vided  for  by  the  provisions  of  the  existing  laws  for  each  mont'h- 
disability  :  Provided,  That  this  act  shall  not  be  so  construed 
as  to  reduce  pensions  in  any  case. 

That  from  and  after  the  passage  of  this  act,  the  pension  Mar.  3,  is?  7. 
for  total  disability  of  passed  assistant  engineers,  assistant  see  sec.  4095, 
engineers,  and  cadet  engineers  in  the  naval  service,  respec-  E'f  quaiizing 
tively,  shall  be  the  same  as  the  pensions  allowed  to  officers  pensions  of  cer- 
of  the  line  in  the  naval  service  with  whom  they  have  rela-  theVa^cers  iu 
tive  rank  ;  and  that  all  acts  or  parts  of  acts,  inconsistent  Passed  assist- 
herewith  be,  and  are  hereby,  repealed.  SSXlSSS6*" 

That  the  law  prohibiting  the  payment  of  any  money  on   Mar.  3,18??. 
account  of  pensions  to  any  person,  or  to  the  widow,  chil-    see  sec.  4716, 
dren,  or  heirs  of  any  deceased  person,  who,  in  any  manner,  RRe'mo 
engaged  in  or  aided  or  abetted  the  late  rebellion  against  ability0 
the  authority  of  the  United  States,  shall  not  be  construed  l 
to  apply  to  such  persons  as  afterward  voluntarily  enlisted  Navy  cases. 
in  the  Army  of  the  United  States,  and  who,  while  in  such 
service,  incurred  disability  from  a  wound  or  injury  received 
or  disease  contracted  in  the  line  of  duty. 

That  on  and  after  the  passage  of  this  act,  all  soldiers  and  Jnnei?,i8?s. 
sailors  who  have  lost  either  both  their  hands  or  both  their    increasing 
feet  or  the  sight  of  both  eyes  iu  the  service  of  the  United  K^SLtt  for 


or 
States,  shall  receive,  in  lieu  of  all  pensions  now  paid  them  loss  of  both 

by  the  Government  of  the  United  States,  and  there 
be  paid  to  them,  in  the  same  manner  as  pensions  ar 
paid  to  such  persons,  the  sum  of  seventy-two  dollars  per  ml  *-R™?' 

xue^VtM 
1879.    See  act  June  16,  1880. 


388       LAWS   RELATING    TO    THE    NAVY,  MARINE    COUPS,  ETC. 

j«n.  25,  1879.      That  all  pensions  which  have  been  granted  under  the 

when  pensions  general  laws  regulating  pensions,  or  may  hereafter  be 

8hseeC8™cmer7oo  granted,  in  consequence  of  death  from  a  cause  which  orig- 

R.  s.,  now  re'  mated  in  the  United  States  service  during  the  continuance 

peseednote  i.       of  the  late  war  of  the  rebellion,  or  in  consequence  of  wounds, 

injuries,  or  disease  received  or  contracted  in  said  service 

during  said  Avar  of  the  rebellion,  shall  commence  from  the 

date  of  the  death  or  discharge  from  said  service  of  the  per- 

son on  whose  account  the  claim  has  been  or  shall  hereafter 

be  granted,  or  from  the  termination  of  the  right  of  the 

party  having  prior  title  to  such  pension:  I^rovidcfl,  The 

rate  of  pension  for  the  intervening  time  for  which  arrears 

of  pension  are  hereby  granted  shall  be  the  same  per  month 

for  which  the  pension  was  originally  granted. 

SEC.  2.  That  the  Commissioner  of  Pensions  is  hereby 
authorized  and  directed  to  adopt  such  rules  and  regula- 
tions for  the  payment  of  the  arrears  of  pensions  hereby 
granted  as  will  be  necessary  to  cause  to  be  paid  to  such 
pensioner,  or,  if  the  pensioner  shall  have  died,  to  the  per- 
son or  persons  entitled  to  the  same,  all  such  arrears  of  pen- 
sion as  the  pensioner  may  be,  or  would  have  been,  entitled 
to  under  this  act. 

Sec.  4717,  R.  s.,  SEC.  3.  That  section  forty-seven  hundred  and  seventeen 
.of  the  Revised  Statutes  of  the  United  States,  which  pro- 
vides that  "no  claim  for  pension  not  prosecuted  to  a  sue 
cessful  issue  within  five  years  from  the  date  of  filing  the 
same  shall  be  admitted  without  record  evidence  from  the 
War  or  Navy  Department  of  the  injury  or  the  disease  which 
resulted  in  the  disability  or  death  of  the  person  on  whose 
account  the  claim  is  made:  Provided,  That  in  any  case  in 
which  the  limitation  prescribed  by  this  section  bars  the 
further  prosecution  of  the  claim,  the  claimant  may  present, 
through  the  Pension  Office,  to  the  Adjutant-General  of  the 
Army  or  the  Surgeon-General  of  the  Navy,  evidence  that 
the  disease  or  injury  which  resulted  in  the  disability  or 
death  of  the  person  on  whose  account  the  claim  is  made 
originated  in  the  service  and  in  the  line  of  duty;  and  if 
such  evidence  is  deemed  satisfactory  by  the  officer  to  whom 
it  may  be  submitted,  he  shall  cause  a  record  of  the  facts  so 
proved  to  be  made,  and  a  copy  of  the  same  to  be  trans 
mitted  to  the  Commissioner  of  Pensions,  and  the  bar  to  the 
prosecution  of  the  claims  shall  thereby  be  removed,"  be, 
and  the  same  is  hereby,  repealed. 

4769  \m*R  4s68'  ^B0*  ^*  -^°  claim-agent  °r  other  person  shall  be  entitled 
to  receive  any  compensation  for  services  in  making  appli- 
cation for  arrears  of  pension. 

SEC.  5.  That  all  act  or  parts  of  acts  so  far  as  they  may 
conflict  with  the  provisions  of  this  act  be,  and  the  same  are 
hereby,  repealed. 

M»r.  a,  1879.  That  the  act  of  June  seventeenth,  eighteen  hundred  and 
LOBS  of"  both  seven  ty-ei;rht,  entitled  "An  act  to  increase  the  pensions  of 
certain  soldiers  and  sailors  who  have  lost  both  their  hands 


Notel.—  Arrears  of  pension-.  Not  clnetoanoxccutoi  m  administrator,  if  not  applied 
for  by  ;i  pensioner;  nor  to  a  minor  if  never  applied  for  by  the  soldier;  not1  to  a  widow 
during  the  period  the  soldier  was  living,  when  he  made  no  application  therei'or.  (Pen- 


sion Office  Decisions,  p.  187.) 


PENSION   LAWS   NOW   IN    FORCE.  389 

or  both  their  feet,  or  the  sight  of  both  eyes,  in  the  service  18?|eaCpf  n"e17' 
of  the  country,"  be  so  construed  as  to  include  all  soldi ers4697,;  4698,  R°CSS- 
and  sailors  who  have  become  totally  blind  from  causes  Jgg0act  June  16> 
occurring  in  the  service  of  the  United  States. 

That  all  pensioners  now  on  the  pension-rolls,  or  who  may    Mar«  8»  187^« 
hereafter  be  placed  thereon,  for  amputation  of  either  leg  at    see  sees.  4097, 
the  hip  joint,  shall  receive  a  pension  at  the  rate  of  thirty- 4G^^usj-ation  of 
seven  dollars -and  fifty  cents  per  month  from  the  date  of  i«g  at  hip  joint. 
the  approval  of  this  act.  3. See  notes  2  and 

That  all  soldiers  and  sailors  who  are  now  receiving  a  jnne  10,  isso. 
pension  of  fifty  dollars  per  month,  under  the  provisions  of    Totally  dis- 
an  act  entitled  "An  act  to  increase  the  pension  of  soldiers  abied. ' 
and  sailors  who  have  been  totally  disabled,"  approved  June  4698,eR8es.8'  46&7' 
eighteenth,  eighteen  hundred  and  seventy-four,  shall  re- 
ceive, in  lieu  of  all  pensions  now  paid  them  by  the  Govern- 
ment of  the  United  States,  and  there  shall  be  paid  them  in 
the  same  manner  as  pensions  are  now  paid  to  such  persons, 
the  sum  of  seven ty-two  dollars  per  month. 

SEC.  2.  All  pensioners  whose  pensions  shall  be  increased   Seeact  June  is, 
by  the  provisions  of  this  act  from  fifty  dollars  per  month  to  1379 -act  June i?,' 
seventy-two  dollars  per  month  shall  be  paid  the  difference  18Extendin 
between  said  sums  monthly,  from  June  seven  teen  th,eighteen  vision?  o?  Pact 
hundred  and  seventy -eight,  to  the  time  of  the  taking  effect Mar<  4)  1890t 
of  this  act. 

####### 

SEC.  2.  All  pensions  payable,  or  to  be  paid  under  this  act,  Feb.  ae,  issi. 
to  pensioners  who  are  inmates  of  the  National  Home  for    Regulating 
Disabled  Volunteer  Soldiers,  shall  be  paid  to  the  treasurer  p.ayment  .°f  pen- 

„       .  -.  ,  F  .      sions  to  inmates 

or  treasurers  of  said  home,  upon  security  given  to  the  satis-  of  National  Sol- 
faction  of  the  managers,  to  be  disbursed  for  the  benefit  ofdi|re8e'a^t°^g  7) 
the  pensioners  without  deduction  for  fines  or  penalties  under  i882;  ai  so  act 
regulations  to  be  established  by  the  managers  of  the  home; Mar'3' 1883' 
said  payment  to  be  made  by  the  pension  agent  upon  a  cer- 
tificate of  the  proper  officer  of  the  home  that  the  pensioner 
is  an  inmate  thereof  and  is  still  living.     Any  balance  of  the 
pension  which  may  remain  at  the  date  of  the  pensioner's 
discharge  shall  be  paid  over  to  him ;  and  in  case  of  his  death 
at  the  home,  the  same  shall  be  paid  to  the  widow,  or  children, 
or  in  default  of  either  to  his  legal  representatives. 

#####•** 
Provided,,  That  in  addition  to  the  persons  now  entitled   Aug.  7, 1882. 
to  admission  to  said  hospital,  any  inmate  of  the  National    22  stat.  i,.,  330. 
Home  for  Disabled  Volunteer  Soldiers,  who  is  now  or  may  penfioiTto"  Na- 
hereafter  become  insane  shall,  upon  an  order  of  the  presi-^J^*1  Home« 
dent  of  the  board  of  managers  of  the  said  National  Home,  w 
be  admitted  to  said  hospital  and  treated  therein ;  and  if 
any  inmate  so  admitted  from  said  National  Home  is  or 
thereafter  becomes  a  pensioner,  and  has  neither  wife,  minor 
child,  nor  parent  dependent  on  him,  in  whole  or  in  part,  for 
support,  his  arrears  of  pension  and  his   pension  money 
accruing  during  the  period  he  shall  remain  in  said  hospital 
shall  be  applied  to  his  support  in  said  hospital,  and  be  paid 

Note  2.— When  an  officerof  the  Navy  dies  of  disease  contracted  wbile  on  the  retired 
list  his  widow  is  not  entitled  to  n  pension.     (Pension  Office  Digest,  p.  158.) 
Note  3. — Dishonorable  discharge  does  not  forfeit  soldier's  right  to  pension. 


390       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

over  to  the  proper  officer  of  said  institution  for  the  general 
uses  thereof. 

Feb.  28,  1883.  SEC.  2.  That  section  forty-seven  hundred  and  forty-five, 
AUJ  pledge  or  title  fifty-seven  of  the  Re  vised  Statutes  of  the  United  States 
sion  void  °f  pen  is  hereby  amended  to  read  as  follows : 
Amended5' 923'  ^EC*  4tf45.  Any  pledge,  mortgage,  sale,  assignment,  or 
transfer  of  any  right,  claim,  or  interest  in  any  pension  which 
has  been,  or  may  hereafter  be,  granted,  shall  be  void  and 
of  no  effect,  and  any  person  who  shall  pledge,  or  receive 
as  a  pledge,  mortgage,  sale,  assignment  or  transfer  of  any 
right,  claim,  or  interest  in  any  pension,  or  pension  certifi- 
cate, which  has  been  or  may  hereafter  be  granted  or  issued, 
or  who  shall  hold  the  same  as  collateral  security  for  any 
debt,  or  promise,  or  upon  any  pretext  of  such  security,  or 
Penalties.  promise,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  in  a  sum  not  exceeding  one 
hundred  dollars  and  the  costs  of  the  prosecution;  and  any 
person  who  shall  retain  the  certificate  of  a  pensioner  and 
refuse  to  surrender  the  same  upon  the  demand  of  the  Com- 
missioner of  Pensions,  or  a  United  States  pension  agent, 
or  any  other  person  authorized  by  the  Commissioner  of 
Pensions,  or  the  pensioner,  to  receive  the  same  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  in  a  sum  not  exceeding  one  hundred  dollars  and 
the  costs  of  the  prosecution. 

Mar.  3, 1888.       That  from  and  after  the  passage  of  this  act  all  persons  on 

increase  of  pen  the  pension-roll,  and  all  persons  hereafter  granted  a  pension, 

an°d  s°4or81(\vlo  wno?  while  in  the  military  or  naval  service  of  the  United 

have  lost  an  arm  States,  and  in  the  line  of  duty,  shall  have  lost  one  hand  or 

'e'  one  foot,  or  been  totally  or  permanently  disabled  in  the  same, 

or  otherwise  so  disabled  as  to  render  their  incapacity  to 

caE2dtvalent  in  Perf°rm  manual  labor  equivalent  to  the  loss  of  a  hand  or  a 

foot,  shall  receive  a  pension  of  twenty-four  dollars  per  month ; 

that  all  persons  now  on  the  pension-roll,  and  all  persons 

hereafter  granted  a  pension,  who  in  like  manner  shall  have 

LOS  s  of  arm  \o^  either  an  arm  at  or  above  the  elbow,  or  a  leg  at  or  above 

above  elbow,   or  , ,       ,  .. .      P,     _  , 

leg  above  the  the  knee,  or  shall  have  been  otherwise  so  disabled  as  to  be 
incapacitated  for  performing  any  manual  labor,  but  not  so 
much  as  to  require  regular  personal  aid  and  attendance, 
Proviso.  shall  receive  a  pension  of  thirty  dollars  per  mouth :  Pro- 
vided, That  nothing  contained  in  this  act  shall  be  construed 
to  repeal  section  forty-six  hundred  and  ninety  nine  of  the 
Revised  Statutes  of  the  United  States,  or  to  change  the 
rate  of  eighteen  dollars  per  month  therein  mentioned  to  be 
proportionately  divided  for  any  degree  of  disability  estab- 
lished for  which  section  forty-six  hundred  and  ninety-five 
makes  no  provision. 

_4pr.  is,  1884.       T\\&t  every  person  who,  with  intent  to  defraud  either 
.the  United  States  or  any  person,  falsely  assumes  or  pre- 
T>o  "n  tends  to  be  an  officer  or  employe*  acting  under  the  author- 
ut?.*^  of  tlie  Ullited  States,  or  any  Department  or  any  officer 
therefor',  of  the  Government  thereof,  and  who  shall  take  upon  him- 
self to  act  as  such,  or  who  shall  in  such  pretended  charac- 
ter demand  or  obtain  from  any  person  or  from  the  United 
States,  or  any  Department,  or  any  officer  of  the  Govern- 
ment thereof,  any  money,  paper,  document,  or  other  valu- 


PENSION  LAWS  NOW  IN  FORCE.  391 

able  tiling,  shall  be  deemed  guilty  of  felony,  and  shall,  on 
conviction  thereof,  be  punished  by  a  fine  of  not  more  than 
one  thousand  dollars,  or  imprisonment  not  longer  than 
three  years,  or  both  said  punishments,  in  the  discretion  of 
the  court. 

That  all  soldiers  and  sailors  of  the  United  States  who  Mar,  a,  isss. 
have  had  an  arm  taken  off  at  the  shoulder-joint,  caused  soldiers  and 
by  injuries  received  in  the  service  of  their  country  while  state?  °f  Uuited 
in  the  line  of  duty,  and  who  are  now  receiving  pensions,  Pension  here- 
shall  have  their  pensions  increased  to  the  same  amoimtJ^atshSaaer 
that  the  law  now  gives  to  soldiers  and  sailors  who  BaveJagifJrt100^8°0fanie 
lost  a  leg  at  the  hip-joint ;  and  this  act  shall  apply  to  all  at  hip  joint?  eg 
who  shall  be  hereafter  placed  on  the  pension-roll. 

That  from  and  after  the  passage  of  this  act  the  rate  of  Mar-  HM88«« 
pension  for  widows,  minor  children,  and  dependent  rela-    increase  pen- 
tives  now  on  the  pension-roll,  or  hereafter  to  be  placed  on^nd  Dependent 
the  pension-roll,  and  entitled  to  receive  a  less  rate  than^^es. 
hereinafter  provided,  shall  be  twelve  dollars  per  month  ;0f  an  amendment 

and  nothing  herein  shall  be  construed  to  affect  the  existing  f°secs;  g!5  }P- 
/>  ±-       i  n  ±1   />          -i     -i  •-!  -i       i     *"/i ant*  4707  ip- 

allowance  of  two  dollars  per  month  for  each  child  under  12),  n.  s. 

the  age  of  sixteen  years:  Provided,  That  this  act  shall27Si89o.act  June 
apply  only  to  widows  who  were  married  to  the  deceased 
soldier  or  sailor  prior  to  its  passage  and  to  those  who  may 
hereafter  marry  prior  to  or  during  the  service  of  the  soldier 
or  sailor.  And  all  acts  or  parts  of  acts  inconsistent  with 
the  provisions  of  this  act  are  hereby  repealed. 

SEC.  2.  That  no  claim  agent  or  attorney  shall  be  recog- 
nized in  the  adjudication  of  claims  under  this  act,  nor  shall 
any  such  person  be  entitled  to  receive  any  compensation 
whatever  for  services  or  pretended  services  in  making  ap- 
plications thereunder. 

That  from  and  after  the  passage  of  this  act  all  persons   Aug.  4,  isse. 
on  the  pension-rolls,  and  all  persons  hereafter  granted  a    Lost  one  hand 
pension,  who,  while  in   the  military  or  naval  service  OI*aJmorie0torau 
the  United  States  and  in  line  of  duty,  shall  have  lost  aiseer  see.'  4698, 
one  hand  or  one  foot,  or  been  totally  disabled  in  the  same,  ^eudmentl01  ^s 
shall  receive  a  pension  of  thirty  dollars  a  month;  that  all  follows:  Acts  of 
persons  now  on  the  pension-rolls,  and  all  persons  hereafter  J"b61  Is!87 \kii\ 
granted  a  pension,  who  in  like  manner  shall  have  i^^B317v879187|' 
either  an  arm  at  or  above  the  elbow  or  a  leg  at  or  above  June  "is,    isso! 
the  knee,  or  been  totally  disabled  in  the  same,  shall  receive  ^  jj.  ™®>  and 
a  pension  of  thirty-six  dollars  per  month;  and  that  all  per- 
sons now  on  the  pension-rolls,  and  all  persons,  hereafter 
granted  a  pension  who  in  like  manner  shall  have  lost  either 
an  arm  at  the  shoulder-joint  or  a  leg  at  the  hip-joint,  or  so 
near  the  joint  as  to  prevent  the  use  of  an  artificial  limb, 
shall  receive  a  pension  at  the  rate  of  forty-five  dollars  per 
month;  Provided,  That  nothing  contained  in  this  act  shall    Provi8°- 
be  construed  to  repeal  section  forty- six  hundred  and  ninety- 
nine  of  the  Revised  Statutes  of  the  United  States,  or  to 
change  the  rate  of  eighteen  dollars  per  month  therein  men- 
tioned to  be  proportionately  divided  for  any  degree  of  dis- 
ability established  for  which  section  forty-six  hundred  and 
ninety-five  makes  no  provision. 


392   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Jan.  3, 1887.        SEC.  2.  That  the  twenty-third  day  of  March,  eighteen 
Survivors     of  hundred  and  eighty-two,  being  the  date  of  finding  the  re- 
I5((l;.ini'is;;;t'(/|;^;linainsofthe  commanding  officer  and  others  of  the  said  ex- 
pedition, shall  be  deemed  and  taken  to  be  the  date  of  the 
or'nlli™™1™™™  decease  of  the  following  named  officers  and  enlisted  men 
,!,,,,„  (i  tfar.  -j:t,  of  the  expedition,  who  lost  their  lives  in  the  retreat  from 
the  wreck  of  the   said  steamer  Jeannette,  namely:  Lieu- 
tenant-Commander George  W.DeLong;  Lieutenant  Charles 
\V.  Chipp;  Passed  Assistant- Surgeon  James  M.  Ambler  j 
Jerome   J.  Collins,   meteorologist;   William  Dunbar,   ice 
pilot;  Walter  Lee,  machinist 5  Heurick  H.  Knack,  Carl  A. 
Gortz,  Adolph  Bressler,  Hans  H.  Erichsen,  Ah  8am,  Alfred 
Sweetman,  Henry  D.  Warren,  Peter  E.  Johnson,  Edward 
Star,   and  Albert  G.  Kuehne,  seamen;    Nelson  Iverson, 
George  W.  Boyd,  and  Walter  Sharvill,  coal-heavers;  and 
seaman  Alexy. 
Amount  herein     gEC.  3.    *     *     *     Provided,  further.   That  in  any  case 

appropriated     to      ,  ,  ,     ,,  •          i          i  -i 

be dedacted from  where  heretofore  a  pension  has  been  granted,  or  mayhere- 
pension.  after  in   fact  be  granted,  to  any  such  widow,  child,  or 

dependent  parent,  by  reason  of  the  death  of  any  of  the 
persons  named  in  the  second  section  of  this  act,  in  the 
payment  of  such  pension  account  shall  be  taken  of  any 
sum  paid  under  this  act,  and  to  the  extent  of  its  amount 
said  .sum  shall  be  in  lieu  and  stead  of  such  pension,  and 
no  further. 

Jan.  29, 1887.  That  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 
Pension s to soi-  authorized  and  directed  to  place  on  the  pension-roll  the 
o" Mexican*"!!™ liaines  of  the  surviving  officers  and  enlisted  men,  including 
who  entitled.'  'marines,  militia,  and  volunteers,  of  the  military  and  naval 
services  of  the  United  States,  who  being  duly  enlisted, 
actually  served  sixty  days  with  the  Army  or  Navy  of  the 
United  States  in  Mexico,  or  on  the  coasts  or  frontier  thereof, 
or  en  route  thereto,  in  the  war  with  that  nation,  or  were 
actually  engaged  in  a  battle  in  said  war,  and  were  honor- 
ably discharged,  and  to  such  other  officers  and  soldiers  and 
sailors  as  may  have  been  personally  named  in  any  resolution 
of  Congress  for  any  specific  service  in  said  war,  and  the 
surviving  widow  of  such  officers  and  enlisted  men:  Pro- 
vided, That  such  widows  have  not  remarried:  Provided, 
That  every  such  officer,  enlisted  man,  or  widow  who  is  or 
may  become  sixty-two  years  of  age,  or  who  is  or  may  become 
subject  to  any  disability  or  dependency  equivalent  to  some 
cause  prescribed  or  recognized  by  the  pension  laws  of  the 
United  States  as  a  sufficient  reason  for  the  allowance  of  a 
pension,  shall  be  entitled  to  the  benefits  of  this  act;  but  it 
shall  not  be  held  to  include  any  person  not  within  the  rule 
of  age  or  disability  or  dependence  herein  defined,  or  who 
incurred  such  disability  while  in  any  manner  voluntarily 
engaged  in  or  aiding  or  abettiug  the  late  rebellion  against 
the  authority  of  the  United  States. 

Kj.to  of  ,„.„.  SEC.  L\  That  pensions  under  section  one  of  this  act  shall 
be  at  the  rate  of  eight  dollars  per  month,  and  payable  only 
from  and  after  the  passage  of  this  act,  for  and  during  the 
natural  lives  of  the  persons  entitled  thereto,  or  during  the 
continuance  of  the  disability  for  \\hich  the  same  shall  be 
granted:  Provided,  That  section  one  of  this  act  shall  not 


PENSION    LAWS   NOW    IN    FORCE.  393 

apply  to  any  person  who  is  receiving  a  pension  at  the  rate 
of  eight  dollars  per  month  or  more,  nor  to  any  person  re- 
ceiving a  pension  of  less  than  eight  dollars  per  month,  ex- 
cept for  the  difference  between  the  pension  now  received 
(if  less  than  eight  dollars  per  month)  and  eight  dollars  per 
month. 

SEC.  3.  That  before  the  name  of  any  person  shall  be  placed  ulJ*J^  and  ree- 
on  the  pension -roll  under  this  act,  proof  shall  be  made,  under  prescribed  bythe 
such  rules  and  regulations  as  the  Secretary  of  the  Interior ggJJ^y  of  In- 
may  prescribe,  of  the  right  of  the  applicant  to  a  pension; 
and  any  person  who  shall  falsely  and  corruptly  take  any    False  oath  to  be 
oath  required  under  this  act  shall  be  deemed  guilty  of  per-  Deemed  perjury, 
jury;  and  the  Secretary  of  the  Interior  shall  cause  to  be 
stricken  from  the  pension-roll  the  name  of  any  person  when- 
ever it  shall  be  made  to  appear  by  proof  satisfactory  to  him 
that  such  name  was  put  upon  such  roll  through  false  and 
fraudulent  representations,  and  that  such  person  is  not 
entitled  to  a  pension  under  this  act.     The  loss  of  the  certifi-    LOSS  of  certifi- 
cate of  discharge  shall  not  deprive  any  person  of  the  bene- C( 
fits  of  this  act,  but  other  record  evidence  of  enlistment  and 
service  and  of  an  honorable  discharge  may  be  deemed  suffi- 
cient: Provided,  That  when  any  person  has  been  granted    Proviso. 
a  land  warrant,  under  any  act  of  Congress,  for  and  on  ac- 
count of  service  in  the  said  war  with  Mexico,  such  grant 
shall  be  prim  a  facie  evidence  of  his  service  and  honorable 
discharge;  but  such  evidence  shall  not  be  conclusive,  and 
maybe  rebutted  by  evidence  that  such  land- warrant  was 
improperly  granted. 

SEC.  4.  That  the  pension  laws  now  in  force  which  are  not 
inconsistent  or  in  conflict  with  this  act  are  hereby  made  a 
part  of  this  act,  so  far  as  they  may  be  applicable  thereto. 

SEC.  5.  That  section  forty-seven  hundred  and  sixteen  of   section  47ie 
the  Revised  Statutes  is  hereby  repealed  so  far  as  the  same  conflicts.80 
relates  to  this  act  or  to  pensioners  under  this  act. 

SEC.  6.  That  the  provisions  of  this  act  shall  not  apply  to  bij^litical  disa 
any  person  while  under  the  political  disabilities  imposed  by  l  ty' 
the  fourteenth  amendment  to  the  constitution  of  the  United 
States. 

That  all  pensions  which  have  been,  or  which  may  here-    Jane  7,  isss. 
after  be,  granted  under  the  general  laws  regulating  pen-  ""commence" 
sions  to  widows  in  consequence  of  death  occurring  from  a  "^^  widow 's 
cause  which  originated  in  the  service  since  the  fourth  day  peMod?fyine  act 
of  March,  eighteen  hundred  and  sixty-one,  shall  commence  JJ^^J*1"^ 
from  the  date  of  death  of  the  husband.    And  provided  fur-  Re-enactS^Mar: 
ther.  That  all  United  States  officer  snow  authorized  to  ad-  ^X  and  Aug' 
minister  oaths  are  hereby  required  and  directed  to  admin-    Oattoi  by  u.  s. 
ister  any  and  all  oaths  required  to  be  made  by  pensioners00 
and  their  witnesses,  in  the  execution  of  their  vouchers  for 
their  pensions  free  of  charge. 

That  from  and  after  the  passage  of  this  act  all  persons  Aug.  27,  isss. 
on  the  pension  rolls  of  the  United  States,  or  who  may  here-    Deafness, 
after   be  thereon,  drawing  pension  on  account  of  loss  of 
hearing,  shall  be  entitled  to  receive  in* lieu  of  the  amount 
now  paid  in  case  of  such  disability,  the  sum  of  thirty  dollars, 
in  cases  of  total  deafness,  and  such  proportion  thereof  in 


394   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

see  note  4.  cases  of  partial  deafness  as  the  Secretary  of  the  Interior 
may  deem  equitable;  the  amount  paid  to  be  determined  by 
the  degree  of  disability  existing  in  each  case. 

Feb.  12,  1889.      That  from  and  after  the  passage  of  this  act  all  persons 
LOSS  of  both  who,  in  the  military  or  naval  service  of  the  United  States 
haAflt'  Jui    27  an(^  *u  ^ie  ^ne  °*  duty  l>ave  lost  both  hands,  shall  be  enti- 
1892?  extended  tied  to  a  pension  of  one  hundred  dollars  per  month. 

the  time  t  w  o 
years  from  July 
1,  1892. 

Mar.  4,  1890.  That  all  soldiers,  sailors,  and  marines  who  have  since  the 
Totally  disa-  sixteenth  day  of  June,  eighteen  hundred  and  eighty,  or  who 
blsee  notes  mav  hereafter  become  so  totally  and  permanently  helpless 
from  injuries  received  or  disease  contracted  in  the  service 
and  line  of  duty  as  to  require  the  regular  personal  aid  and 
attendance  of  another  person,  or  who,  if  otherwise  entitled, 
were  excluded  from  the  provisions  of  "An  act  to  increase 
pensions  of  certain  pensioned  soldiers  and  sailors  who  are 
utterly  helpless  from  injuries  received  or  disease  contracted 
while  in  the  United  States  service,"  approved  June  six- 
teenth, eighteen  hundred  and  eighty,  shall  be  entitled  to 
receive  a  pension  at  the  rate  of  seventy-two  dollars  per 
month  from  the  date  of  the  passage  of  this  act  or  of  the 
certificate  of  the  examining  surgeon  or  board  of  surgeons 
showing  such  degree  of  disability  made  subsequent  to  the 
passage  of  this  act. 

June  27,  1890.       That  in  considering  the  pension  claims  of  dependent 
Dependent  par  parents,  the  fact  of  the  soldier's  death  by  reason  of  any 
cuts.  wound,  injury,  casualty,  or  disease  which,  under  the  con- 

ditions and  limitations  of  existing  laws,  would  have  entitled 
him  to  an  invalid  pension,  and  the  fact  that  the  soldier 
left  no  widow  or  minor  children  having  been  shown  as 
required  by  law,  it  shall  be  necessary  only  to  show  by  com- 
petent and  sufficient  evidence  that  such  parent  or  parents 
are  without  other  present  means  of  support  than  their  own 
manual  labor  or  the  contributions  of  others  not  legally  bound 
for  their  support:  Provided,  That  all  pensions  allowed  to 
dependent  parents  under  this  act  shall  commence  from 
date  of  the  filing  of  the  application  hereunder  and  shall 
continue  no  longer  than  the  existence  of  the  dependence. 

i.hu^llavs™00  SEC/  2<  Tn?ft.  a11  persons  who  served  ninety  days  or 
Honorkl>ie  dis-  more  in  the  military  or  naval  service  of  the  United  States 
during  the  late  war  of  the  rebellion  and  who  have  been 
honorably  discharged  therefrom,  and  who  are  now  or  who 
may  hereafter  be  suffering  from  a  mental  or  physical  (lisa 
bility  of  a  permanent  character,  not  the  result  of  their  own 
vicious  habits,  which  incapacitates  them  from  the  perform- 
ance of  manual  labor  in  such  a  degree  as  to  render  them 
unable  to  earn  a  support,  shall,  upon  making  due  proof  of 


^Note  4.—  For  total  dullness,  or  deafness  approaching  to  total,  affectingono  ear,  one- 
eighth  of  a  pension  may  be  allowed.  For  slight  deafness  in  both  oars,  or  severe  or 
total  deafness  in  one  car  and  slight  deafness  in  the  other,  one-fourth  of  a  total  pen- 
sion. For  severe  deafness  of  both  oars,  or  total  deafness  in  one  ear  and  severe  deaf- 
ness in  the  other,  one-half  of  a  total  pension;  or  if  the  deafness  should  exist  in  a 
degree  nearly  total,  time  fourths  of  a  total  pension.  For  total  deafness  the  pension 
for  total  disability  should  bo'allowed  except  in  the  cases  for  which  the  rate  for  total 
disability  is  less  than  .$l:i  a  month.  (Pension  Oilico  Digest,  p.  146.) 

Note  o.—  -Amendment  of  act  June  16,  1880.  An  intermediate  rate  of  pension  was 
established  by  act  of  July  14,  1892,  wherein  those  who  require  frequent  and  periodical 
aid  and  attendance  should  receive  $50  per  month. 


PENSION   LAWS   NOW   IN   FORCE.  395 

tlie  fact  according  to  such  rules  and  regulations  as  the  Sec- 
retary of  the  Interior  may  provide,  be  placed  upon  the  list 
of  invalid  pensioners  of  the  United  States,  and  be  entitled 
to  receive  a  pension  not  exceeding  twelve  dollars  per  month, 
and  not  less  than  six  dollars  per  month,  proportioned  to 
the  degree  of  inability  to  earn  a  support;  and  such  pension 
shall  commence  from  the  date  of  the  filing  of  the  applica- 
tion in  the  Pension  Office,  after  the  passage  of  this  act 
upon  proof  that  the  disability  then  existed,  and  shall  con- 
tinue during  the  existence  of  the  same:  Provided,  That 
persons  who  are  now  receiving  pensions  under  existing 
laws,  or  whose  claims  are  pending  in  the  Pension  Office, 
may,  by  application  to  the  Commissioner  of  Pensions,  in 
such  form  as  he  may  prescribe,  showing  themselves  enti- 
tled thereto,  receive  the  benefits  of  this  act;  and  nothing 
herein  contained  shall  be  so  construed  as  to  prevent  any 
pensioner  thereunder  from  prosecuting  his  claim  and  re- 
ceiving his  pension  under  any  other  general  or  special  act: 
Provided,  however,  That  no  person  shall  receive  more  than 
one  pension  for  the  same  period :  And  provided  further, 
That  rank  in  the  service  shall  not  be  considered  in  applica- 
tions filed  under  this  act. 

SEC.  3.  That  if  any  officer  or  enlisted  man  who  served  widows  and 
ninety  days  or  more  in  the  Army  or  Navy  of  the  United  mi 
States  during  the  late  war  of  the  rebellion,  and  who  was 
honorably  discharged  has  died,  or  shall  hereafter  die,  leav- 
ing a  widow  without  other  means  of  support  than  her  daily 
labor,  or  minor  children  under  the  age  of  sixteen  years, 
such  widow  shall  upon  due  proof  of  her  husband's  death, 
without  proving  his  death  to  be  the  result  of  his  army 
service,  be  placed  on  the  pension-roll  from  the  date  of  the 
application  therefor  under  this  act,  at  the  rate  of  eight 
dollars  per  month  during  her  widowhood,  and  shall  also  be 
paid  two  dollars  per  month  for  each  child  of  such  officer  or 
enlisted  man  under  sixteen  years  of  age,  and  in  case  of  the 
death  or  remarriage  of  the  widow,  leaving  a  child  or  chil- 
dren of  such  officer  or  enlisted  man  .under  the  age  of  sixteen 
years,  such  pension  shall  be  paid  such  child  or  children 
until  the  age  of  sixteen:  Provided,  That  in  case  a  minor  insane  or  per 
child  is  insane,  idiotic,  or  otherwise  permanently  helpless, 
the  pension  shall  continue  during  the  life  of  said  child,  or 
during  the  period  of  such  disability,  and  this  proviso  shall 
apply  to  all  pensions  heretofore  granted  or  hereafter  to  be 
granted  uncler  this  or  any  former  statute,  and  such  pen- 
sions shall  commence  from  the  date  of  application  therefor 
after  the  passage  of  this  act:  And  provided  further,  That 
said  widow  shall  have  married  said  soldier  prior  to  the  pas- 
sage of  this  act. 

SEC.  4.  That  no  agent,  attorney,  or  other  person  engaged  Attorney,  fee 
in  preparing,  presenting,  or  prosecuting  any  claim  under 
the  provisions  of  this  act  shall,  directly  or  indirectly,  con- 
tract for,  demand,  receive,  or  retain  for  such  services  in 
preparing,  presenting,  or  prosecuting  such  claim  a  sum 
greater  than  ten  dollars,  which  sum  shall  be  payable  only 
upon  the  order  of  the  Commissioner  of  Pensions,  by  the 
pension  agent  making  payment  of  the  pension  allowed,  and 


396   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

wrongfully  any  person  who  shall  violate  any  of  the  provisions  of  this 
r/cVn'fro^peS- section,  or  who  shall  wrongf ally  withhold  from  a  pensioner 
sioiur.  or  claimant  the  whole  or  any  part  of  a  pension  or  claim 

allowed  or  due  such  pensioner  or  claimant  under  this  act, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
Fine  ami  im-viction  thereof  shall,  for  each  and  every  such  offence,  be 
fined  not  exceeding  five  hundred  dollars,  or  be  imprisoned 
at  hard  labor  not  exceeding  two  years,  or  both,  in  the  dis 
cretion  of  the  court. 

June  so,  1890.      For  Army  and  Navy  pensions  as  follows:  For  invalids, 
Army    and  widows,  minor  children,  and  dependent  relatives ;  survivors 
Navy  pensions,  and  widows  of  the  war  of  eighteen  hundred  and  twelve  and 
with  Mexico,  ninety-seven  million  ninety  thousand  seven 
Proviso.          hundred  and  sixty-one  dollars:  Provided,  That  the  appro- 
priation aforesaid  for  Navy  pensions  shall  be  paid  from  the 
income  of  the  Navy  pension  fund,  so  far  as  the  same  may 
be  sufficient  for  that  purpose:  And  provided  further,  That 
the  amount  expended  under  each  of  the  above  items  shall 
be  accounted  for  separately. 

Aug.  29,  isoo.  *  *  *  And  no  officer,  clerk,  or  employee  of  any  execu- 
~oaths7~  ~~  tiye  department  who  is  also  a  notary  public  or  other  officer 
authorized  to  administer  oaths,  shall  charge  or  receive  any 
fee  or  compensation  for  administering  oaths  of  office  to 
employees  of  such  department  required  to  be  taken  on 
appointment  or  promotion  therein. 

chief  clerks  to  And  the  Chief  Clerks  of  the  several  Executive  Depart- 
ments and  of  the  various  bureaus  and  offices  thereof  in 
Washington,  District  of  Columbia,  are  hereby  authorized 
and  directed,  on  application  and  without  compensation 
therefor,  to  administer  oaths  of  office  to  employees  required 
to  be  taken  on  their  appointment  or  promotion. 

tired  iSt  °n  re"  ^EC-  2>  Hereafter  no  officer  of  the  Army,  Navy  or  Marine 
Corps  on  the  retired  list  shall  draw  or  receive  any  pension 
under  any  law. 

Feb.  10, 1891.     "  E vei y  guardian,  conservator,  curator,  committee,  tutor, 
Embezzlement  or  other  person  having  charge  and  custody  in  a  fiduciary 
e  n  8  i  °  n  capacity  of  the  pension  of  his  ward,  who  shall  embezzle  the 
same  in  violation  of  his  trust,  or  fraudulently  convert  the 
same  to  his  own  use,  shall  be  punished  by  fine  not  exceed- 
ing two  thousand  dollars  or  imprisonment  at  hard  labor  for 
a  term  not  exceeding  five  years,  or  both,  at  the  discretion 
of  the  court." 

jur.  8,1891.       That  the   appropriation    *     *     *     for    Navy  pensions 

Pensions— ac-  shall  be  paid  from  the  income  of  the  Navy  pension  fund,  so 

list6  °r  retiredfar  as  the  same  maybe  sufficient  for  that  purpose:  And 

provided  further,  That  the  amount  expended  under  each  of 

the  above  items  shall  be  accounted  for  separately:  And 

provided  further,  That  hereafter  no  pension  shall  be  allowed 

or  paid  to  any  officer,  noil  commissioned  officer,  or  private 

in  the  Army,  Navy,  or  Marine  Corps  of  the  United  States, 

either  on  the  active  or  retired  list. 

Artificial  limb.     That  section  forty-seven  hundred  and  eighty-seven  of  the 

8>  Amending  act,  Revised  Statutes  of  the  United  States  be  amended  by 

striking  out  the  word  "five"  where  it  occurs  therein,  and 

inserting  in  lion  thereof  the  word  "three"  so  that  when 

amended  said  section  will  read  as  follows:  Every  officer, 


PENSION   LAWS   NOW   IN   FORCE.  397 

soldier,  seaman,  and  marine  who  was  disabled  during  the 
war  for  the  suppression  of  the  rebellion,  in  the  military  or 
naval  service,  and  in  the  line  of  duty,  or  in  consequence  of 
wounds  received  or  disease  contracted  therein,  and  who 
was  furnished  by  the  War  Department  since  the  seven- 
teenth day  of  June,  eighteen  hundred  and  seventy,  with  an 
artificial  limb  or  apparatus  for  resection  who  was  entitled 
to  receive  such  limb  or  apparatus  since  said  date,  shall  be 
entitled  to  receive  a  new  limb  or  apparatus  at  the  expira- 
tion of  every  three  years  thereafter,  under  such  regulations 
as  have  been  or  maybe  prescribed  by  the  Surgeon-General 
of  the  Army. 

That  soldiers  and  sailors  who  are  shown  to  be  totally  July  14, 1892. 
incapacitated  for  performing  manual  labor  by  reason  of  Totally 
injuries  received  or  disease  contracted  in  the  service  of  thebl!^08e 
United  States  and  in  line  of  duty,  and  who  are  thereby  ing 
disabled  to  such  a  degree  as  to  require  frequent  and  period- 
ical,  though  not  regular  and  constant,  personal  aid  and 
attendance  of  another  person,  shall  be  entitled  to  receive 
a  pension  of  fifty  dollars  per  month  from  and  after  the  date 
of  the  certificate  of  the  examining  surgeon  or  board  of  ex- 
amining surgeons  showing  such  degree  of  disability,  and 
made  subsequent  to  the  passage  of  this  act. 

That  section  nine  of  the  act  for  the  relief  of  certain  vol-  juiy  27, 1892. 
unteer  and  regular  soldiers  of  the  late  war  and  the  war    Desertion  — 
witli  Mexico,  passed  March  second,  anno  Domini  eighteen    Amending  sec. 
hundred  and  eighty-nine,  be,  and  the  same  is  hereby,  so mv*  ° 
amended  as  to  extend  the  time  for  the  limitation  of  tto^jjgjj4**10*^ 
operation  of  said  section  for  the  period  of  two  years  from  tion  forSren£vai. 
the  first  of  July,  eighteen  hundred  and  ninety- two. 

That  the  act  entitled  "An  act  amending  the  pension  law   Aug.  i,  1892. 
so  as  to  remove  the  disability  of  those  who,  having  partici-    Pemion8t080]. 
pated  in  the  rebellion,  have  since  its  termination  enlisted  diers  and  sailors 
in  the  Army  of  the  United  States,  and  become  disabled," 
approved  March  third,  eighteen  hundred  and  seventy- 
seven,  be,  and  the  same  is  hereby,  amended  so  as  to  read 
as  follows : 

"  That  the  law  prohibiting  the  payment  of  any  money    Act  of  Mar.  3, 
on  account  of  pensions  to  any  person,  or  to  the  widow,  chil-  isTj.aa  amended'. 

j  i      •  n  -*  1  -I          •  •*••  "5.,  471b. 

dren,  or  heirs  of  any  deceased  person  who,  in  any  manner, 
engaged  in  or  aided  or  abetted  the  late  rebellion  against 
the  authority  of  the  United  States,  shall  not  be  construed 
to  apply  to  such  persons  as  afterward  voluntarily  enlisted 
in  either  the  Navy  or  Army  of  the  United  States,  and  who, 
while  in  such  service,  incurred  disability  from  a  wound  or 
injury  received  or  disease  contracted  in  the  line  of  duty.'' 
******* 

That  any  pension  heretofore  or  that  may  hereafter  be  Dec.  21,  isos. 
granted  to  any  applicant  therefor  under  any  law  of  the    Pen8ion  not  to 
United  States  authorizing  the  granting  and  payment  of  be  withheld  or 
pensions,  on  application  made  and  adjudicated  upon,  shall 
be  deemed  and  held  by  all  officers  of  the  United  States  to 
be  a  vested  right  in  the  grantee  to  that  extent  that  pay- 
ment thereof  shall  not  be  withheld  or  suspended  until,  after 
due  notice  to  the  grantee  of  not  less  than  thirty  days,  the 
Commissioner  of  Pensions,  after  hearing  all  the  evidence, 


398   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

shall  decide  to  annul,  vacate,  modify,  and  set  aside  the 
decision  upon  which  such  pension  was  granted.  Such 
notice  to  grantee  must  contain  a  full  and  true  statement 
of  any  charges  or  allegations  upon  which  such  decision 
granting  such  pension  shall  be  sought  to  be  in  any  manner 
disturbed  or  modified. 

Aug.  23, 1894.      That  hereafter,  in  addition  to  the  officers  now  authorized 
vouchers  may  to  administer  oaths  in  such  cases,  fourth-class  postmasters 

be  executed  be  of  the  United  States  are  hereby  required,  empowered,  and 
authorized  to  administer  any  and  all  oaths  required  to  be 
made  by  pensioners  and  their  witnesses  in  the  execution 
of  their  vouchers  with  like  effect  and  force  as  officers  hav- 
ing a  seal;  and  such  postmaster  shall  affix  the  stamp  of 
his  office  to  his  signature  to  such  vouchers,  and  he  is  author- 
ized to  charge  and  receive  for  each  voucher  not  exceeding 
twenty-five  cents,  to  be  paid  by  the  pensioner. 

MM-.  2, 1895.       That  from  and  after  the  twenty-eighth  day  of  September, 
Accrued  pen- eighteen  hundred  and  ninety-two,  the  accrued  pension  to 

whom  p<Sdandt°  the  date  of  the  death  of  any  pensioner,  or  of  any  person 
entitled  to  a  pension  having  an  application  therefor  pend- 
ing, and  whether  a  certificate  therefor  shall  issue  prior  or 
subsequent  to  the  death  of  such  person,  shall,  in  the  case 
of  a  person  pensioned,  or  applying  for  pension,  on  account 
of  his  disabilities  or  service,  be  paid,  first,  to  his  widow; 
second,  if  there  is  no  widow,  to  his  child  or  children  under 
the  age  of  sixteen  years  at  his  death;  third,  in  case  of  a 
widow,  to  her  minor  children  under  the  age  of  sixteen  years 
at  her  death.  Such  accrued  pension  shall  not  be  considered 
a  part  of  the  assets  of  the  estate  of  such  deceased  person, 
nor  be  liable  for  the  payment  of  the  debts  of  said  estate  in 
any  case  whatsoever,  but  shall  inure  to  the  sole  and  exclu- 
sive benefit  of  the  widow  or  children.  And  if  no  widow  or 
child  survive  such  pensioner,  and  in  the  case  of  his  last 
surviving  child  who  was  such  minor  at  his  death,  and  in 
case  of  a  dependent  mother,  father,  sister,  or  brother,  no 
payment  whatsoever  of  their  accrued  pension  shall  be  made 
or  allowed  except  so  much  as  may  be  necessary  to  reim- 
burse the  person  who  bore  the  expense  of  their  last  sick- 
ness and  burial,  if  they  did  not  leave  sufficient  assets  to 
meet  such  expense.  And  the  mailing  of  a  pension  check, 
drawn  by  a  pension  agent  in  payment  of  a  pension  due,  to 
the  address  of  a  pensioner,  shall  constitute  payment  in  the 
event  of  the  death  of  a  pensioner  subsequent  to  the  execu- 
tion of  the  voucher  therefor.  And  all  prior  laws  relating 
to  the  payment  of  accrued  pension  are  hereby  repealed. 
M»r.  2, 1896.  *  That  so  much  of  the  fourth  proviso  of  an  Act 

28stat.L.,  703.  entitled  "All  Act  making  appropriations  for  the  payment 
>D8-       of  invalid  and  other  pensions  of  the  United  States  for  the 
fiscal  year  ending  June  thirtieth,  eighteen  hundred  and 
ninety-four,  and  for  other  purposes,"  approved  March  first, 
eighteen  hundred  and  ninety- three,  which  reads  as  follows : 

noAbarnage  to be  "That  from  and  after  July  first,  eighteen  hundred  and 
ninety-three,  no  pension  shall  be  paid  to  a  nonresident  who 
is  not  a  citizen  of  the  United  States,  except  for  actual  dis 

M?rpialc°hf  Iis7'  a^^i^es  incurred  in  the  service," 

last  clause,  p.1021.     be  and  the  same  is  hereby  repealed. 


PENSION  LAWS  NOW  IN  FORCE PERJURY. 


399 


That  in  considering  claims  filed  under  the  pension  laws,  Mar,  is,  isoe. 
the  death  of  an  enlisted  man  or  officer  shall  be  considered    Death    pre 
as  sufficiently  proved  if  satisfactory  evidence  is  produced 
establishing  the  fact  of  the  continued  and  unexplained  ab- 
sence of  such  enlisted  man  or  officer  from  his  home  and 
family  for  a  period  of  seven  years,  during  which  period  no 
intelligence  of  his  existence  shall  have  been  received.    And 
any  pension  granted  under  this  Act  shall  cease  upon  preof 
that  such  officer  or  enlisted  man  is  still  living. 

SEC.  2.     *     *     *     No  master,  mate,  pilot,  or  engineer  of  May28,i896. 
steam  vessels  licensed  under  title  fifty-two  of  the  Revised  Masters,  mates, 
Statutes  shall  be  liable  to  draft  in  time  of  War,  except  for^8'  J^Vall" 
the  performance  of  duties  such  as  required  by  his  license;  same  pension 
and,  while  performing  such  duties  in  the  service  of  the 
United  States,  every  such  master,  mate,  pilot,  or  engineer  tain  cases 
shall  be  entitled  to  the  highest  rate  of  wages  paid  in  the 
merchant  marine  of  the  United  States  for  similar  services; 
and,  if  killed  or  wounded  while  performing  such  duties 
under  the  United  States,  they,  or  their  heirs,  or  their  legal 
representatives  shall  be  entitled  to  all  the  privileges  ac- 
corded to  soldiers  and  sailors  serving  in  the  Army  and 
Navy,  under  the  pension  laws  of  the  United  States. 


from  ab 


pension  ceases, 
^ 


PERJURY. 


Sec.  Sec. 

1023.  Prosecutions  for  perjury.  5396.  Form  of  indictment  for  perjury. 

1624.  To  obtain  claims.  5397.  Indictment  for  subornation  of  per- 

5392.  Punishment.  Jury- 

5393.  Subornation  of  perjury. 

•SEC.  1023.  In  prosecutions  for  perjury  committed  onxitiei3,chap.i8. 
examination  before  a  naval  general  court  martial,  or  for  ^Prosecutions 
the  subornation  thereof,  it  shall  be  sufficient  to  set  forth  the  ^ 
offense  charged  on  the  defendant,  without  setting  forth  Ji 
the  authority  by  which  the  court  was  held,  or  the  particu- 1 
lar  matters  brought  before,  or  intended  to  be  brought  e 
before,  said  court. 

SEC.  1624.  Art.  14.  Fine  and  imprisonment,  or  such  other  Title  i5,chap.io. 
punishment  as  a  court-martial  may  adjudge,  shall  be  inflcted  For  the  pur. 
upon  any  person  in  the  naval  service  of  the  United  States  pose  of  obtaining 

claims. 
*  *    •  #  *  *  #  *  Mar.  2,  1863,  s. 

Who,  for  the  purpose  of  obtaining,  or  aiding  others  to 
obtain,  the  approval,  allowance,  or  payment  of  any  claim 
against  the  United  States  or  any  officer  thereof,  makes,  or 
procures  or  advises  the  making  of,  any  oath  to  any  fact 
or  to  any  writing  or  other  paper,  knowing  such  oath  to  be 
false. 

SEC.  5392.   Every  person  who,  having  taken  an  oath  Title  70,  chap.  4. 
before  a  competent  tribunal,  officer,  or  person,  in  any  case    Perjury 
in  which  a  law  of  the  United  States  authorizes  an  oath  to    Apr.  so,  1790,  a. 
be  administered,  that  he  will  testify,  declare,  depose,  or  j 
certify  truly,  or  that  any  written  testimony,  declaration, v.  4,  p.  us. 
deposition,  or  certificate  by  him  subscribed  is  true,  will- 
fully and  contrary  to  such  oath  states  or  subscribes  any 
material  matter  which  he  does  not  believe  to  be  true,  is 


400       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

guilty  of  perjury,  and  shall  be  punished  by  a  tine  of  not 
more  than  two  thousand  dollars,  and  by  imprisonment,  at 
hard  labor,  not  more  than  live  years;  and  shall,  moreover, 
thereafter  be  incapable  of  giving  testimony  in  any  court 
of  the  United  States  until  such  time  as  the  judgment 
against  him  is  reversed. 

subornation  of  SEC.  5393.  Every  person  who  procures  another  to  com- 
perjury.^  ^^  m^  ^^  perjurv  ]s  guilty  of  subornation  of  perjury,  and 
Suf^i&fikJ*!  Puuisuable  as  in  tne  preceding  section  prescribed. 

v.4,p.'ll8.  ' 

Form  of  indict      g^c.  5396.  In  every  presentment  or  indictment  prose- 
mTprf°r3o?rJS,'  cuted  against  any  person  for  perjury,  it  shall  be  sufficient 
a.  19,  v.i,  p.  lie.    £0  set  forth  the  substance  of  the  offense  charged  upon  the 
defendant,  and  by  what  court,  and  before  whom  the  oath 
was  taken,  averring  such  court  or  person  to  have  compe- 
tent authority  to  administer  the  same,  together  with  the 
proper  averment  to  falsify  the  matter  wherein  the  perjury 
is  assigned,  without  setting  forth  the  bill,  answer,  informa- 
tion, indictment,  declaration,  or  any  part  of  any  record  or 
proceeding,  either  in  law  or  equity,  or  any  affidavit,  depo- 
sition, or  certificate,  other  than  as  hereinbefore  stated,  and 
without  setting  forth  the  commission  or  authority  of  the 
court  or  person  before  whom  the  perjury  was  committed. 
indictment  for     SEC.  5397.  In  every  presentment  or  indictment  for  sub- 
perjury?11'     °  ornation  of  perjury,  it  shall  be  sufficient  to  set  forth  the 
ibid.,  s.  20.       substance  of  the  offense  charged  upon  the  defendant,  with- 
out setting  forth  the  bill,  answer,  information,  indictment, 
declaration,  or  any  part  of  any  record  or  proceeding  cither 
in  law  or  equity,  or  any  affidavit,  deposition,  or  certificate, 
and  without  setting  forth  the  commission  or  authority  of 
the  court  or  person  before  whom  the  perjury  was  com- 
mitted, or  was  agreed  or  promised  to  be  committed. 


PIRACY,  ROBBERY. 


Sec. 

5370.  Robbery  upon  the  high  seas. 

5371.  Robbery  on  shore  by  crew  of  pirat- 


Sec. 
536.  District  courts  to  have  jurisdiction 

of  cases. 

4293.  Public  vessels  to  suppress  piracy.  ical  vessel. 

4284.  Seizure  of  piratical  vessels.  f>:i72.  Murder,  etc.,  upon  the  higli  seas. 

4295.  Merchant -vessels  may  resist  j  5373.  Piracy  under  color  of  a  commission 

pirates.  from  a  foreign  power. 

4296.  Condemnation  of  piratical  vessels.     5374.  Piracy  by  subjects  or  citizens  of  a 


4297.  Seizure  of  vessels  fitted    out    for 


*.  Whatvei 


4298.  What  vessels  may  be  authorized  to 

seize  pirates. 

4299.  Duty   of  officers  of  customs    and 

marshals. 

5323.  Accessory  before  the  fact  to  piracy, 

etc. 

5324.  Accessory  after  the  fact  to  robbery 

or  piracy. 

5368.  Piracy  under  the  law  of  nations. 
5301).  Seaman  laying  violent  hands  on  his 

commander. 


foreign  state. 

5375.  Piracy  in    confining   or   detaining 

negroes  on  board  vessels,  etc. 

5376.  Piracy  in  landing,  seizing,  etc..  ne- 

groes on  any  foreign  shore. 

5383.  .Running  away  with  or  yielding  up 

vessel  or  cai-i^o. 

5384.  Confederating, etc.,  with  pirates. 
5533.  Accessory  after  the  fact  of  pirae\  ; 

punishment. 


Title  18, chap. 8.     SEC.  563.  The  district  courts  shall  have  jurisdiction  of 

Mar.  3, 1823,  v. all  cases  arising  under  act  for  the  punishment  of  piracy, 

i826,7vJ;3^pay6oo';  wnei1  no  circuit  court  is  held  in  the  district  of  such  court. 

Jan.' 30, 1823,  v.  3,'  p.  721.    District  courts  to  have  jurisdiction  of  cases. 


PIRACY    AND    ROBBERY,  ETC.  401 

SEC.  4293.  The  President  is  authorized  to  employ  so  Title  48>  chftp- 8- 
many  of  the  public  armed  vessels  as  in  his  judgment  the  Public  vessels 
service  may  require,  with  suitable  instructions  to  the  com- J°c>suppress  pl". 
manders  thereof,  in  protecting  the  merchant- vessels  of  the  Mar.  3  isig,  a. 
United  States  and  their  crews  from  piratical  aggressions  siuszJI V°.  ' 
and  depredations. 

SEC.  4294.  The  President  is  authorized  to  instruct 
commanders  of  the  public  armed  vessels  of  the  United Mar. 
States  to  subdue,  seize,  take,  and  send  to  any  port  of  the  J^' 
United  States,  any  armed  vessel  or  boat,  or  any  vessel  or  721. 
boat,  the  crew  whereof  shall  be  armed,  and  which  shall 
have  attempted  or  committed  any  piratical   aggression, 
search,  restraint,  depredation,  or  seizure,  upon  any  vessel 
of  the  United  States,  or  of  the  citizens  thereof  or  upon  any 
other  vessel;  and  also  to  retake  any  vessel  of  the  United 
States,  or  its  citizens,  which  may  have  been  unlawfully 
captured  upon  the  high  seas. 

SEC.  4295.  The  commander  and  crew  of  any  merchant- 
vessel  of  the  United  States,  owned  wholly,  or  in  part,  by  a          3  1819  s 
citizen  thereof,  may  oppose  and  defend  against  any  aggres-  3,  varV  P.  513'; 
sion,  search,  restraint,  depredation,  or  seizure,  which  shall  J^i30'1823'^3' 
be  attempted  upon  such  vessel,  or  upon  any  other  vessel  so 
owned,  by  the  commander  or  crew  of  any  armed  vessel 
whatsoever,  not  being  a  public  armed  vessel  of  some  nation 
in  amity  with  the  United  States,  and  may  subdue  and  cap 
ture  the  same;  and  may  also  retake  any  vessel  so  owned 
which  may  have  been  captured  by  the  commander  or  crew 
of  any  such  armed  vessel,  and  send  the  same  into  any  port 
of,  the  United  States. 

SEC.  4296.  Whenever  any  vessel,  which  shall  have  been    condemnation 

,      .,.  ,  ,  ,  J.          -,     /  .  •.     ,  i   <.      of  piratical  ves- 

built,  purchased,  fitted  out  in  whole  or  in  part,  or  held  for  8eis. 
the  purpose  of  being  employed  in  the  commission  of  any  4  ^Jrp  \J*.  j^- 
piratical  aggression,  search,  restraint,  depredation,  or  seiz-  36/1823,  v.V  p! 
lire,  or  in  the  commission  of  any  other  act  of  piracy  as  S/vfuRftS?1 
defined  by  the  law  of  nations,  or  from  which  any  piratical 
aggression,  search,  restraint,  depredation,  or  seizure  shall 
have  been  first  attempted  or  made,  is  captured  and  brought 
into  or  captured  in  any  port  of  the  United  States,  the  same 
shall  be  adjudged  and  condemned  to  their  use,  and  that  of 
the  captors  after  due  process  and  trial  in  any  court  having 
admiralty  jurisdiction,  and  which  shall  be  holden  for  the 
district  into  which  such  captured  vessel  shall  be  brought; 
and  the  same  court  shall  thereupon  order  a  sale  and  dis- 
tribution thereof  accordingly,  and  at  its  discretion. 

SEC.  4297.  Any  vessel  built,   purchased,  fitted  out 
whole  or  in  part,  or  held  for  the  purpose  of  being  employed  pracy. 
in  the  commission  of  any  piratical  aggression,    search,  8 . 
restraint,  depredation,  or  seizure,  or  in  the  commission  of 
any  other  act  of  piracy,  as  defined  by  the  law  of  nations, 
shall  be  liable  to  be  captured  and  brought  into  any  port  of 
the  United  States  if  found  upon  the  high  seas,  or  to  be 
seized  if  found  in  any  port  or  place  within  the  United 
States,  whether  the  same  shall  have  actually  sailed  upon 
any  piratical  expedition  or  not,  and  whether  any  act  of 
piracy  shall  have  been  committed  or  attempted  upon  or 

376 26 


402   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


what 
S3  tT 
"Idem  •*  2 


pi 


and  marshals, 


Title  70,  chap,  i. 

Accessory  be- 

$racyhetcfact  to 
10Avpr-  3oj7oo,  s. 

seoactof  Aug. 

6,  1894,  amending 
sees.  5365  and 
5366,  title,  "Mer- 
chant vessels." 

Accessory 
robbery   or 

piApr  "30  1790  s 
11,  v.  i',p.'ii4.  ' 

see  sec.  5533. 


from  such  vessel  or  not  ;  and  any  such  vessel  may  be 
adjudged  and  condemned,  if  captured  by  a  vessel  author- 
ized as  hereinafter  mentioned,  to  the  use  of  the  United 
States  and  to  that  of  the  captors,  and  it'  seized  by  a  col- 
lector, surveyor,  or  marshal,  then  to  the  use  of  the  United 
States. 

vessels  SEC.  4298.  The  President  is  authorized  to  instruct  the 
commanders  of  the  public  armed  vessels  of  the  United 
States,  and  to  authorize  the  commanders  of  any  other 
armed  vessel  sailing  under  the  authority  of  any  letters  of 
marque  and  reprisal  granted  by  Congress,  or  the  command- 
ers of  any  other  suitable  vessels,  to  subdue,  seize,  take, 
and,  if  on  the  high  seas,  to  send  into  any  port  of  the  United 
States,  any  vessel  or  boat  built,  purchased,  fitted  out,  or 
held  as  mentioned  in  the  preceding  section. 

SEC-  4299<  Th.e  collectors  of  the  several  ports  of  entry, 
the  surveyors  of  the  several  ports  of  delivery,  and  the  mar- 
shals of  the  several  judicial  districts  within  the  United 
States,  shall  seize  any  vessel  or  boat  built,  purchased,  fitted 
out,  or  held  as  mentioned  in  section  forty-two  hundred  and 
ninety-seven,  which  may  be  found  within  their  respective 
ports  or  districts,  and  to  cause  the  same  to  be  proceeded 
against  and  disposed  of  as  provided  by  that  section. 

gEC  5323.  Every  person  who  knowingly  aids,  abets, 
causes,  procures,  commands,  or  counsels  another  to  commit 
any  murder,  robbery,  or  other  piracy  upon  the  seas,  is  an 
accessory  before  the  fact  to  such  piracies,  and  every  such 
person  being  thereof  convicted  shall  suffer  death. 


SEC.  5324.  Every  person  who  receives  or  takes  into  cus- 
tody  any  vessel,  goods,  or  other  property  feloniously  taken 
^)V  ailv  ro^er  or  pirate  against  the  laws  of  the  United 
States,  knowing  the  same  to  have  been  feloniously  taken, 
ftn(j  everv  person  who,  knowing  that  such  pirate  or  robber 
has  done  or  committed  any  such  piracy  or  robbery,  on  the 
land  or  at  sea,  receives,  entertains,  or  conceals  any  such 
pirate  or  robber,  is  an  accessory  after  the  fact  to  such  rob- 
bery or  piracy. 

Note  1.—  Piracy  is  defined  by  the  law  of  nations  to  be  a  forcible  depredation  upon 
property  on  the  high  seas,  without  lawful  authority,  done  animo  furandi;  that  is, 
:IH  defined,  in  this  connection,  in  a  spirit  and  intention  of  universal  hostility.  A 
pintle  is  said  to  be  one  who  roves  the  sea  in  an  armed  vessel,  without  any  commis- 
sion from  any  sovereign  state,  on  his  own  authority,  and  for  the  purpose  of  seizing 
l>v  lorce  jiud  appropriating  to  himself,  without  discrimination,  every  vessel  he  may 
meet.  United  States  v.  Baker,  5  Blatchford,  11,  12.  Cited  in  Cadwalader'a  State 
Department  Digest,  p.  77.) 

To  make  the  tiring  of  one  vessel  into  another  a  piratical  aggression  within  the 
act  of  1819,  section  .r>:!(>8,  R.  S.,  it  must  be  a  first  aggression  unprovoked  by  any  pre- 
vioii*  act  of  hostility  or  menace  from  the  other  side.  (Cadwalader's  Digest  ;'  Op., 
I  \  ,  1  14.) 

Robbery,  or  forcible  depredation  upon  the  high  sea,  animo  furandi,  is  piracy  by 
the  law  of  nations.  Cadwalader's  Digest,  p.  76,  cites  5  Wheaton,  153.  A  vessel 
loses  her  national  character  by  assuming  a  piratical  character,  and  a  piracy  commit- 
ted by  a  foreigner  from  on  board  such  a  vessel  whatever,  is  punishable  under  act  of 
1790,  section  5360,  R.  S.  (Idem,  p.  77,  cites  5  Wheaton,  184.) 

Every  hostile  attack,  in  time  of  peace,  is  not  necessarily  piratical.  It  may  bo  by 
mistake,  or  in  necessary  self  defense,  or  to  repel  a  supposed  .meditated  attack  by 
pirates.  It  may  be  justifiable,  and  then  no  blame  attaches  to  the  act  ;  or  it  may  be 
without  just  excuse,  and  then  it  carries  responsibility  in  damages.  (CadwaJatler's 
Digest,  p.  77,  cites  11  Whoaton,  40,  41,  and  2  Howard,  236.) 

Merchant  vessels  suspected  of  being  engaged  in  illicit  trade  forbidden  by  the  laws 
of  Congress  may  bo  seized  and  detained  by  pub'ic  armed  vessels.  (Op.,  3,  405.) 


403 


SEC.  5368.  Every  person  who,  on  the  high  seas,  commits  ™e  70:cha^ 
the  crime  of  piracy  as  denned  by  the  law  of  nations,  and  is    Piracy    under 
afterward  brought  into  or  found  in  the  United  States,  shall  Ji0°118law  ° 
suffer  death.  See  sees.  5323- 

5'J33. 

Mar.  3,  1819,.  s. 
5,  v.  3,  p.  513; 
May  15,  J820.  s. 

2,  v.  3,    p.    600; 
Jan.  30,  1823,  v. 

3,  p.  721. 

SEC.  5369.  Every  seaman  who  lays  violent  hands  upon  vi!S  ^nlS^f 
his  commander,  thereby  to  hinder  and  prevent  his  fighting  bis  commander. 
in  defense  of  his  vessel  or  the  goods  intrusted  to  him,  is  a  8^-  p0'™'  8- 
pirate,  and  shall  suffer  death. 

SEC.  5370.  Every  person  who,  upon  the  high  seas,  or  in    itobbery  upon 
any  open  roadstead,  or  in  any  haven,  basin,  or  bay,  or  in  t  Maygi5,8i82o,  s. 
any  river  where  the  sea  ebbs  and  flows,  commits  the  crime  3-  v-  3,  p.'eoo.  ' 
of  robbery,  in  or  upon  any  vessel,  or  upon  any  ship's  com- 
pany of  any  vessel,  or  the  lading  thereof,  is  a  pirate,  and 
shall  suffer  death. 

SEC.  5371.  Every  person  engaged  in  any  piratical  cruise    Robbery  on 

,  J.  ,.  J      .       ,.  ,    shore  bv  crew  of 

or  enterprise,  or  being  ot  the  crew  ot  any  piratical  vessel,  piratical  vessel. 
who  lauds  from  such  vessel  and  on  shore  commits  robbery,    Ibid- 
is  a  pirate,  and  shall  suffer  death. 

SEC.  5372.  Every  person  who  commits  upon  the  high  u^rt^r»  £&; 
seas,  or  in  any  river,  harbor,  basin,  or  bay,  out  of  the  juris-  seas. 
diction  of  any  particular  State,  murder  or  robbery,  or  any  g  ^^  .so  1790,  8. 
other  offense  which,   if  committed  within  the  body  of  a 
county,  would  be  punishable  with  death  by  the  laws  of  the 
United  States,  is  a  pirate,  and  shall  suffer  death. 

SEC.  5373.  Every  citizen  who  commits  any  murder  or    piracy  under 
robbery,  or  any  act  of  hostility  against  the  United  States,  J^iojf  fro^m^ 
or  against  any  citizen  thereof,  on  the  high  seas,  under  color  foreign  power.  a 
of  any  commission  from  any  foreign  prince,  or  state  or  onp1^111'8'9'  v>1' 
pretense  of  authority  from  any  person,  is,  notwithstanding 
the  pretense  of  such  authority,  a  pirate,  and  shall  suffer 
death. 

SEC.  5374.  Every  subject  or  citizen  of  any  foreign  state,  .  Piracy  by  .sub- 

,./.-,-,   i    ,       J  T  .  xi_     Jects  or  citizens 

who  is  found  and  taken  on  the  sea  making  war  upon  the  of  a  foreign  state. 

United  States,  or  cruising  against  the  vessels  and  property  9  ^Y^1  184?1  v' 

thereof,  or  of  the  citizens  of  the  same,  contrary  to  the  pro- 

visions of  any  treaty  existing  between  the  United  States 

and  tbe  state  of  which  offender  is  a  citizen  or  subject,  when 

by  such  treaty  such  acts  are  declared  to  be  piracy,  is  guilty 

of  piracy,  and  shall  suffer  death. 

SEC.  5375.  Every  person  who,  being  of  the  crew  or  ship's    P>nwy  in  c»n- 

n  /••  -I  i    •       j_i          i  j_       \       fining  or  detain- 

company  of  any  foreign  vessel  engaged  in  the  slave-trade,  ing  negroes  on 
or  being  of  the  crew  or  ship's  company  of  any  vessel  owned  b°MayYAe82o  s 
wholly  or  in  part,  or  navigated  for  or  in  behalf  of  any  citi-  5,  \.  3,  p.  GOI.    ' 
zen,  forcibly  confines  or  detains  on  board  such  vessel  any  sssi^seS^' 
negro  or  mulatto,  with  intent  to  make  such  negro  or  mulatto  Trade. 
a  slave,  or,  on  board  such  vessel,  offers  or  attempts  to  sell, 
as  a  slave,  any  negro  or  mulatto,  or  on  the  high  seas,  or 
anywhere  on  tide-  water,  transfers  or  delivers  to  any  other 
vessel  any  negro  or  mulatto  with  intent  to  make  such  negro 
or  mulatto  a  slave,  or  lands  or  delivers  on  shore  from  on 
board  such  vessel  any  negro  or  mulatto  with  intent  to  make 


404       LAWS   RELATING   TO   THE    NAVY,  MARINE    CORPS,  ETC. 


sale  of,  or  having  previously  sold  such  negro  or  mulatto  as 
a  slave,  is  si  pirate,  and  shall  suffer  death. 

in  land-  SEC.  537G.  Every  person  who,  being  of  the  crew  or  ship's 
ne|Voelzioneany  company  of  any  foreign  vessel  engaged  in  the  slave-trade, 
foreign  shore,  or  being  of  the  crew  or  ship's  company  of  any  vessel,  owned 

Idem,   8.   4,   p.  .  •        ^    j    /•  •      i_    i      in      &  •>' 

600.  in  whole  or  part,  or  navigated  for,  or  in  behalf  of,  any  citi- 

zen, lands  from  such  vessel,  and,  on  any  foreign  shore,  seizes 
any  negro  or  mulatto  with  intent  to  make  -such  negro  or 
mulatto  a  slave,  or  decoys,  or  forcibly  brings,  or  carries,  or 
receives  such  negro  or  mulatto  on  board  such  vessel,  with 
like  intent,  is  a  pirate,  and  shall  suffer  death, 
away  SEC.  5383.  Every  captain,  other  officer,  or  mariner,  of  a 
erkcar'- vessel  on  the  high  seas,  or  on  any  other  waters  within  the 
go-  admiralty  and  maritime  jurisdiction  of  the  United  States, 

5,v.9fp.73;  Apr!  who  piratically  or  feloniously  runs  away  with  such  vessel, 
30,^1790,  s.  a,  v.  i,  or  yrith  any  goods  or  merchandise  thereof,  to  the  value  of 
fifty  dollars,  or  who  yields  up  such  vessel  voluntarily  to 
any  pirate,  shall  be  fined  not  more  than  ten  thousand  dol- 
lars, or  imprisoned  at  hard  labor  not  more  than  ten  years, 
or  both. 

confederating,  SEC.  5384.  If  any  person  attempts  or  endeavors  to  cor- 
etA^! 20^1790^8*.  rupt  any  commander,  master,  officer,  or  mariner  to  yield  up 
12,  v.  i,  p.'ii5.  or  to  run  away  with  any  vessel,  or  with  any  goods,  wares, 
or  merchandise,  or  to  turn  pirate,  or  to  go  over  to  or  confed- 
erate with  pirates,  or  in  anywise  to  trade  with  any  pirate, 
knowing  him  to  be  such,  or  furnishes  such  pirate  with  any 
ammunition,  stores,  or  provisions  of  any  kind,  or  fits  out 
any  vessel  knowingly  and  with  a  design  to  trade  with,  sup- 
ply, or  correspond  with  any  pirate  or  robber  upon  the  seas; 
or  if  any  person  consults,  combines,  confederates,  or  cor- 
responds with  any  pirate  or  robber  upon  the  seas,  knowing 
him  to  be  guilty  of  any  piracy  or  robbery;  or  if  any  sea- 
man confines  the  master  of  any  vessel,  he  shall  be  impris- 
oned not  more  than  three  years,  and  fined  not  more  than 
one  thousand  dollars. 

Title  70,  chap. 8.     SEC.  5533.  Every  accessory  after  the  fact  to  murder,  rob- 
Accessoryafter  bery,  or  piracy,  shall  be  imprisoned  not  more  than  three 
Iier,  frobbcij"Uor  years,  and  fined  not  more  than  five  hundred  dollars. 

piracy. 

Apr.  30.  1790,  s. 
11,  v.  1,  p.  114. 
See  sec.  5324. 

PILOTS— PILOTAGE. 


Sec. 

4235.  State  regulation  of  pilots. 

4236.  Pilots  on  boundaries. 

4237.  No  discrimination  in  rates  of  pilot- 

age. 


Act  Apr.  17,  1874.  Aliens,  in  certain 
cases,  to  be  licensed  as  engineers  and 
pilots. 

Act  Apr.  5,  1882.  Masters,  engineers, 
etc.,  to  pay  license  fee. 


Titie48,ch«P.5.      gEC  4235.  Until  further  provision  is  made  by  Congress, 

state  reguia- all  pilots  in  the  bays,  inlets,  rivers,  harbors,  and  ports  of 

Aug.?  17*89,8.  the  United  States  shall  continue  to  be  regulated  in  con- 

4,  v.i,  P.  54.        formity  with  the  existing  laws  of  the  States  respectively 

wherein  such  pilots  may  be,  or  with  such  laws  as  the  States 

may  respectively  enact  for  the  purpose. 

arie8t8b0"tlw""dn     ^E0'  ^**6.  The   master   of  any   vessel   coming   into   or 

states.  °        "going  out  of  any  port  situate  upon  waters  which  are  the 

boundary  between  two  States,  may  employ  any  pilot  duly 


PIRACY    AND    ROBBERY PILOTS,  ETC.  405 

licensed  or  authorized  by  the  laws  of  either  of  the  States  5  M^-32' 1837>  v- 

bounded  on  such  waters,  to  pilot  the  vessel  to  or  from  such  ' 

port. 

SEC.  4237.  No  regulations  or  provisions  shall  be  adopted 
by  any  State  which  shall  make  any  discrimination  in  j3 1866  v 

rate  of  pilotage  or  half-pilotage  between  vessels  sail  in  gu,  p.  93.  ' 
between  the  ports  of  one  State  and  vessels  sailing  between    Seo  note  J- 
the  ports  of  different  States,  or  any  discrimination  against 
vessels  propelled  in  whole  or  in  part  by  steam,  or  against 
national  vessels  of  the  United  States;  and  all  existing 
regulations  or  provisions  making  any  such  discrimination 
are  annulled  and  abrogated. 

That  any  alien  who,  in  the  manner  provided  for  by  law,   Apr.  17, 1874. 
has  declared  his  intention  to  become  a  citizen  of  the  United  is  stat.  L.,  so. 
States,  and  who  shall  have  been  a  permanent  resident  of^^JJ^jJJJ 
the  United  States  for  at  least  six  months  immediately  be  licensees  on- 
prior  to  the  granting  of  such  license,  may  be  licensed,  as  if  f0?8eet?  se?ve  Sn 
already  naturalized,  to  serve  as  an  engineer  or  pilot  upon  steam  vessels. 
any  steam-vessel  subject  to  inspection  under  the  provisions  4i§,'  4438,8444i', 
of  the  act  entitled  "An  act  to  provide  for  the  better  security  44^- 

&  T{*  i  in  i  n     -i     •  11  •  r       1884,   June   26, 

of  life  on  board  of  vessels  propelled,  in  whole  or  in  part,  ch.m.  see  title 
by  steam,  and  for  other  purposes,"  approved  February  ^usbip^p.^o.11 
twenty-eighth,  eighteen  hundred  and  seventy-one  (2).  see  note  2. 

That  Section  forty-four  hundred  and  fifty-eight  of  the    Apr.  s,  issa. 
Ee vised  Statutes  be,  and  is  hereby,  amended  by  striking  22  stat.  L.,  40. 
out  of  the  paragraph,  beginning  in  the  eighth  line  thereof,  ne^^uSt/aSa 
the  following  words,  that  is  to  say  "Each  Master,  chief nfatS ^f°steam. 
engineer,  and  first  class  pilot  licensed  as  herein  provided£™lopaylicen8e 
shall  pay  for  every  certificate  granted  by  any  inspector  or    substitute  for 
inspectors  the  sum  of  ten  dollars  and  every  chief  Mate,£tofE'S-'8ec' 
engineer,  and  pilot  of  an  inferior  grade  shall  pay  for  every    i»g  JJlne43 
certificate  so  granted  the  sum  of  five  dollars"  and  insert6  see  title  Aliens 
in  lieu  thereof  the  following    "Each  Master,   engineer, an<J "t^enship. 

•  i  i      ^  T  i  •  T  i  •  •-•-§  ••  toG6     86C.     44oo, 

pilot,  and  Mate  licensed  as  herein  provided  shall  pay  forR.  s.,  m  regard 
every  certificate  granted  by  any  inspector  or  inspectors  (3)  SnJS?S8andf  pi- 

the  Slim  of  fifty  Cents."  lots.    See  note  3. 

Also,  16  Stat.  L.,  Feb.  28,  1871,  sec.  14,  p.  446. 

Note  1. — Government  vessels  are  not  required  to  employ  and  pay  branch  pilots 
upon  entering  the  ports  and  harbors  of  the  United  States.  The  exemption  extends 
to  all  public  vessels  whether  armed  or  not.  (Op.,  IV,  532,  Sept.  9, 1846,  Mason.) 

The  penalties  imposed  by  State  laws  for  piloting  vessels  without  due  license  from 
the  State,  have  no  application  to  persons  employed  as  pilots  on  board  public  vessels 
of  the  United  States,  the  latter  vessels  being  within  the  exclusive  jurisdiction  of 
the  United  States.  (Op.,  XVI,  647,  Oct.  22, 1879.) 

The  term  "public  vessels  "  does  not  apply  to  vessels  of  the  Navy  alone.  Within 
the  meaning  of  the  inspection  and  navigation  laws  public  vessels  are  those  owned 
by  the  United  States,  and  those  used  by  them  for  public  purposes.  Those  laws 
warrant  no  distinction  between  public  vessels  under  the  control  of  the  Navy  Depart- 
ment and  public  vessels  under  the  control  of  any  other  department  of  the  Govern- 
ment. Unlicensed  pilots  and  engineers  can  be  lawfully  employed  on  them.  (Op., 
XIII,  p.  249,  Hoar,  June  1, 1870.) 

Note  2.— The  provisions  of  the  act  of  1871,  ch.  100  (16  Stat.  L.,  440),  here  referred 
to,  are  incorporated  into  Revised  Statutes  in  sees.  4399-4500. 

Xote  3.— By  1886,  June  19,  ch.  421,  s.  1,  p.  492,  this  fee  is  abolished,  but  as  inspect- 
ors arc  to  bo  paid  from  the  Treasury  such  compensation  as  they  would  have  received 
prior  to  that  date,  this  is  retained  as  possibly  in  force  for  some  purposes.  But  see 
R.  S.,  sec.  4414. 


406        LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 


POSTAGE,  MAIL  MATTER,  ETC. 


Sec. 

3912.  Pottage  on  foreign  mail-matter. 

3913.  Postage  on  irregular  sea-letters. 
397fi.  Vessels  carrying  mails. 

Act  Mar.  3, 1879.  Domestic  postage. 


Sec. 


Act  Mar.  3, 1877.  Penalty  envelopes. 
Act  Mar.  3, 1879.  Use  of  penalty  en- 
A-elopos  extended. 


Title  46,  chap. 4.  SEC.  3912.  The  rate  of  United  States  postage  on  mail- 
Foreign  post- matter  sent  to  or  received  from  foreign  countries  with 
aspostageonfor-whicu  different  rates  have  not  been  established  by  postal 
matter,  convention  or  other  arrangement,  when  forwarded  by  vessels 
?'  regularly  employed  in  transporting  ttie  mail,  shall  be  ten 
cents  for  each  half  ounce  or  fraction  thereof  on  letters, 
unless  reduced  by  order  of  the  Postmaster-General ;  two 
cents  each  on  newspapers;  and  not  exceeding  two  cents 
per  each  two  ounces,  or  fraction  thereof,  on  pamphlets,  peri- 
odicals, books,  and  other  printed  matter,  which  postage 
shall  be  prepaid  on  matter  sent  and  collected  on  matter 
received;  and  to  avoid  loss  to  the  United  States  in  the 
payment  of  balances,  the  Postmaster-General  may  collect 
the  unpaid  postage  on  letters  from  foreign  countries  in 
coin  or  its  equivalent. 
Postage  on  ir-  gEc  3913.  All  letters  conveyed  by  vessels  not  regularly 

regular    sea  let-  ,   .  ., J  .      ,, J  .„    „         ,    ,.  &     ._,,  ,J 

ten.  employed  in  carrying  the  mail  shall,  if  for  delivery  within 

ibid.,  s.  ICG.     ^ne  united  States,  be  charged  with  double  postage,  to  cover 

the  fee  paid  to  the  vessel. 

Title  46,  chap.  9.     gE0.  3975.  The  master  of  any  vessel  of  the  United  States 

united  states  bound  from  any  port  therein  to  any  foreign  port,  or  from 

SSu^SK any  foreign  P°rt  to  any  port  of  the  United  States,  shall, 

penalty;  before  clearance,  receive  on  board  and  securely  convey  all 

310  p'  such  mails  as  the  Post-Office  Department,  or  any  diplo- 

Merchant'  sl°r'  ma^c  or  consular  officer  of  the  United  States  abroad,  shall 

vice?  a         r  offer;  and  he  shall  promptly  deliver  the  same,  on  arriving 

at  the  port  of  destination,  to  the  proper  officer,  for  which  he 

shall,  receive  two  cents  for  every  letter  so  delivered;  and 

upon  the  entry  of  every  such  vessel  returning  from  any 

foreign  port,  the  master  thereof  shall  make  oath  that  he 

has  promptly  delivered  all  the  mail  placed  on  board  said 

vessel  before  clearance  from  the  United  States;  and  if  he 

shall  fail  to  make  such  oath  the  vessel  shall  not  be  entitled 

to  the  privileges  of  a  vessel  of  the  United  States. 


M«r.  8, 1879. 

Domestic  post- 
age. 

Division  of  mail 
matter. 

Ch.  180,  s.  7,v. 
20,  p.  355. 


Postal  cards. 
Idem,  s.O. 


That  mailable  matter  shall  be  divided  into  four  classes: 

First,  written  matter; 

Second,  periodical  publications; 

Third,  miscellaneous  printed  matter; 

Fourth,  merchandise. 

Mailable  matter  of  the  first  class  shall  embrace  letters, 
postal  cards,  and  all  matters  wholly  or  partly  in  writing, 
except  as  hereinafter  provided. 

Postal  cards  shall  be  transmitted  through  the  mails  at  a 
postage  charge  of  one  cent  each,  including  the  cost  of 
manufacture;  and  drop  letters  shall  be  mailed  at  the  rate 
of  two  cents  per  half  ounce  or  fraction  thereof,  including 
delivery  at  letter  carrier  offices,  and  one  cent  for  each  half 
ounce  or  fraction  thereof  where  free  delivery  by  carrier  is 


POSTAGE,  MAIL    MATTER,  ETC.  407 

not  established.  The  Postmaster-General  may,  however, 
provide,  by  regulation,  for  transmitting  unpaid  and  duly 
certified  letters  of  soldiers,  sailors,  and  marines  in  the  serv- 
ice of  the  United  States  to  their  destination,  to  be  paid  on 
delivery. 

That  mailable  matter  of  the  second  class  shall  embrace 
all  newspapers  and  other  periodical  publications  which  afce 
issued  at  stated  intervals,  and  as  frequently  as  four  times 
a  year  and  are  within  the  conditions  named  in  section 
twelve  and  fourteen. 

That  mail  matter  of  the  third  class  shall  embrace  books,    Tf!lir,(lflcL'l1as 

.     ,.      ,  ,  ,      ,,      "matter  defined. 

transient  newspapers,  and  periodicals,  circulars,  and  other  intent-postage. 
matter  wholly  in  print  (not  included  in  section  twelve)  [2d  Idem>  8i  17< 
class  matter],  proof  sheets,  corrected  proof  sheets,  and  man- 
uscript copy  accompanying  the  same,  and  postage  shall  be 
paid  at  the  rate  of  one  cent  for  each  two  ounces  or  fractional 
part  thereof,  and  shall  fully  be  prepaid  by  postage  stamps 
affixed  to  said  matter.  Printed  matter  other  than  books 
received  in  the  mails  from  foreign  countries  under  the  pro- 
visions of  postal  treaties  or  conventions  shall  be  free  of  cus- 
toms duty,  and  books  which  are  admitted  to  the  international 
mails  exchan  ged  under  the  provisions  of  the  Universal  Postal 
Union  Convention  may,  when  subject  to  customs  duty,  be 
delivered  to  addresses  in  the  United  States  under  such  regu- 
lations for  the  collection  of  duties  as  may  be  agreed  upon  by 
the  Secretary  of  the  Treasury  and  the  Postmaster-General. 

That  the  term  "circular"  is  defined  to  be  a  printed  letter,  fil^ircular  de~ 
which,  according  to  internal  evidence,  is  being  sent  in  iden-    idem,  a.  is. 
tical  terms  to  several  persons.     A  circular  shall  not  lose  its 
character  as  such,  when  the  date  and  theuame  of  the  address 
and  of  the  sender  shall  be  written  therein,  nor  by  the  cor- 
rection of  mere  typographical  errors  in  writing. 

That  u printed  matter"  within  the  iutendment  of  this    "Printed  mat- 
act  is  defined  to  be  the  reproduction  upon  paper,  by  any  teidVro,  "eii. 
process  except  that  of  handwriting,  of  any  words,  letters, 
characters,   figures,   or    images,   or  of   any    combination 
thereof,  not  having  the  character  of  an  aetual  and  personal 
correspondence. 

That  mailable  matter  of  the  fourth  class  shall  embrace m 
all  matter  not  embraced  in  the  first,  second,  or  third  class,  "idem, 8.20. 
which  is  not  in  its  form  or  nature  liable  to  destroy,  deface,  See  note  l- 
or  otherwise  damage  the  contents  of  the  mail  bag,  or  harm 
the  person  of  any  one  engaged  in  the  postal  service,  and  is 
not  above  the  weight  provided  by  law,  which  is  hereby 
declared  to  be  not  exceeding  four  pounds  for  each  package 
thereof,  except  in  the  case  of  single  books  weighing  in 
excess  of  that  amount,  and  except  for  books  and  documents 
published  or  circulated  by  order  of  Congress,  or  official 
matter  emanating  from  any  of  the  departments  of  the  gov- 
ernment, or  from  the  Smithsonian  Institution,  or  which  is 
not  declared  non-mailable  under  the  provision  of  section 
thirty-eight  hundred  and  ninety-three  of  the  Eevised 
Statutes,  as  amended  by  the  act  of  July  twelfth,  eighteen 
hundred  and  seventy-six,  or  matter  appertaining  to  lot- 
teries, gift  concerts,  or  fraudulent  schemes  or  devices. 

Note  I.— Obscene  books,  pictures,  scurrilous  letters,  etc. 


408        LAWS    RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 

M:ir.  :?.  is7!>.        All  mail-matter  of  the  first  class  upon  which  one  full  rate 
Deficient  post-  of  postage  has  been  prepaid  shall  be  forwarded  to  its  des- 
ags'26  ch  180  v  tination,  charged  with  the  unpaid  rate,  to  be  collected  on 
20,  j>.  355.          delivery.    *    *    * 

Postage  on  first-     And  upon  all  matter  of  the  first  class    *     *     *     postage 

Mar"?  lisa.  8.  shall  be  charged,  on  and  after  the  first  day  of  October  A.  I). 

i,  v.  22,  p.  455.      eighteen  hundred  and  eighty- three  at  the  rate  of  two  cents 

for  each  half  ounce  or  fraction  thereof. 

HOW  procured.  That  the  Secretaries,  respectively,  of  the  Departments 
iaf?'}i?«,cj:<^  State,  of  the  Treasury,  War,  Navy,  and  of  the  Interior, 
seal  and  the  Attorney  General,  are  authorized  to  make  requisi- 

tions upon  the  Postmaster-General  for  the  necessary  amount 
of  official  postage-stamps  for  the  use  of  their  departments, 
not  exceeding  the  amount  stated  in  the  estimates  submit- 
ted to  Congress ;  and  upon  presentation  of  proper  vouchers 
therefor  at  the  Treasury ,  the  amount  thereof  shall  be  cred- 
ited to  the  appropriation  for  the  service  of  the  Post-Office 
Department  for  the  same  fiscal  year. 

°     ^n(^  ^  shall  be  the  duty  of  the  respective  departments 
to  inclose  to  Senators,  Representatives,  and  Delegates  in 
idem.  Congress,  in  all  official  communications  requiring  answers, 

or  to  be  forwarded  to  others,  penalty  envelopes  addressed 
as  far  as  practicable,  for  forwarding  or  answering  such  offi- 
cial correspondence. 

Mar.  3,  is??,  H.      That  it  shall  be  lawful  to  transmit  through  the  mail,  free 
'pcwlity  envei-  of  postage,  any  letters,  packages,  or  other  matters  relating 
op®8-  exclusively  to  the  business  of  the  Government  of  the 

United  States:  Provided,  That  every  such  letter  or  pack- 
age to  entitle  it  to  pass  free  shall  bear  over  the  words 
indorsement.  ''Official  business "  an  indorsement  showing  also  the  name 
of  the  Department,  and,  if  from  a  bureau  or  office,  the 
names  of  the  Department  and  bureau  or  office,  as  the  case 
may  be,  whence  transmitted.  And  if  any  person  shall 
make  use  of  any  such  official  envelope  to  avoid  the  pay- 
ment of  postage  on  his  private  letter,  package,  or  other 
matter  in  the  mail,  the  person  so  offending  shall  be  deemed 
guilty  of  a  misdemeanor,  and  subject  to  a  fine  of  three  hun- 
dred dollars,  to  be  prosecuted  in  any  court  of  competent 
jurisdiction. 

Note  2.— The  Department  stamps  can  be  used  to  prepay  fees  on  registered  letters. 
(Op.  Asst.  Att'y  Gen'l,  P.  O.  Dept.,  May  11,  1879.) 

They  can  also  be  used  to  pay  return  postage  on  answers  to  communications  sent  by 
Government  officers  to  private  individuals;  the  penult  3'  envelopes  can  not  hewn  used. 
(Ibid.) 

Official  correspondence  for  Canada  maybe  sent  in  penalty  envelopes  or  prepaid 
with  Department  stamps.  If  sent  to  oth'er  foreign  countries  embraced  in  the  I'ni 
versal  Postal  Union,  it  can  bo  prepaid  only  by  means  of  the  ordinary  postage  stamps. 
It  can  not  be  sent  in  the  penalty  envelopes. 

Foreign  countries  to  which  ollicial  correspondence  may  be  prepaid  with  the  official 
postage  Ht am ps  are  such  only  as  are  supplied  with  mails  from  the  United  States  by 
direct  services,  and  not  through  the  intermediary  of  Postal  Union  countries.  The 
following  are  of  that  class :  The  Australian  colonies  (North,  South,  and  West  Aus 
tralia.  New  Smith  Wales,  Queensland,  and  Victoria),  Tasmania,  New  Zealand,  Chat 
ham,  Fiji,  Samoan,  and  Norfolk  Islands,  via  San  Francisco;  Bolivia,  via  Colon  and 
Panama,  North  China  destinations,  via  San  Francisco,  in  mails  to  the  United  Stales 
postal  agent  at  Shanghai.  (Post-Office  Department  to  Navy  Department,  1883.) 


POSTAGE,  MAIL    MATTER,  ETC.  409 


SEC.  G.  That  for  the  purpose  of  carrying  this  act  into 
effect,  it  shall  be  the  duty  of  each  of  the  Executive  Depart- 
ments of  the  United  States  to  provide  for  itself  and  its 
subordinate  offices  the  necessary  envelopes  ;  and  in  addi- 
tion to  the  indorsement  designating  the  Department  in 
which  they  are  to  be  used,  the  penalty  for  the  unlawful  use 
of  these  envelopes  shall  be  stated  thereon. 

The  provisions  of  the  above  sections  (act  March  3,  1877) 
"  are  hereby  extended  to  all  officers  of  the  United  States  use  o 
Government,  and  made  applicable  to  all  official  mail-matter 
transmitted  between  any  of  the  officers  of  the  United 
States,  or  between  any  such  officer  and  either  of  the  execu- 
tive departments  or  officers  of  the  government,  the  envel- 
opes of  such  matter  in  all  cases  to  bear  appropriate  indorse- 
ments containing  the  proper  designation  of  the  office  from 
which  the  same  is  transmitted,  with  a  statement  of  the 
penalty  for  their  misuse.  And  the  provisions  of  said  fifth 
and  sixth  sections  are  hereby  likewise  extended  and  made 
applicable  to  all  official  mail-matter  sent  from  the  Smith- 
sonian Institution  :  Provided,  That  this  act  shall  extend  or 
or  apply  to  pension-agents  or  other  officers  who  receive  a 
fixed  allowance  as  compensation  for  their  services,  includ- 
ing expenses  for  postage." 

******* 

That  the  Postmaster-  General  is  hereby  authorized  to  take  en^®{  *  "8  ". 
the  necessary  steps  to  introduce  and  furnish  for  public  usebie  postal  card 
a  letter-sheet  envelope,  on  which  postage-  stamps  of  the 
denominations  now  in  use  on  ordinary  envelopes  shall  be 

Note  3.—  This  section  does  not  impose  upon  the  Executive  Department  :it  Washing- 
ton the  duty  of  furnishing  such  envelopes  to  the  various  subordinate  officers 
throughout  the  United  States  who  are  under  their  supervision,  hut  whose  offices  are 
not  offices  in  those  Departments,  excepting,  of  course,  cases  where  that  duly  is  re- 
quired by  other  statutory  provisions  than  those  above  mentioned.  (Op.,  XVI,  p.  455, 
Jan.  30,1880,  Devens.) 

Where  the  envelopes  are  not  furnished  by  the  Departments,  they  may  be  pre- 
pared for  their  own  use  by  the  officers  contemplated  in  section  29  of  said  act  of 
March  3,  1879.  This  statute  does  not  require  that  the  penalty,  etc.,  on  such  envelopes 
should  be  printed  rather  than  written.  (Ibid.) 

The  indorsements  on  the  penalty  envelopes  may  be  printed,  written,  or  impressed 
by  stamp.  (Op.,  Assistant  Attorney-General,  P.  O.  Department,  Apr.  21,  1879.) 

The  penalty  envelopes  can  not  be  properly  used  by  officers  in  replying  to  a  post- 
master on  matters  not  official  ;  for  instance,  when  a  postmaster  notifies  paid  officer  of 
private  mail  matter  being  in  the  office,  which  will  be  sent  to  him  on  the  return  of 
the  requisite  postage,  the  officer  can  not  use  the  penalty  stamp  in  making  his  reply. 
(Post  Office  ruling.) 

Officers  of  the  Navy,  who  have  no  "office,"  in  the  sense  that  term  is  generally 
used,  can  send  official  mail  matter,  free  of  postage,  between  themselves,  or  to  the 
Executive  Departments,  by  using  envelopes  bearing  the  indorsement  "official  busi- 
ness," with  their  signature  and  rank,  and  a  statement  of  the  penalty  for  their 
misuse  —  the  indorsements  to  be  printed,  or  impressed  by  a  stamp,  or  written.  (Op. 
Assistant  Attorney-General,  P.  O.  D.,  Apr.  20,  1879.) 

The  twenty-ninth  section  of  the  act  of  March  3,  1879  (Postal  Laws  and  Regulations, 
section  251),  extending  to  all  officers  of  the  United  States  Government  the  provisions 
of  the  sections  numbered  249  and  250,  Postal  Laws  and  Regulations,  for  the  trans- 
mission of  official  mail  matter,  requires  all  officers  who  are  not  departmental  in  their 
character  to  use  envelopes  which  bear  the  appropriate  indorsements,  containing  the 
name  of  the  office  from  which  the  same  are  transmitted,  with  a  statement  of  the  pen 
alty  for  their  misuse;  and  the  use  of  the  envelopes  must  be  absolutely  restricted  to 
official  mail  matter  transmitted  between  officers  of  the  United  States,  or  between 
any  such  officer  and  either  of  the  Executive  Departments  or  officers  of  the  Govern- 
ment. The  signature  of  the  officer  and  his  official  title  is  not  a  compliance  with  the 
law  ;  the  name  of  the  office  from  which  they  are  transmitted  must  also  be  given  on 
the  envelope.  (Rule  604,  Post-Office  Guide,  Jan.,  1883.) 

Official  communications  may  be  sent  by  officers  of  the  Government  under  cover  of 
the  penalty  envelope  to  private  individuals  ;  but  such  envelopes  can  not  be  inclosed 
for  the  purpose  of  eliciting  a  reply.  (Rule  606,  idem.) 


410       LAWS    RELATING   TO    THE   NAVY,  MARINE    CORPS,  ETC. 

placed.  And  the  Postmaster-General  is  also  authorized  to 
introduce  and  furnish  for  public  use  a  double  postal  card, 
on  which  shall  be  placed  two  one-cent  stamps,  and  said 
card  to  be  so  arranged  for  the  address  that  it  may  be  for- 
warded and  returned,  said  cards  to  be  sold  for  two  cents 
apiece;  and  also  to  introduce  and  furnish  for  public  use  a 
double-letter  envelope,  on  which  stamps  of  the  denomina- 
tions now  in  use  maybe  placed,  and  with  the  arrangement 
for  the  address  similar  to  the  double  postal  card;  said  let- 
ter-sheet and  double  postal  card  and  double  envelope  to  be 
issued  under  such  regulations  as  the  Postmaster-General 
may  prescribe. 

j»n.  27,  1894.      SEC.  6.  That  section  four  thousand  and  thirty-nine  of 
28stat.L.,io.  the  Revised  Statutes  of  the  United  States  be  amended  by 

t  2encfaldevieletoadclin^  the  Blowing: 

be^ttichedtoac      "That  it  shall  be  the  duty  of  the  postmasters  to  attach 

counts.  fco  tj)ejr  accounts  rendered  to  the  Auditor  of  the  Treasury 

for  the  Post-Office  Department  the  letters  of  advice,  or  if 

lost  evidence  of  that  fact,  recalled  from  the  post-office  to 

which  originally  sent  for  all  repayments  of  domestic  money 

orders  provided  for  in  this  section  and  in  section  four  thou- 

RS.,  sees.  4038,  sand  ai,d  thirty-eight  of  the  Revised  Statutes  of  the  United 

States.'7 

i894C  *  Jnn'  2?1     SEC<  **•  Wneiiever  a  money-order  has  been  lost,  within 

Replacing  lost  one  year  from  the  last  day  of  the  month  of  issue,  the 

orsub8atitute  for  Postmaster-General,  upon  the  application  of  the  remitter 

sec.  4040.  or  payee  of  such  order,  may  cause  a  duplicate  thereof  to  be 

ch!m.  Jaly  1G  issued,  without  charge,  providing  the  party  losing  the  origi- 

nal shall  furnish  a  certificate  from  the  postmaster  by  whom 

it  was  payable  that  it  has  not  been,  and  will  not  thereafter 

be,  paid;  and  a  similar  certificate  from  the  postmaster  by 

whom  it  was  issued  that  it  has  not  been,  and  will  not  there- 

after be,  repaid. 

Jan.  27,  1894.      That  the  first  section  of  the  Act  approved  January  third, 

28  stat.  L.,  so.  eighteen  hundred  and  eighty-seven,  modifying  certain  pro- 

Poatai  notes  visions  of  the  Act  approved  March  third,  eighteen  hundred 

a  Rc-peai  of  1887,  and  eighty-  three,  and  entitled  "An  Act  to  modify  the  postal 

?iansnpp''  li'  s1  money-order  system,  and  for  other  purposes," 

517,  518);  ma!     and  the  first  section  and  such  provisions  of  the  second  sec- 


,.  as  are  applicable  to  postal  notes  of  the  Act  approved 
.;  405,  406).  '  March  third,  eighteen  hundred  and  eighty  three,  entitled 
"An  Act  to  modify  the  postal  money-order  system,  and  for 
other  purposes," 

be,  and  the  same  are  hereby,  repealed, 

but  nothing  herein  contained  shall  prevent  the  payment, 
after  July  first,  eighteen  hundred  and  ninety-four,  in  the 
manner  provided  by  existing  law,  of  postal  notes  issued 
prior  to  that  date,  and  any  such  postal  notes,  if  presented 
for  payment  more  than  one  year  from  the  last  day  of  the 
month  of  their  issue,  may  be  paid  by  warrant,  as  provided 
by  section  four  of  this  Act  in  the  case  of  money  orders. 

SEC-  2-  That  section  three  of  the  said  Act  of  March  third, 
eighteen  hundred  and  eighty-  three,  as  amended  by  the  Act 


POSTAGE,  MAIL    MATTER,  ETC. 


411 


of  June  twenty-ninth,  eighteen  hundred  and  eighty-six,  enti- 

tied  "An  Act  to  reduce  the  fee  on  domestic  money  orders  123',  s.3,  ani 

for  sums  not  exceeding  five  dollars,"  be  amended  to  read  as 

follOWS  :  498). 

"That  a  money  order  shall  not  be  issued  for  more  than 
one  hundred  dollars,  and  that  fees  for  domestic  money 
orders  shall  be  as  follows,  to  wit: 

"For  orders  not  exceeding  two  dollars  and  fifty  cents,  ^JjJJ  for  raoney 
three  cents. 

"  For  orders  exceeding  two  dollars  and  fifty  cents  and  not 
exceeding  five  dollars,  live  cents. 

"  For  orders  exceeding  five  dollars  and  not  exceeding  ten 
dollars,  eight  cents. 

"For  orders  exceeding  ten  dollars  and  not  exceeding 
twenty  dollars,  ten  cents. 

"For  orders  exceeding  twenty  dollars  and  not  exceeding 
thirty  dollars,  twelve  cents. 

"For  orders  exceeding  thirty  dollars  and  not  exceeding 
forty  dollars,  fifteen  cents. 

"For  orders  exceeding  forty  dollars  and  not  exceeding 
fifty  dollars,  eighteen  cents. 

"For  orders  exceeding  fifty  dollars  and  not  exceeding 
sixty  dollars,  twenty  cents. 

"For  orders  exceeding  sixty  dollars  and  not  exceeding 
seventy-five  dollars,  twenty-five  cents. 

"For  orders  exceeding  seventy-five  dollars  and  not  exceed- 
ing one  hundred  dollars,  thirty  cents.'7 

SEC.  4.  The  Secretary  of  the  Treasury  and  the  Postmas-  July  ie,  iso*. 
ter-General  shall  cause  to  be  destroyed  in  such  manner  as    as  stat.  L.,  104. 
they  may  deem  best  all  Money  Order  Statements  rendered  ctc^°roY-°boede' 
by  Postmasters  and  all  paid  Money  Orders  and  paid  Postal  stayed  after  ten 
Notes  accompanying  the  same,  now  filed  in  the  office  of  the  ye£ee'note  4. 
Auditor  of  the  Treasury  for  the  Post  Office  Department,  or 
which  may  hereafter  be  filed  therein,  after  ten  years  shall 
have  elapsed  from  the  expiration  of  the  period  covered  by 
such  statements: 

Provided,  That  the  Postmaster-General  upon  evidence  -now  paid. 
satisfactory  to  him,  and  under  such  special  regulations  as 
he  shall  prescribe,  may  cause  payment  to  be  made  in  the 
manner  prescribed  in  sections  four  and  eleven  of  the  Act  ^^/J^  21; 
approved  January  twenty-  seventh,  eighteen  hundred  and  i67-i6988' 
ninety-four,  of  the  amount  of  any  Money  Order  remaining 
unpaid  after  the  lapse  of  ten  years  from  the  date  of  its  issue. 

Note  4.—  See  act  regulating  disposition  of  useless  papers  in  Executive  Depart- 
ments, 1889,  Feb.  16,  ch.  171  (1  Supp.  R.  S.,  644),  and  note  thereon. 


412        LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 


PRIZE. 

Sec.  Sec. 

4613.  Application  of  provisions  of  Title.   |  4631.  Distribution  of  proceeds  to  captors. 

4614.  What  are  "vessels  of  the  Navy."       !  4632.  What  vessels  are  entitled  to  share. 

4615.  Duties  of  commanding  officer  upon  I  4633.  What  officers  are  entitled  to  share. 


making  captures. 


ipn 
felt 


4616.  Statement  of  claim  to  share  in  prize. 

4617.  Duties  of  prize-master. 

4621.  Appointment  of  prize-commission- 

ers. 

4622.  Duties  of  prize  commissioners. 
4624.  Appraisal,  etc.,  of  property  taken 

for  Government. 


4634.  Determination  of  shares. 

4635.  Bounty  for  persons  on  board  vessels 

sunk  or  destroyed. 

4639.  Costs  and  expenses. 

4640.  Payment  of  expenses  from  prize- 

fund. 

4641.  Payment  of  prize-money. 

4642.  Distribution  of  bounty,  salvage, etc. 


4625.  Proceedings  for  adjudication  where  •  4643.  Assignments,  etc.,  of  prize-money 

property  is  not  sent  in.  and  bounty. 

4626.  Delivery  of  property  on  stipulation.  !  4652.  Recaptures. 

4G27.  When  property  may  be  sold.  ;  5310.  Property  taken  on  inland  waters. 

4628.  M ode  of  making  sale.  j  5441.  Delaying  or  defrauding  captor  or 

4630.  Share  of  captors.  claimant. 

Title  54.          SEC.  4613.  The  provisions  of  this  Title  shall  apply  to  all 

Application  of  captures  made  as  prize  by  authority  of  the  United  States, 

Stievi8io?s  °f°r  adopted  and  ratified  by  the  President  of  the  United 

June  30, 1864,  s.  States. 
33,  v.  13,  p.  315. 

sete  S?  the'Xavj!     SEC.  4614.  The  term  "  vessels  of  the  Navy,"  as  used  in 
ibid., s. 32.    'this  Title,  shall  include  all   armed  vessels  officered  and 
manned  by  the  United  States,  and  under  the  control  of  the 
Department  of  the  Navy. 

Dnties  of  com-  SEC.  4615.  The  commanding  officer  of  any  vessel  making 
ating  a  capture  shall  secure  the  documents  of  the  ship  and  cargo, 
s  i  soe  "lclllding  *ue  log-book,  with  all  other  documents,  letters, 
and  other  papers  found  on  board,  and  make  an  inventory 
of  the  same,  and  seal  them  up,  and  send  them,  with  the 
inventory,  to  the  court  in  which  proceedings  are  to  be  had, 
with  a  written  statement  that  they  are  all  the  papers  found, 
and  are  in  the  condition  in  which  they  were  found;  or  explain- 
ing the  absence  of  any  documents  or  papers,  or  any  change 
in  their  condition.  He  shall  also  send  to  such  court,  as 
witnesses,  the  master,  one  or  more  of  the  other  officers,  the 
supercargo,  purser,  or  agent  of  the  prize,  and  any  person 
found  on  board  whom  he  may  suppose  to  be  interested  in, 
or  to  have  knowledge  respecting,  the  title,  national  char- 
acter, or  destination  of  the  prize.  He  shall  send  the  prize, 
with  the  documents,  papers,  and  witnesses,  under  charge 
of  a  competent  prize-master  and  prize-crew,  into  port  for 
adj  udication,  explaining  the  absence  of  any  usual  witnesses ; 
and  in  the  absence  of  instructions  from  superior  authority 
as  to  the  port  to  which  it  shall  be  sent,  he  shall  select  such 
port  as  he  shall  deem  most  convenient,  in  view  of  the  inter- 
ests of  probable  claimants,  as  well  as  of  the  captors.  If 
the  captured  vessel,  or  any  part  of  the  captured  property, 
is  not  in  condition  to  be  sent  in  for  adjudication,  a  survey 
shall  be  had  thereon  and  an  appraisement  made  by  persons 
as  competent  and  impartial  as  can  be  obtained,  and  their 
reports  shall  be  sent  to  the  court  in  which  proceedings  are 
to  be  had;  and  such  property,  unless  appropriated  for  the 
use  of  the  Government,  shall  be  sold  by  the  authority  of 
the  commanding  officer  present,  and  the  proceeds  deposited 
with  the  assistant  treasurer  of  the  United  States  most 
accessible  to  such  court,  and  subject  to  its  order  in  the 
cause.  [See  sec.  1624,  art.  15,  p.  12*.] 


PKIZES   AND    PRIZE    MONEY,  ETC.  413 

SEC.  4616.  If  any  vessel  of  the  United  States  shall  claim    statement  of 

J     .,,  ,          .  claim  to  share  in 

to  share  m  a  prize,  either  as  having  made  the  capture,  or  as  prize. 
having  been  within  signal  distance  of  the  vessel  or  vessels  307bi(L)  8-  2)  p* 
making  the  capture,  the  commanding  officer  of  such  ves- 
sel shall  make  out  a  written  statement  of  his  claim,  with 
the  grounds  on  which  it  is  founded,  the  principal  facts  tend- 
ing to  show  what  vessels  made  the  capture,  and  what  ves- 
sels were  within  signal  distance  of  those  making  the  capture, 
with  reasonable  particularity  as  to  times,  distances,  locali- 
ties, and  signals  made,  seen,  or  answered;  and  such  state- 
ment of  claim  shall  be  signed  by  him  and  sent  to  the  court 
in  which  proceedings  shall  be  had,  and  shall  be  filed  in  the 
cause. 

SEC.  4617.  The  prize-master  shall  make  his  way  diligently  m^"*j.e8  of  prize 
to  the  selected  port,  and  there  immediately  deliver  to  a  mibiar.',  s.  3. 
prize  commissioner  the  documents  and  papers,  and  the  in-    See  8ec- 544L 
ventory  thereof,  and  make  affidavit  that  they  are  the  same, 
and  are  in  the  same  condition  as  delivered  to  him,  or  ex- 
plaining any  absence  or  change  of  condition  therein,  and 
that  the  prize-property  is  in  the  same  condition  as  delivered 
to  him,  or  explaining  any  loss  or  damage  thereto;  and  he 
shall  further  report  to  the  district  attorney  and  give  to  him 
all  the  information  in  his  possession  respecting  the  prize 
and  her  capture;  and  he  shall  deliver  over  the  persons  sent 
as  witnesses  to  the  custody  of  the  marshal,  and  shall  retain 
the  prize  in  his  custody  until  it  shall  be  taken  therefrom  by 
process  from  the  prize-court. 

[Sections  4618-19-20  relate  to  libels,  duties  of  district 
attorneys,  etc.] 

SEC.  4621.  Any  district  court  may  appoint  prize-commis-    Appointment 

JT  *V  /»       T  i     „  of  prize- 

SlOnerS,  not  exceeding  three  in  number;  of  whom  one  shall  sioners. 

be  a  retired  naval  officer,  approved  by  the  Secretary  of  the 
Navy,  who  shall  receive  no  other  compensation  than  his  pay 
in  the  Navy,  and  who  shall  protect  the  interests  of  the 
captors  and  of  the  Department  of  the  Navy  in  the  prize- 
property;  and  at  least  one  of  the  others  shall  be  a  member 
of  the  bar  of  the  court,  of  not  less  than  three  years'  stand- 
ing, and  acquainted  with  the  taking  of  depositions. 

SEC.  4622.  The  prize-commissioners,  or  one  of  them,  shall 
receive  from  the  prize-master  the  documents  and  papers,  ibid.,8.6.p.3 
and  inventory  thereof,  and  shall  take  the  affidavit  of  the  ' eesec-5441- 
prize-master  required  by  section  forty-six  hundred  and 
seventeen,  and  shall  forthwith  take  the  testimony  of  the 
witnesses  sent  in,  separate  from  each  other,  on  interroga- 
tories prescribed  by  the  court,  in  the  manner  usual  in  prize- 
courts;  and  the  witnesses  shall  not  be  permitted  to  see  the 
interrogatories,  documents,  or  papers,  or  to  consult  with 
counsel,  or  with  any  persons  interested,  without  special 
authority  from  the  court ;  and  witnesses  who  have  the  rights 
of  neutrals  shall  be  discharged  as  soon  as  practicable.  The 
prize-commissioners  shall  also  take  depositions  de  bene  esse 
of  the  prize-crew  and  others,  at  the  request  of  the  district 
attorney,  on  interrogatories  prescribed  by  the  court.  They 
shall  also,  as  soon  as  any  prize-property  comes  within  the 
district  for  adjudication,  examine  the  same,  and  make  an 


414       LAWS    RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 

inventory  thereof,  founded  on  an  actual  examination,  and 
report  to  the  court  whether  any  part  of  it  is  in  a  condition 
requiring  immediate  sale  for  the  interests  of  all  parties,  and 
notify  the  district  attorney  thereof;  and  if  it  be  necessary 
to  the  examination  or  making  of  the  inventory  that  the 
cargo  be  unladen,  they  shall  apply  to  the  court  for  an  order 
to  the  marshal  to  unlade  the  same,  and  shall,  from  time  to 
time,  report  to  the  court  anything  relating  to  the  condition 
of  the  property,  or  its  custody  or  disposal,  which  may 
require  any  action  by  the  court,  but  the  custody  of  the 
property  shall  be  in  the  marshal  only.  They  shall  also 
seasonably  return  in  to  court,  sealed  and  secured  from  inspec- 
tion, the  documents  and  papers  which  shall  come  to  their 
hands,  duly  scheduled  and  numbered,  and  the  other  pre- 
paratory evidence,  and  the  evidence  taken  de  bene  esse, 
and  their  own  inventory  of  the  prize-property;  and  if  the 
captured  vessel,  or  any  of  its  cargo  or  stores,  are  such  as 
in  their  judgment  may  be  useful  to  the  United  States  in 
war,  they  shall  report  the  same  to  the  Secretary  of  the 
Navy. 

[Section  4623  defines  the  duty  of  the  marshal.] 

Appraisal, etc.,  SEC.  4624.  Whenever  any  captured  vessel,  arms,  muni- 
?o^Govorui.reiietn  tions,  or  other  material  are  taken  for  the  use  of  the  United 
^ibid.,  s.  27,  p.  states  before  it  comes  into  the  custody  of  the  prize  court, 
it  shall  be  surveyed,  appraised,  and  inventoried,  by  persons 
as  competent  and  impartial  as  can  be  obtained,  and  the 
survey,  appraisement,  and  inventory  shall  be  sent  to  the 
court  in  which  proceedings  are  to  be  had;  and  if  taken 
afterward,  sufficient  notice  shall  first  be  given  to  enable 
the  court  to  have  the  property  appraised  for  the  protection 
of  the  rights  of  the  claimants  and  captors.  In  all  cases  of 
prize- property  taken  for  or  appropriated  to  the  use  of  the 
Government,  the  Department  for  whose  use  it  is  taken  or 
appropriated  shall  deposit  the  value  thereof  with  the 
assistant  treasurer  of  the  United  States  nearest  to  the 
place  of  the  session  of  the  court,  subject  to  the  order  of 
the  court  in  the  cause. 
Proceedings  for  gEC<  4(j25.  If  by  reason  of  the  condition  of  the  captured 

a  a  i  u  (1 1  cation  •  /.  -i  111          i  •    *     i 

where  property  property,  or  it  because  the  whole  has  been  appropriated 
i8ibidK,e8nt28n.'  to  tlie  use  °f  the  United  States,  no  part  of  it  has  been  or 
can  be  sent  in  for  adjudication,  or  if  the  property  has  been 
entirely  lost  or  destroyed,  proceedings  for  adjudication 
may  be  commenced  in  any  district  the  Secretary  of  the 
Navy  may  designate;  and  in  any  such  case  the  proceeds 
of  anything  sold,  or  the  value  of  anything  taken  or  appro- 
priated for  the  use  of  the  United  States,  shall  be  deposited 
with  the  assistant  treasurer  in  or  nearest  to  that  district, 
subject  to  the  order  of  the  court  in  the  cause.  If,  when 
no  property  can  be  sent  in  for  adjudication,  the  Secretary  of 
the  Navy  shall  not,  within  three  months  after  any  capture, 
designate  a  district  for  the  institution  of  proceedings,  the 
captors  may  institute  proceedings  for  adjudication  in  any 
district.  And  if  in  any  case  of  capture  no  proceedings  for 
adjudication  are  commenced  within  a  reasonable  time,  any 
parties  claiming  the  captured  property  may,  in  any  district- 


PRIZES    AND    PRIZE    MONEY,  ETC  415 

court  as  a  court  of  prize,  move  for  a  monition  to  show  cause 
why  such  proceedings  shall  not  be  commenced,  or  institute 
an  original  suit  in  such  court  for  restitution,  and  the  moni- 
tion issued  in  either  case  shall  be  served  on  the  attorney 
of  the  United  States  for  the  district,  and  on  the  Secretary 
of  the  Navy,  as  well  as  on  such  other  persons  as  the  court 
shall  order  to  be  notified. 

SEC.  4626.  No  prize-property  shall  be  delivered  to  the  ^  e*lv®ry  -of 
claimants  on  stipulation,  deposit,  or  other  security,  except  uSonty  ° 
where  there  has  been  a  decree  of  restitution  and  the  cap-  313bid-'  B>  26'  p- 
tors  have  appealed  therefrom,  or  where  the  court,  after  a 
full  hearing  on  the  preparatory  proofs,  has  refused  to  con- 
demn the  property  on  those  proofs,  and  has  given  the  cap- 
tors leave  to  take  further  proofs,  or  where  the  claimant  of 
any  property  shall  satisfy  the  court  that  the  same  has  a 
peculiar  and  intrinsic  value  to  him,  independent  of  its 
market- value.  In  any  of  these  cases,  the  court  may  deliver 
the  property  on  stipulation  or  deposit  of  its  value,  if  satis- 
fied that  the  rights  and  interests  of  the  United  States  and 
captors,  or  of  other  claimants,  will  not  be  prejudiced 
thereby ;  but  a  satisfactory  appraisement  shall  be  first  made, 
and  an  opportunity  given  to  the  district  attorney  and  naval 
prize-commissioner  to  be  heard  as  to  the  appointment  of 
appraisers.  Any  money  deposited  in  lieu  of  stipulation, 
and  all  money  collected  on  a  stipulation,  not  being  costs, 
shall  be  deposited  with  the  assistant  treasurer,  in  the  same 
manner  as  proceeds  of  a  sale. 

SEC.  4627.  Whenever  any  prize-property  is  condemned,  m^b3iperty 
or  at  any  stage  of  the  proceedings  is  found  by  the  court  to    ibid.,  s.  8,  p. 
be  perishing,  perishable,  or  liable  to  deteriorate  or  depre- 308' 
ciate,  or  whenever  the  costs  of  keeping  the  .same  are  dis- 
proportionate to  its  value,  the  court  shall  order  a  sale  of 
such  property;  and  whenever,  after  the  return-day  on  the 
libel,  all  the  parties  in  the  interest  who  have  appeared  in 
the  cause  agree  thereto,  the  court  may  make  such  order; 
and  no  appeal  shall  operate  to  prevent  the  making  or 
execution  of  such  order. 

SEC.  4628.  Upon  a  sale  of  any  prize- property  by  order  8I5Jjdeof  making 
of  the  court,  the  Secretary  of  the  Navy  shall  employ  an  iwa. 
auctioneer  of  known  skill  in  the  branch  of  business  to 
which  any  sale  pertains,  to  make  the  sale,  but  the  sale  shall 
be  conducted  under  the  supervision  of  the  marshal,  and 
the  collecting  and  depositing  of  the  gross  proceeds  shall  be 
by  the  auctioneer  or  his  agent.  Before  any  sale  the  mar- 
shal shall  cause  full  catalogues  and  schedules  to  be  pre- 
pared and  circulated,  and  a  copy  of  each  shall  be  returned 
by  the  marshal  to  the  court  in  each  cause.  The  marshal 
shall  cause  all  sales  to  be  advertised  fully  and  conspicuously 
in  newspapers  ordered  by  the  court,  and  by  posters,  and  he 
shall,  at  least  five  days  before  the  sale,  serve  notice  thereof 
upon  the  naval  prize  commissioner,  and  the  goods  shall  be 
open  to  inspection  at  least  three  days  before  the  sale. 

[Section  4629  authorizes  transfer  of  property  to  another 
district  for  sale.] 


416        LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 


share  of  cap-     ggc.  4630.  The  net  proceeds  of  all  property  condemned 

^ibid.,  s.  10,  p.  as  prize,  shall,  when  the  prize  was  of  superior  or  equal  force 

3°see  sees  4752  to  ^ne  vessel  °r  vessels  making  the  capture,  be  decreed  to 

and  4759,  '  Pen-  the  captors  ;  and  when  of  inferior  force,  one-half  shall  be 

decreed  to  the  United  States  and  the  other  half  to  the  cap- 

tors, except  that  in  case  of  privateers  and  letters  of  marque, 

the  whole  shall  be  decreed  to  the  captors,  unless  it  shall  be 

otherwise  provided  in  the  commissions  issued  to  such*  ves- 

sels. 

Distribution  of     SEC.  4631.  All  prize-money  adjudged  to  the  captors  shall 
proceed          P  be  dig.^^^  in  the  following  proportions  : 
Prize-money     First.  To  the  commanding  officer  of  a  fleet  or  squadron, 
8  ooe-tweiitieth  part  of  all  prize-money  awarded  to  any  ves- 


com-  gel  or  vessels  under  his  immediate  command. 
fleet"  dcYp8taYnH     Second.  To  the  commanding  officer  of  a  division  of  a  fleet 
from  April,  1861,  or  SnUadron,  on  duty  under  the  orders  of  the  cominaiider- 

and  how  paid.       .         ,^*.    /.     /»          i     o  -i  i  ,  /«  ™  •    j_i 

ii.  s.,  sec.  4631,  in-chief  ot  such  fleet  or  squadron,  a  sum  equal  to  one-fiftieth 

paibid  2's  10  ]>  P&rt  °f  any  prize-money  awarded  to  a  vessel  of  such  division 

sou-,  j  lino's,  1874,  for  a  capture  made  while  under  his  command,  such  fiftieth 

^fnoteVi'.l'part  to  be  deducted  from  the  moiety  due  to  the  United 

and  3-  States,  if  there  be  such  moiety,  otherwise  from  the  amount 

awarded  to  the  captors;  but  such  fiftieth  part  shall  not  be 

in  addition  to  any  share  which  may  be  due  to  the  com- 

mander of  the  division,  and  which  he  may  elect  to  receive, 

as  commander  of  a  single  ship  making  or  assisting  in  the 

capture. 

Third.  To  the  fleet  captain,  one-hundredth  part  of  all 
prize-money  awarded  to  any  vessel  or  vessels  of  the  fleet 
or  squadron  in  which  he  is  serving,  except  in  a  case  where 
the  capture  is  made  by  the  vessel  on  board  of  which  he  is 

Note  1.—  The  rate  of  pay  which  the  officer  was  in  receipt  of  at  the  time  the  capture 
was  made  is  the  measure  of  his  allowance  out  of  the  proceeds  ;  not  the  increased  pay 
resulting  from  his  promotion  afterwards.  Immaterial  if  his  promotion  gave  him  a 
title  to  the  increased  pay  from  and  including  the  date  of  capture.  A  commander  of 
a  single  ship  in  limited  to  one-tenth,  although  the  amount  would  exceed  that  if  paid 
according  to  his  rank.  It  is  the  same  if  he  was  entitled  to  three-twentieths.  (Op., 
XV,  64,  Dec.  10,  1875,  Pierrepont.  Albemarle  case.  IJut  see  Op.,  XIV,  365,  post.) 

Prize  is  distributed  according  to  the  law  existing  at  the  dato  or  time  of  the  capture. 
The  law  regulating  the  distribution  of  prize-money  is  a  conditional  grant  by  Con- 
gress; as  soon  as  the  conditions  arc  fulfilled  the  grant  becomes  absolute.  (Op.,  XI, 
102,  Sept.  30,  1864,  Bates.) 

An  officer  commissioned  to  a  higher  grade,  prior  to  a  capture,  although  from  delay 
or  other  causes  the  promotion  had  not  reached  him  at  the  time,  and  he  was  on  the 
prize-list  in  the  lower  capacity,  is  entitled  to  share  in  the  higher  grade  if  in  the  per- 
formance of  the  duties  thereof.  If  he  was  entitled  to  pay  in  the  higher  grade,  Iw  • 
was  entitled  to  share  accordingly  in  the  prize.  (Op.,  XIV,  365,  Feb.  6,  1874,  Williams. 
See  also  XIII,  413.) 

An  officer  who  usurps  command  of  a  vessel  can  not  claim  a  share  in  prixe.s  rapt  ured. 
"<  'ommaiiding  officer  means  an  officer  legally  in  command."  In  the  construction  of 
the  prize  act  in  England,  the  court  held  that  the  words  "on  board"  meant  only  such 
persona  as  belonged  to  the  vessel,  and  that  being  corporeally  on  board  was  not  suffi- 
cient. (pp.,  XI,  p.  147,  Jan.  19,  1865,  Speed.) 

An  officer  absent  from  his  command,  for  the  purpose  of  attending  to  his  private 
affairs,  is  not  entitled  to  share  in  prizes  captured  during  his  absence.  Although  lie 
may  have  at  tended  to  a  certain  piece  of  business  while  absent,  or  by  the  orders  ol  a 
superior  of  the  command,  not  having  been  detailed  for  that  business  and  it  not 
appearing  that  the  detail  of  an  officer  from  the  fleet  to  attend  to  it  was  necessary,  he 
is  not  entitled  to  share.  (Op.,  XI,  p.  327,  Aug.  24,  1865,  Speed.  Temple's  case.) 

\ote  2.—  An  act  of  Juno  8,  1874,  chap.  256,  v.  18.  p.  63,  provided  that  paragraphs  2 
and  3  should  apply  to  officers  serving  as  commanders  of  divisions  and  Meet  captains 
from  April,  1861,  and  that  their  shares  should  be  paid  in  the  same  manner  as  pro- 
vided for  division  commanders  in  said  paragraphs  —  the  pavmeuts  to  be  made  out  of 
the  naval  pension  fund. 

Note  S,—  Prize  money  to  Wyoming  and  Takiang:  An  act  approved  February  22,  1883, 
chan.51,vol.22,p.421,providesforpaymcntbytnoSecretaryoftheTreasuryof$140,000 
to  the  officers  and  crew,  or  their  legal  representatives,  of  the  Wyoming  and  Takiang 
(latter  maimed  from  the  Jamestown)  for  destruction  of  hostile  vessels  in  the  Straits  of 
Simouoseki,  etc.,  in  1863,  to  be  distributed  in  the  same  manner  as  prize  money. 


PRIZES    AND    PRIZE    MONEY,  ETC.  417 

serving1  at  the  time  of  such  capture;  and  in  such  case  he 
shall  share,  in  proportion  to  his  pay,  with  the  other  officers 
and  men  on  board  such  vessel. 

Fourth.  To  the  commander  of  a  single  vessel,  one-tenth 
part  of  all  the  prize-money  awarded  to  the  vessel  under  his 
command,  if  such  vessel  at  the  time  of  the  capture  was 
under  the  command  of  the  commanding  officer  of  a  fleet  or 
squadron,  or  a  division,  and  three- twentieths  if  his  vessel 
was  acting  independently  of  such  superior  officer. 

Fifth.  After  the  foregoing  deductions,  the  residue  shall 
be  distributed  and  proportioned  among  all  others  doing- 
duty  on  board,  including  the  fleet-captain,  and  borne  upon 
the  books  of  the  ship,  in  proportion  to  their  respective 
rates  of  pay  in  the  service. 

SEC.  4632.  All  vessels  of  the  Navy  within  signal-distance 
of  the  vessel  or  vessels  making  the  capture,  under  such  s 
circumstances  and  in  such  condition  as  to  be  able  to  render  s 
effective  aid,  if  required,  shall  share  in  the  prize;  and  hi  ' 
case  of  vessels  not  of  the  Navy,  none  shall  be  entitled  to 
share  except  the  vessel  or  vessels  making  the  capture ;  in 
which  term  shall  be  included  vessels  present  at  and  ren- 
dering actual  assistance  in  the  capture. 

SEC.  4633.  No  commanding  officer  of  a  fleet  or  8quadron  rwh»t  officers 
shall  be  entitled  to  receive  any  share  of  prizes  captured  by  n 
any  vessel  or  vessels.not  under  his  command,  nor  of  such 
prizes  as  may  have  been  captured  by  any  vessels  intended 
to  be  placed  under  his  command,  before  they  have  acted 
under  his  orders.  Nor  shall  the  commanding  officer  of  a 
fleet  or  squadron,  leaving  the  station  where  he  had  com- 
mand, have  any  share  in  the  prizes  taken  by  ships  left  on 
such  station  after  he  has  gone  out  of  the  limits  of  his  com- 
mand, nor  after  he  has  transferred  his  command  to  his  suc- 
cessor. No  officer  or  other  person  who  shall  have  been 
temporarily  absent  on  duty  from  a  vessel  on  tlie  books  of 
which  he  continued  to  be  borne,  while  so  absent,  shall  be 
deprived,  in  consequence  of  such  absence,  of  any  prize 
money  to  which  he  would  otherwise  be  entitled.  And  he 
shall  continue  to  share  in  the  captures  of  the  vessels  to 
which  he  is  attached,  until  regularly  discharged  therefrom. 

SEC.  4634.  Whenever  a  decree  of  condemnation  is  ren- 
dered,  the  court  shall  consider  the  claims  of  all  vessels  to    ibia 
participate  in  the  proceeds,  and  for  that  purpose  shall,  at 

Note  4.— A  commander  of  a  squadron  is  not  entitled  to  share  in  prizes  taken  by  a 
vessel  thereof,  after  he  had  transferred  the  command  to  his  successor,  although  the 
captures  were  made  in  pursuance  of  instructions  issued  by  him  before  the  transfer. 
(Op.,  X,  p.  9,  Mar.  4, 1864,  Bates.  Wilkes's  claim.) 

A  Hag-officer  of  a  squadron  is  not  entitled  to  the  share  of  prize  money  accruing  to 
the,  captain  of  his  flag-ship  from  captures  made  by  that  ship  while  her  captain  was 
detached  on  account  of  illness,  and  tho  flag-om'cer  was  de  facto  in  command  of  her. 
The  usage  of  the  naval  service  gave  the  command  of  the  ship  to  the  officer  next  in 
rank  to  tho  detached  commander.  If  there  was  a  commander  of  the  capturing  vessel 
in  law  or  fact,  within  the  terms  of  the  statute  of  distribution,  at  the  time  the  '-apture 
was  made,  he  is  entitled  to  the  commander's  share;  if  there  was  no  such,  then  that 
share  is  part  of  the  common  fund,  in  which  all  concerned  have  a  proportional  right. 
(Idem.) 

A  vessel  which  arrives  within  the  limits  of  a  command  to  which  it  is  to  be  attached, 
and  the  commander  thereof  reports  by  letter  to  the  commander  in  chief  for  further 
instructions,  which  are  given  but  not  received  until  after  certain  captures  have  been 
mnde,  was  within  the  "immediate  command  "  of  the  commanding  officer  of  the  fleet, 
who  is  entitled  to  share.  (Op.,  XI,  p.  94,  Sept.  12, 1864.  Claim  of  Admiral  Lee.) 

376 27 


418   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

as  early  a  stage  of  the  cause  as  possible,  order  testimony 
to  be  taken  tending  to  show  what  part  should  be  awarded 
to  the  captors,  and  what  vessels  are  entitled  to  share;  and 
such  testimony  may  be  sworn  to  before  any  judge  or  com- 
missioner of  the  courts  of  the  United  States,  consul  or 
commercial  agent  of  the  United  States,  or  notary  public,  or 
any  officer  of  the  Navy  highest  in  rank,  reasonably  accessi- 
ble to  the  deponent.  The  court  shall  make  a  decree  of 
distribution,  determining  what  vessels  are  entitled  to  share 
in  the  prize,  and  whether  the  prize  was  of  superior,  equal, 
or  inferior  force  to  the  vessel  or  vessels  making  the  capture. 
The  decree  shall  recite  the  amount  of  the  gross  proceeds  of 
the  prize  subject  to  the  order  of  the  court,  and  the  amount 
deducted  therefrom  for  costs  and  expenses,  and  the  amount 
remaining  for  distribution,  and  whether  the  whole  of  such 
residue  is  to  go  to  the  captors,  or  one  half  to  the  captors 
and  one-half  to  the  United  States. 

-     SEC*  4C35'  A  bouilty  sna^  be  Paid  ^y  tue  United  States 
sank  od    for  each  person  on  board  any  ship  or  vessel  of  war  belonging 
^°  au  enemy  at  the  commencement  of  an  engagement,  which 
310.  is  sunk  or  otherwise  destroyed  in  such  engagement  by  any 

ship  or  vessel  belonging  to  the  United  States  or  which  it 
may  be  necessary  to  destroy  in  consequence  of  injuries  sus- 
tained in  action,  of  one  hundred  dollars,  if  the  enemy's  ves- 
sel was  of  inferior  force,  and  of  two  hundred  dollars,  if  of 
equal  or  superior  force,  to  be  divided  among  the  officers  and 
crew  in  the  same  manner  as  prize-inouey ;  and  when  the 
actual  number  of  men  on  board  any  such  vessel  cannot  be 
satisfactorily  ascertained,  it  shall  be  estimated  according 
to  the  complement  allowed  to  vessels  of  its  class  in  the 
Navy  of  the  United  States;  and  there  shall  be  paid  as 
bounty  to  the  captors  of  any  vessel  of  war  captured  from  an 
enemy,  which  they  may  be  instructed  to  destroy,  or  which 
is  immediately  destroyed  for  the  public  interest,  but  not  in 
consequence  of  injuries  received  in  action,  fifty  dollars  for 
every  person  who  shall  be  on  board  at  the  time  of  such 
capture. 

t8  and ' x  ^ECt  4^39.  All  costs  and  all  expenses  incident  to  the  bring- 
14.  ing  in,  custody,  preservation,  insurance,  sale,  or  other  dis- 
posal of  prize-property,  when  allowed  by  the  court,  shall  be 
charged  upon  such  property,  and  shall  be  paid  from  the 
proceeds  thereof,  unless  the  court  shall  decree  restitution 
free  from  such  charge. 

SEO-  464°-  No  payment  shall  be  made  for  any  prize-fund, 
prizt;  fund.  except  upon  the  order  of  the  court.  All  charges  for  work 
and  labor,  materials  furnished,  or  money  paid,  shall  be 
supported  by  affidavit  or  vouchers.  The  court  may,  at  any 
time,  order  the  payment,  from  the  deposit  made  with  the 
assistant  treasurer  in  the  cause,  of  any  costs  or  charges 
accrued  and  allowed.  When  the  cause  is  finally  disposed 
of,  the  court  shall  make  its  order  or  orders  on  the  assistant 
treasurer  to  pay  the  costs  and  charges  allowed  and  unpaid ; 
and  in  case  the  final  decree  shall  be  for  restitution,  or 
in  case  there  shnll  be  no  money  subject  to  the  order  of 
the  court  in  the  cause,  any  cost  or  charges  allowed  by  the 


PRIZES   AND    PRIZE    MONEY,  ETC.  419 

court,  and  not  paid  by  the  claimants,  shall  be  a  charge 
upon,  and  be  paid  out  of,  the  fund  for  defraying  the  ex- 
penses of  suits  in  which  the  United  States  is  a  party  or 
interested. 

SEC.  4641.  The  net  amount  decreed  for  distribution  to  prfze  m^ey*  ot 
the  United  States,  or  to  vessels  of  the  Navy,  shall  be  ibid.,  s.  is. 
ordered  by  the  court  to  be  paid  into  the  Treasury  of  the 
United  States,  to  be  distributed  according  to  the  decree  of 
the  court.  The  Treasury  Department  shall  credit  the  Navy 
Department  with  each  amount  received  to  be  distributed 
to  vessels  of  the  Navy;  and  the  persons  entitled  to  share 
therein  shall  be  severally  credited  in  their  accounts  with 
the  Navy  Department  with  the  amounts  to  which  they  are 
respectively  entitled.  In  case  of  vessels  not  of  the  Navy, 
and  not  controlled  by  any  Department  of  the  Government, 
the  distribution  shall  be  made  by  the  court  to  the  several 
parties  entitled  thereto,  and  the  amounts  decreed  to  them 
shall  be  divided  between  the  owners  and  the  ship's  com- 
pany, according  to  any  written  agreement  between  them, 
and  in  the  absence  of  such  agreement,  one- half  to  the 
owners  and  one-half  to  the  ship's  company,  according  to 
their  respective  rates  of  pay  on  board ;  and  the  court  may 
appoint  a  commissioner  to  make  such  distribution,  subject 
to  the  control  of  the  court,  who  shall  make  due  return  of 
his  doings,  with  proof  of  actual  payments  by  "him,  and 
who  shall  receive  no  other  compensation,  directly  or  indi- 
rectly, than  such  as  shall  be  allowed  him  by  the  court.  In 
case  of  vessels  not  of  the  Navy,  but  controlled  by  either 
Executive  Department,  the  whole  amount  decreed  to  the 
captors  shall  be  divided  among  the  ship's  company. 

SEC.  4642.  All  ransom-money,  salvage,  bounty,  or  pro- 
ceeds  of  condemned  property,  accruing  or  awarded  to  any  etc. 
vessel  of  the  Navy,  shall  be  distributed  and  paid  to  the  31J     '  8' 
officers  and  men  entitled  thereto  in  the  same  manner  as  ASero8J;fati S9' 
prize-money,  under  the  direction  of  the  Secretary  of  the    ] 
Navy. 

SBC.  4652.  When  any  vessel  or  other  property  shall  have    SStf^S;  p. 
been  captured  by  any  force  hostile  to  the  United  States,  an.     V 
and  shall  be  recaptured,  and  it  shall  appear  to  the  court 
that  the  same  had  not  been  condemned  as  prize  before  its 

Xote  5.— Salvage  is  the  compensation  allowed  to  persons  by  whose  voluntary 
assistance  a  ship  at  sea  or  her  cargo  or  both  have  been  saved  in  whole  or  in  part  from 
impending  sea  peril,  or  in  recovering  such  property  from  actual  peril  or  loss,  as  in 
cases  of  shipwreck,  derelict,  or  recapture.  Three  elements  are  necessary  to  a  valid 
salvage  claim :  1.  A  marine  peril;  2.  Service  voluntarily  rendered  when  not  required 
as  an  existing  duty  or  from  a  special  con  tract;  3.  Success  in  whole  or  in  part,  or  that 
the  service  rendered  contributed  to  such  success.  Proof  of  success,  to  some  extent, 
is  as  essential  as  proof  of  service;  for  if  the  property  is  not  saved,  or  if  it  perishes, 
or  iii  case  of  capture,  if  it  is  not  retaken,  no  compensation  will  be  allowed.  Com- 
pensation as  salvage  is  not  viewed  by  the  admiralty  courts  merely  as  pay  on  the 
principle  of  quantum  meruit,  or  as  a  remuneration  pro  opere  et  labore,  but  as  a  reward 
given  for  perilous  services  voluntarily  rendered,  and  as  an  inducement  to  mariners 
to  embark  in  such  dangerous  enterprises  to  save  life  and  property.  (Voluntary  sail- 
ors, if  not  successful,  are  entitled  to  nothing.  When  engaged  to  go  out  to  the  assist- 
ance of  a  vessel  in  distress  they  are  to  be  paid  according  to  their  efforts,  even  though 
the  labor  and  service  may  not  pVove  beneficial  to  the  vessel  or  cargo.  The  Undaunted, 
1  Lush,  90.)  (Otto,  S.  C.,  101,  p.  384,  case  of  the  Sabine.) 

To  constitute  a  maritime  derelict  the  property  at  sea  must  not  only  be  abandoned, 
but  the  abandonment  must  be  without  hope  of  recovery.  (2  Kent  s  Com.,  357,  and 
cases  cited.)  And  when  such  derelicts  are  found  they  are  to  be  held,  by  the  general 
rule  of  civilized  countries,  perquisites  or  droitg  of  the  admiralty,  subject  to  be 
reclaimed  by  the  owner,  but  without  any  other  claim  on  the  part  of  the  finder  than 
to  his  reasonable  salvage  remuneration  cases  cited.)  What  constitutes  a  reasonable 


420   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORP8,  ETC. 

recapture,  by  any  competent  authority,  the  court  shall 
award  a  meet  and  competent  sum  as  salvage,  according  to 
the  circumstances  of  each  case.  If  the  captured  property 
belonged  to  the  United  States,  it  shall  be  restored  to  the 
United  States,  and  there  shall  be  paid  from  the  Treasury 
of  the  United  States  the  salvage,  costs,  and  expenses 
ordered  by  the  court.  If  the  recaptured  property  belonged 
to  persons  residing  within  or  under  the  protection  of  the 
United  States,  the  court  shall  adjudge  the  property  to  be 
restored  to  its  owners,  upon  their  claim,  on  the  payment  of 
such  sum  as  the  court  may  award  as  salvage,  costs,  and 
expenses.  If  the  recaptured  property  belonged  to  any  per- 
son permanently  resident  within  the  territory  and  under 
the  protection  of  any  foreign  prince,  government,  or  state 
in  amity  with  the  United  States,  and  by  the  law  or  usage 
of  such  prince,  government,  or  state,  the  property  of  a  citi- 
zen of  the  United  States  would  be  restored  under  like  cir- 
cumstances of  recapture,  it  shall  be  adjudged  to  be  restored 
to  such  owner,  upon  his  claim,  upon  such  terms  as  by  the 
law  or  usage  of  such  prince,  government,  or  state  would  be 
required  of  a  citizen  of  the  United  States  under  like  cir- 
cumstances of  recapture;  or  when  no  such  law  or  usage 
shall  be  known,  it  shall  be  adjudged  to  be  restored  upon 
the  payment  of  such  salvage,  costs,  and  expenses  as  the 
court  shall  order.  The  whole  amount  awarded  as  salvage 
shall  be  decreed  to  the  captors,  and  no  part  to  the  United 
States,  and  shall  be  distributed  as  in  the  case  of  proceeds 
of  property  condemned  as  prize.  Nothing  in  this  Title  shall 
be  construed  to  contravene  any  treaty  of  the  United  States. 

salvage  remuneration  is,  of  course,  a  question  for  judicial  determination  in  each  case. 
(Op.,  XI,  p.  2,  Nov.  20,  1863,  Bates.) 

Officers  and  crews  of  public  ships  of  the  United  States  are  not  entitled  to  salvage, 
civil  or  military,  as  of  complete  legal  right.  It  is  against  publicpolicy.  Wirt  (Op., 
July  22,  1824)  said,  "it  was  not  demandable  in  the  ca.se  of  preservation  of  property  of 
the'TJnited  States,  because  the  officer.*  and  crew  have  done  no  more  than  their  d  uly.'' 
Attorney-General  Johnson  advised  that  it  was  allowable  in  a  case  of  portable  foreign 
property(Op.,  20  June,  1849).  The  Supreme  Court  allowed  it  in  the  case  of  the  Amistad 
(XV  Peters,  518).  The  Secretary  has  the  power  to  forbid  the  demand  of  it  by  any 
public  ship  under  his  orders.  (Op.,  VII,  p.  756,  Cushiug,  July  8, 1856.) 

Where  a  vessel  at  sea  is  in  imminent  danger,  and  a  part  of  either  vessel  or  cargo 
is  voluntarily  sacrificed  to  save  the  rest,  and  the  sacrifice  is  successful,  the  portion 
saved  must  contribute  pro  rata  to  make  the  loss  good.  Tim  direct  and  immediate 
consequences  of  involuntary  stranding  not  .subjects  of  general  average ;  o./'/c/-  strand- 
ing, to  avert  peril  surrounding  vessel  and  cargo,  owners  of  cargo  to  contribute  by 
way  of  general  average  proportion  of  expenses  voluntarily  incurred  and  sacrifices 
voluntarily  made.  Injury  to  vessel  in  act  of  stranding  not  a  subject  of  general 
average.  (Op.,  IX,  p.  447,  July  19, 1860,  Black.) 

Where  a  vessel  put  into  a  harbor  "in  a  furious  storm,"  leaking,  was  run  ashore 
and  wrecked  through  no  fault  or  misconduct  on  the  part  of  the  master  and  rrew,  the 
owners  are  under  no  legal  obligation  to  remove  the  wreck,  although  it  may  be  a 
serious  obstruction  to  navigation.  (Op.,  XV,  p.  71.  See  also  p.  285,  as  to  the  authority 
of  the  Government  as  to  the  removal  of  wrecks  which  are  obstructions.) 

The  word  "wrecked,"' as  used  in  section  4136  Revised  Statutes  (oenceraing  the 
registering  of  vessels)  is  applicable  to  a  vessel  which  is  disabled  and  rendered  unlit 
for  navigation,  whether  by  the  wind,  waves,  stranding,  fire,  explosion  of  boilers,  or 
other  casualty.  (Op.,  X  V,  p.  402,  Dec.  5, 1877.) 

The  ottieers  and  crew  of  a  vessel  in  the  naval  marine  of  the  United  States  are 
entitled  to  salvage  for  saving  a  French  ship,  the  objection  that  Government  vessels 
are  not  thus  entitled  being  invalid.  The  rule  is  universal  in  the  lulled  States,  thai 
salvage  rendered  by  the  naval  marine  is  to  be  compensated. in  like  manner  as  that 
rendered  by  the  private  marine.  (Op.,  V,  p.  116,  June  20, 1849,  Johnson.  See  also  Op., 
XII,  p.  289,  on  the  subject.) 

It  is  well  settled  that  where  a  vessel  is  voluntarily  run  ashore  to  prevent  a  total 
loss  of  vessel  and  cargo,  but  is  afterwards  recovered  so  as  to  be  able  to  perform  her 
voyage,  tin-  loss  resulting  from  the  stranding  is  to  be  made  gcod  by  general  average 
contribution.  The  contribution  applies  to  the.  Government  as  well  as  to  individuals. 
(C.C.,XV,p.392.) 


QUARANTINE  AND  BOARD  OF  HEALTH. 


421 


SEC.  5310.  No  property  seized  or  taken  upon  any  of  the       Title  69- 
inland  waters  of  the  United  States  by  the  naval  forces    Property  taken 
thereof  shall  be  regarded  as  maritime  prize;  but  all  prop-  ^juiy't  Ys&Ts.' 
erty  so  seized  or  taken  shall  be  promptly  delivered  to  the  7-  v-  13-  P-  377- 
proper  officers  of  the  courts. 

SEC.  5441.  Every  person  who  willfully  does  any  act  or  5??I?»_c!^ 
aids  or  advises  in  the  doing  of  any  act  relating  to  the  bring-  fr^fn*i"®  aptor 
ing  in,  custody,  preservation,  sale,  or  other  disposition  of  <«•  claimant,  etc., 
any  property  captured  as  prize,  or  relating  to  any  docu-  "' 


nients  or  i^apers  connected  with  the  property,  or  to  any  si.  v.  is,  P.  sis. 
deposition  or  other  document  or  paper  connected  with  the46526  $' 
proceedings,  with  intent  to  defraud,  delay,  or  injure  the 
United  States  or  any  captor  or  claimant  of  such  property, 
shall  be  punished  by  a  fine  of  not  more  than  ten  thousand 
dollars,  or  by  imprisonment  not  more  than  five  years,  or 
both. 


QUARANTINE  AND  BOARD  OF  HEALTH. 


Sec. 

4792.  State  health  laws  to  he  ohserved  hy 

United  States  officers. 
Act  Aug.   1,    1888.  Quarantine  ser- 
vice established. 

Act  Feb.  15,  1893.  Vessels  from  in- 
fected ports  entering  United 
States;  penalty. 

Marine  Hospital  and  customs-offi- 
cers to  enforce  quarantine  laws. 


Sec. 


Rules  for  vessels  from  foreign  ports. 

Sanitary  reports  to  be  made  hy  con- 
suls. 

Inspection,  etc.,  on  arrival. 

Act  Mar.  3,  1893.  Appropriation 
for  preventing  epidemics. 


SEC.  4792.  The  quarantine  and  other  restraints  estab-       Title  58. 
lished  by  the  health-laws  of  any  State,  respecting  any  ves-    state  health 
sels  arriving  in,  or  bound  to,  any  port  or  district  thereof, 


shall  be  duly  observed  by  the  officers  of  the  customs  reve-  states 

nue  of  the  United  States,  by  the  masters  and  crews  of  theotj;eb  23  1799  s 

several  revenue-  cutters,  and  by  the  military  officers  com-i,v.i,'p.ei9. 

manding  in  any  fort  or  station  upon  the  sea-coast;  and  all 

such  officers  of  the  United  States  shall  faithfully  aid  in  the 

execution  of  such  quarantines  and  health-laws,  according 

to  their  respective  powers  and  within  their  respective  pre- 

cincts, and  as  they  shall  be  directed,  from  time  to  time,  by 

the  Secretary  of  the  Treasury.    But  nothing  in  this  Title 

shall  enable  any  State  to  collect  a  duty  of  tonnage  or  im- 

post without  the  consent  of  Congress. 

That  whenever  any  person   shall    trespass    upon  the   Aug.  i,  isss. 
grounds  belonging  to  any  quarantine  reservation,  or  when-    25  stat.  L.,  355. 
ever  any  person,  master,  pilot,  or  owner  of  a  vessel  enter- 


ing  any  port  of  the  United  States,  shall  so  enter  in  viola-  meat,  etc.,  upon 
tion  of  section  one  of  the  act  entitled  "An  act  to  prevent  grounds."  tine 
the  introduction  of  contagious  or  infectious  diseases  into    ISTS,  Apr.  29, 
the  United  States,"  approved  April  twenty-ninth,  eighteen  u^'vi^iilS™'. 
hundred  and  seventy  eight,  or  in  violation  of  the  quaran-709- 
tine  regulations  framed  under  said  act,  such  person,  tres- 
passing, or  such  master,  pilot,  or  other  person  in  command 
of  a  vessel  shall,  upon  conviction  thereof,  pay  a  fine  of  not 
more  than  three  hundred  dollars,  or  be  sentenced  to  impris- 
onment for  a  period  of  not  more  than  thirty  days,  or  shall 
be  punished  by  both  fine  and  imprisonment,  at  the  discre- 
tion of  the  court. 


422       LAWS    RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 

-duty  of  district  And  it  shall  be  the  duty  of  the  United  States  attorney  in 
?Dg°toeya  lt' the  district  where  the  misdemeanor  shall  have  been  com- 
mitted to  take  immediate  cognizance  of  the  offense,  upon 
report  made  to  him  by  any  medical  officer  of  the  Marine 
Hospital  Service,  or  by  any  officer  of  the  customs  service, 
or  by  any  State  officer  acting  under  authority  of  section 
five  of  said  act. 

•2n*IstabUsha<S      ^EC'  ^*  ^na*  as  SOO!I  a^er  *ne  passage  of  this  act  as 
1888,  Mar. 5, oh.  practicable,  the  Secretary  of  the  Treasury  shall  cause  to  be 
20, p. 58i.  established,  in  addition  to  the  quarantine  established  by 

the  act  approved  March  fifth,  eighteen  hundred  and  eighty- 
eight,  quarantine  stations  as  follows : 

One  at  the  mouth  of  the  Delaware  Bay;  one  near  Cape 
Charles,  at  the  entrance  of  the  Chesapeake  Bay;  one  on 
the  Georgia  coast;  one  at  or  near  Key  West;  one  in  San 
Diego  Harbor;  one  in  San  Francisco  Harbor;  and  one  at 
or  near  Port  Townsend,  at  the  entrance  to  Puget  Sound; 
and  the  said  quarantine  stations  when  so  established  shall 
be  conducted  by  the  Marine  Hospital  Service  tinder  regu- 
lations framed  in  accordance  with  the  act  of  April  twenty- 
ninth,  eighteen  hundred  and  seventy-eight. 

Feb.  is,  1893.  That  it  shall  be  unlawful  for  any  merchant  ship  or  other 
27  stat.  L.J449~  vessel  from  any  foreign  port  or  place  to  enter  any  port  of 
vessels  from  the  United  States  except  in  acordance  with  the  provisions 
of  this  act  and  with  such  rules  ami  regulations  of  State  and 
un^°^Pa^  nea^a  authorities  as  may  be  made  in  pursuance 
see  note  i.  of,  or  consistent  with,  this  act;  and  any  such  vessel  which 

Review  of  laws     Note  1.— Provisions  relating  to  the  public  health  appear  in  R.  S.,  title  58,  sees.  4792- 

relating  to  pub-  4800.    As  to  State  quarantine  laws,  see  118  U.  S.,  455. 

lie  health.  1878,  April  29,  ch.  66  (1  Supp.  R.  S.,  157,  and  20  Stat  L.,  37),  provides  regulations  to 

prevent  the  introduction  of  contagious  or  infectious  diseases  into  the  United  States. 
Sees.  2,  3, 4  of  that  act  are  expressly  repealed  by  1879,  June  2,  ch.  11,  s.  9  (21  Stat.  L., 
7),  and  were  for  that  reason  omitted  from  the  first,  volume  of  the  Supplement . 

The  Attorney-General,  however,  in  an  opinion  dated  September  1, 1892,  holds  that 
the  expiration  of  the  latter  act  by  the  limitation  of  its  own  sec.  10  has  the  effect  of 
reviving  the  repealed  sections  or  the  act  of  1878,  notwithstanding  tho  provisions 
of  R.  S.,  sec.  12.  The  act  of  1878  is  therefore  here  given  in  full : 

Anr.  °9   1878     AN  ACT  to  prevent  tho  introduction  of  contagious  or  infectious  diseases  into  the 

United  States. 


20  Stat.  L.,  37. 

Vessels  trom  in-     j}g  it  enacted,  rf-c.,  That  no  vessel  or  vehicle  coining  from  any  foreign  port  or  coun- 
fected   ports  en  try  where  any  contagious  or  infectious  disease  may  exist,  and  no  vessel  or  vehicle 
tennt£     United  conveying  any  person  or  persons,  merchandise  or  animals,  affected  with  any  int'ec- 
ites,  subject  to  tioiis  or  contagious  disease,  shall  enter  any  port  of  the  United  States  o*  pass  the 
;«  quarantine  boundary  line  between  the  United  States  and  any  foreign  country,  contrary  to  the 
laws  and  regula-  quarantine  laws  of  any  one  of  said  United  States,  into  or  through  the  jurisdiction 
of  which  said  vessel  or  vehicle  may  pass,  or  to  which  it  is  destined,  or  except  in 
the  manner  and  subject  to  the  regulations  to  be  prescribed  as  hereinafter  provided. 
Consuls  to  re-     SEC.  2.  That  whenever  any  infectious  or  contagious  disease  shall  appear  in  any  for- 
port  vessels  leav-  eign  port  or  country,  and  whenever  any  vessel  snail  leave  any  infected  foreign  port, 
ing      infected  or,  having  on  board  goods  or  passengers  coming  from  any  place  or  district  infected 
ports.  \\  it  li  cholera  or  yellow  fever,  shall  leave  any  foreign  port,  bound  for  any  port  in  the 

( 'nited  States,  the  consular  officer,  or  other  representative  of  the  United  states  at  or 
nearest  such  foreign  port  shall  immediately  give  information  thereof  to  the  Super- 
vising Surgeon-General  of  the  Marino  Hospital  Service,  and  shall  report  to  him  tho 
name,  the  date  of  departure,  and  the  port  of  destination  of  such  vessel ; 

and  shall  MM  make  (ho  same  report  to  the  health  officer  of  the  port  of  destination 
in  the  United  States,  and  the  consular  officers  of  tho  United  States  shall  make  weekly 
reports  to  him  of  the  sanitary  condition  of  the  ports  at  which  they  are  respectively 
stationed ; 

Surgeon-Gen-     and  the  said  Surgeon-General  of  the  Marine-Hospital  Service  shall,  under  the  direc- 

eral  of  Marine-  tion  of  tho  Secretary  of  the  Treasury,  be  charged  with  the  execution  of  the  provi- 

Hospital  Service  sions  of  this  act,  and  shall  frame  all  needful  rules  and  regulations  for  that  purpose, 

to  execute  act.      which  roles  and  regulations,  shall  be  subject  to  the  approval  of  the  President,  but 

such  rules  and  regulations  shall  not  conflict  with  or  impair  any  sanitary  or  quaran- 


QUARANTINE  AND  BOARD  OF  HEALTH.          423 

shall  enter,  or  attempt  to  enter,  a  port  of  the  United  States  -penalty. 
in  violation  thereof  shall  forfeit  to  the  United  States  a  sum, 
to  be  awarded  in  the  discretion  of  the  court,  not  exceeding 
five  thousand  dollars,  which  shall  be  a  lien  upon  said  ves- 
sel, to  be  recovered  by  proceedings  in  the  proper  district 
court  of  the  United  States. 

In  all  such  proceedings  the  United  States  district  attor-  Proceedings. 
ney  for  such  district  shall  appear  on  behalf  of  the  United 
States;  and  all  such  proceedings  shall" be  conducted  in 
accordance  with  the  rules  and  laws  governing  cases  of  seiz- 
ure of  vessels  for  violation  of  the  revenue  laws  of  the  United 
States. 

SEC.  2.  That  any  vessel  at  any  foreign  port  clearing  for    sm  of  health 
any  port  or  place  in  the  United  States  shall  be  required  to  from  consul?"" 
obtain  from  the  consul,  vice-consul,  or  other  consular  offi-  Oh1^90401  Agj1^;  18> 
cer  of  the  United  States  at  the  port  of  departure,  or  from 
the  medical  officer  where  such  officer  has  been  detailed  by  the 
President  for  that  purpose,  a  bill  of  health,  in  duplicate,  in 
the  form  prescribed  by  the  Secretary  of  the  Treasury,  set- 
ting forth  the  sanitary  history  and  condition  of  said  vessel, 
and  that  it  has  in  all  respects  complied  with  the  rules  and 

tine  laws  or  regulations  of  any  State  or  municipal  authorities  now  existing  or  which 
may  hereafter  be  enacted. 

SEC.  3.  That  it  shall  bo  the  duty  of  the  medical  officers  of  the  Marine-Hospital  Marine -Hospi- 
Service  and  of  customs-officers  to  aid  in  the  enforcement  of  the  national  quarantine  tal  and  customs 
rules  and  regulations  established  under  thc.preceding  section;  but  no  additional  officers  to  enforce 
compensation  shall  be  allowed  said  officers  by  "reason  of  such  services  as  they  may  be  quarantine  laws, 
required  to  perform  under  this  act,  except  actual  and  necessary  traveling  expenses. 

SEC.  4.  That  the  Surgeon-General  of  the  Marine-Hospital  Service  shall,  upon  re-  Surgcon-Gen- 
ceiptof  information  of  the  departure  of  any  vessel,  goods,  or  passengers  from  infected  cral  of  Marino 
places  to  any  port  in  the  United  States,  immediately  notify  the  proper  State  or  muni-  Hospital  to  noti- 
cipal  and  United  States  officer  or  officers  at  the  threatened  port  of  destination  of  the  fy  collectors  and 
vessel,  and  shall  prepare  and  transmit  to  the  medical  officers  of  the  Marino  Hospital  to  transmit 
Service,  to  collectors  of  customs,  and  to  the  State  and  municipal  health  authorities  weekly  abstracts 
in  the  United  States,  weekly  abstracts  of  the  consular  sanitary  reports  and  other  of  sanitary  re- 
pertinent  information  received  by  him.  ports  to  certain 

officers. 

SEC.  5.  That  wherever,  at  any  port  of  the  United  States,  any  State  or  municipal  Officers  of  State 
quarantine  system  may  now,  or  may  hereafter  exist,  the  officers  or  agents  of  such  quarantine  sys- 
system  shall,  upon  the  application  of  the  respective  State  or  municipal  authorities,  tern  may  act  as 
be  authorized  and  empowered  to  act  as  officers  or  agents  of  the  national  quarantine  officers  of  nation- 
system,  and  shall  be  clothed  with  all  the  powers  of  United  States  officers  for  quar-  al  system,  when, 
antine  purposes,  but  shall  receive  no  pay  or  emoluments  from  the  United  States. 

At  all  other  ports  where,  in  the  opinion  of  the  Secretary  of  the  Treasury,  it  shall  Duties  of  offi- 
be  deemed  necessary  to  establish  quarantine,  the  medical  officers  or  other  agents  of  cers  of  Marine- 
the  Marine-Hospital  Service  shall  perform  such  duties  in  the  enforcement  of  the  Hospital  Service, 
quarantine  rules  and  regulations  as  may  be  assigned  them  by  the  Surgeon-General  11.  S.,  sees.  4801- 
of  that  service  under  this  act :  4806  •  1890,  March 

27,  ch.  51,  s.  2  (1 
Supp.  R.  S.,710). 

Provided,  That  there  shall  be  no  interference  in  an  manner  with  any  quarantine  State  laws  not 
laws  or  regulations  as  they  now  exist  or  may  hereafter  be  adopted  under  State  laws.  to  De  interfered 

with.  R.S.,sec. 
4791;  US  U.  S., 
464. 

SEC.  6.  That  all  acts  or  parts  of  acts  inconsistent  with  this  act  be,  and  the  same     Repeal, 
are  hereby,  repealed. 

A  National  Board  of  Health  was  created  by  1879,  March  3,  ch.  202  (1  Supp.  R.  S., 
2G1,  and  20  Stat.  L.,  484).  This  Board,  after  failing  for  a  number  of  vears  to  receive 
auy  appropriations  for  current  salaries  and  expenses,  is  abolished  by  sec.  9  of  this 
act.  The  several  acts  relating  to  it  are  summarized  in  143  U.  S.,  578. " 

1879,  June  14,  Res.  No.  6  (1  Supp.  R.  S.,  273),  authorizes  the  Secretary  of  the  Navy 
to  place  vessels  or  hulks  not  required  for  other  uses  at  the  disposal  of  quarantine 
authorities. 

1888,  August  1,  ch.  727  (1  Supp.  R.  S.,  600),  provides  punishment  for  violating  quar- 
antine regulations,  and  for  the  establishment  of  additional  quarantine  stations. 

1890,  March  27,  ch.  51  (1  Supp.  R.  S.,  709),  provides  against  the  introduction  of  con- 
tagious diseases  from  one  State  to  another,  and  for  the  punishment  of  certain  offenses 
against  the  quarantine  laws. 

"Persons  suffering  from  a  loathsome  or  a  dangerous  contagious  disease"  are  ex- 
cluded from  entering  the  United  States  by  1891,  March  3,  ch.  551,  s.  1  (1  Supp.  R.  S., 
934). 


424   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

regulations  iii  such  cases  prescribed  for  securing  the  best 
sanitary  condition  of  the  said  vessel,  its  cargo,  passengers, 
and  crew; 

-contents.  and  said  consular  or  medical  officer  is  required,  before 

granting  such  duplicate  bill  of  health,  to  be  satisfied  that 
the  matters  and  things  therein  stated  are  true; 

Fees  of  consul,     and  for  his  services  in  that  behalf  he  shall  be  entitled  to 

demand  and  receive  such  fees  as  shall  by  lawful  regulation 

be  allowed,  to  be-accounted  for  as  is  required  in  other  cases. 

Medical  officer     The  President,  in  his  discretion,  is  authorized  to  detail 

aTeaniidtte?*16*  any  medical  officer  of  the  Government  to  serve  in  the  office 
of  the  consul  at  any  foreign  port  for  the  purpose  of  furnish- 
ing information  and  making  the  inspection  and  giving  the 
bills  of  health  hereinbefore  mentioned. 
Penalty  for  ye*      Any  vessel  clearing  and  sailing  from  any  such  port  with- 

ouVbiiTof  Kith! Ollt  s"ch  bil1  of  wealth,  and  entering  any  port  of  the  United 
States,  shall  forfeit  to  the  United  States  not  more  than  five 
thousand  dollars,  the  amount  to  be  determined  by  the  court, 
which  shall  be  a  lien  on  the  same,  to  be  recovered  by  pro- 
ceedings in  the  proper  district  court  of  the  United  States. 
Proceedings.  In  all  such  proceedings  the  United  States  district  attor- 
ney for  such  district  shall  appear  on  behalf  of  the  United 
States;  and  all  such  proceedings  shall  be  conducted  in 
accordance  with  the  rules  and  laws  governing  cases  of 
seizure  of  vessels  for  violation  of  the  revenue  laws  of  the 
United  States. 
Marine- Hospi-  SEC.  3.  That  the  Supervising  Surgeon-General  of  the 

sfJt^ocanieaiSi [Marine  Hospital  Service  shall,  immediately  after  this  act 

board*  to  enforce  takes  eft'ect,  examine  the  quarantine  regulations  of  all 
State  and  municipal  boards  of  health,  and  shall,  under  the 
direction  of  the  Secretary  of  the  Treasury,  co-operate  with 
and  aid  State  and  municipal  boards  of  health  in  the  execu- 
tion and  enforcement  of  the  rules  and  regulations  of  such 
boards  and  in  the  execution  and  enforcement  of  the  rules 
and  regulations  made  by  the  Secretary  of  the  Treasury  to 
prevent  the  introduction  of  contagious  or  infectious  diseases 
into  the  United  States  from  foreign  countries,  and  into  one 
State  or  Territory  or  the  District  of  Columbia  from  another 
State  or  Territory  or  the  District  of  Columbia ; 

Rules  to  ope-     and  all  rules  and  regulations  made  by  the  Secretary  of  the 
Treasury  shall  operate  uniformly  and  in  no  manner  discrim- 
inate against  any  port  or  place; 
Additional     and  at  such  ports  and  places  within  the  United  States  as 

geerVtary  o^nav^  no  quarantine  regulations  under  State  or  municipal 

Treasury  where  authority,  where  such  regulations  are,  in  the  opinion  of  the 
* Secretary  of  the  Treasury,  necessary  to  prevent  the  intro- 
duction of  contagious  or  infectious  diseases  into  the  United 
States  from  foreign  countries,  or  into  one  State  or  Territory 
or  the  District  of  Columbia  from  another  State  or  Territory 
or  the  District  of  Columbia,  and  at  such  ports  and  places 
within  the  United  States  where  quarantineregulations  exist 
under  the  authority  of  the  State  or  municipality  which,  in 
the  opinion  of  the  Secretary  of  the  Treasury,  are  not  sufli- 
cient  to  prevent  the  introduction  of  such  diseases  into  the 
United  States,  or  into  one  State  or  Territory  or  the  District 
of  Columbia  from  another  State  or  Territory  or  the  District 


QUARANTINE  AND  BOARD  OF  HEALTH.          425 

of  Columbia,  the  Secretary  of  the  Treasury  shall,  if  hi  his 

judgment  it  is  necessary  and  proper,  make  such  additional 

rules  and  regulations  as  are  necessary  to  prevent  the  intro- 

duction of  such  diseases  into  the  United  States  from  foreign 

countries,  or  into  one  State  or  Territory  or  the  District  of 

Columbia  Iroin  another  State  or  Territory  or  the  District  of 

Columbia,  and  when  said  rules  and  regulations  have  been 

made  they  shall  be  promulgated  by  the  Secretary  of  theTreas 

ury  and  enforced  by  the  sanitary  authorities  of  the  States 

and  municipalities,  where  the  State  or  municipal  health  au- 

thorities will  undertake  to  execute  and  enforce  them;  but~howeuforced- 

if  the  State  or  municipal  authorities  shall  fail  or  refuse  to 

enforce  said  rules  and  regulations  the  President  shall  exe- 

cute and  enforce  the  same  and  adopt  such  measures  as  in 

his  judgment  shall  be  necessary  to  prevent  the  introduction 

or  spread  of  such  diseases,  and  may  detail  or  appoint  officers 

for  that  purpose. 

The  Secretary  of  the  Treasury  shall  make  such  rules  s 
and  regulations  as  are  necessary  to  be  observed  by  vessels  i>ort8 
at  the  port  of  departure  and  on  the  voyage,  where  such 
vessels  sail  from  any  foreign  port  or  place  to  any  port  or 
place  in  the  United  States,  to  secure  the  best  sanitary  cou- 
ditioii   of  such  vessel,  her  cargo,  passengers,  and  crew; 
which    shall    be  published    and    communicated    to    and 
enforced  by  the  consular  officers  of  the  United  States. 

None  of  the  penalties  herein  imposed  shall  attach  to  any 
vessel  or  owner  or  officer  thereof  until  a  copy  of  this  act, 
with  the  rules  and  regulations  made  in  pursuance  thereof, 
has  been  posted  up  in  the  office  of  the  consul  or  other  con- 
sular officer  of  the  United  States  for  ten  days,  in  the  port 
from  which  said  vessel  sailed;  and  the  certificate  of  such 
consul  or  consular  officer  over  his  official  signature  shall 
be  competent  evidence  of  such  posting  in  any  court  of  the  , 
United  States. 


SEC.  4.  That  it  shall  be  the  duty  of  the  supervising  Sur-  )i^ 
geon-General  of  the  Marine  Hospital  Service,  under  the5! 
direction  of  the  Secretary  of  the  Treasury,  to  perform  all  Jjj 
the  duties  in  respect  to  quarantine  and  quarantine  regula-  tion,  etc. 
tions  which  are  provided  for  by  this  act,  and  to  obtain 
information  of  the  sanitary  condition  of  foreign  ports  and 
places  from  which  contagious  and  infectious  diseases  are 
or  may  be  imported  into  the  United  States, 

and  to  this  end  the  consular  officer  of  the  United  States  s^irft 
at  such  ports  and  places  as  shall  be  designated  by  the  by  consuls.  ™' 
Secretary  of  the  Treasury  shall  make  to  the  Secretary  of 
the  Treasury  weekly  reports  of  the  sanitary  condition  of  the 
ports  and  places  at  which  they  are  respectively  stationed, 
according  to  such  forms  as  the  Secretary  of  the  Treasury 
shall  prescribe; 

and  the  Secretary  of  the  Treasury  shall  also  obtain,  f  .  Week|f  <!ome"- 

j_i  i          11  «  i   i         •        i       •»•  £^  i  *  HaiiiicU  ^     i<3- 

through  all  sources  accessible,  including  State  and  muni-  ports. 

cipal  sanitary  authorities  throughput  the  United  States, 

weekly  reports  of  the  sanitary  condition  of  ports  and  places 

within  the  United  States,  and  shall  prepare,  publish,  and    Publication 

transmit  to  collectors  of  customs  and  to  State  and  munic-a 

ipal  health  officers  and  other  sanitarians  weekly  abstracts 


426       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

of  the  consular  sanitary  reports  and  other  pertinent  infor- 
mation received  by  him, 

climatic,  etc.,     and  shall  also,  as  far  as  he  may  be  able,  by  means  of  the 
conditions!        voluntary  co-operation  of  State  and  municipal  authorities, 
of  public  associations,  and  private  persons,  procure  infor- 
mation relating  to  the  climatic  and  other  conditions  affect- 
ing the  public  health, 

Annual  report.  an(j  shall  make  an  annual  report  of  his  operations  to 
Congress,  with  such  recommendations  as  he  may  deem 
important  to  the  public  interest. 

Rules  tosecurc  SEC.  5.  That  the  Secretary  of  the  Treasury  shall  from 
tions*o? ve«&eis,  time  to  time  issue  to  the  consular  officers  of  the  United 
etc-  States  and  to  the  medical  officers  serving  at  any  foreign 

port,  and  otherwise  make  publicly  known,  the  rules  and 
regulations  made  by  him,  to  be  used  and  complied  with  by 
vessels  in  foreign  ports,  for  securing  the  best  sanitary  con- 
ditions of  such  vessels,  their  cargoes,  passengers,  and  crew, 
before  their  departure  for  any  port  in  the  United  States, 
and  in  the  course  of  the  voyage ; 

InoparrivaF'  ai1^  a^  suc^  °tner  rules  and  regulations  as  shall  be 
observed  in  the  inspection  of  the  same  on  the  arrival 
thereof  at  any  quarantine  station  at  the  port  of  destina- 
tion, and  for  the  disinfection  and  isolation  of  the  same, 
and  the  treatment  of  cargo  and  persons  on  board,  so  as  to 
prevent  the  introduction  of  cholera,  yellow  fever,  or  other 
contagious  or  infectious  diseases; 

vessels   to     and  it  shall  not  be  lawful  for  any  vessel  to  enter  said 

h"dth°n  otticer"  port  to  discharge  its  cargo,  or  land  its  passengers,  except 

certificate.         UpOI1  a  certificate  of  the  health  officer  at  such  quarantine 

station  certifying  that  said  rules  and  regulations  have  in 

all  respects  been  observed  and  complied  with,  as  well  on 

his  part  as  on  the  part  of  the  said  vessel  and  its  master, 

,  in  respect  to  the  same  and  to  its  cargo,  passengers,  and 

crew; 

deo  a  ^e  mas*er  °f  fcvery  such  vessel  shall  produce  and 
°  deliver  to  the  collector  of  customs  at  said  port  of  entry, 
together  with  the  other  papers  of  the  vessel,  the  said  bills 
of  health  required  to  be  obtained  at  the  port  of  departure 
and  the  certificate  herein  required  to  be  obtained  from  the 
health  officer  at  the  port  of  entry; 

?,ni8  of  health,  and  that  the  bills  of  health  herein  prescribed  shall  be 
l>  considered  as  part  of  the  ship's  papers,  and  when  duly 
certified  to  by  the  proper  consular  or  other  officer  of  the 
United  States,  over  his  official  signature  and  seal,  shall  be 
accepted  as  evidence  of  the  statements  therein  contained 
in  any  court  of  the  United  States. 

infected    res-     SEC.  6.  That  on  the  arrival  of  an  infected  vessel  at  any 

miUl\'MMSuar;m°Port  noti  provided  with  proper  facilities  for  treatment  pt 

tine  station.       the  same,  the  Secretary  of  the  Treasury  may  remand  said 

vessel,  at  its  own  expense,  to  the  nearest  national  or  other 

quarantine  station,  where  accommodations  and  appliances 

are  provided  for  the  necessary  disinfection  and  treatment 

of  the  vessel,  passengers,  and  cargo; 

certificate     and  after  treatment  of  any  infected  vessel  at  a  national 

fc>  quarantine  station,  and  after  certificate  shall  have  been 

given  by  the  United  States  quarantine  officer  at  said  station 


QUARANTINE  AND  BOARD  OF  HEALTH.          427 

that  the  vessel,  cargo,  and  passengers  are  each  and  all  free 
from  infectious  disease,  or  danger  of  conveying  the  same, 
said  vessel  shall  be  admitted  to  entry  to  any  port  of  the 
United  States  named  within  the  certificate. 

But  at  any  ports  where  sufficient  quarantine  provision  tilj;ocal  <inaran- 
has  been  made  by  State  or  local  authorities  the  Secretary 
of  the  Treasury  may  direct  vessels  bound  for  said  ports  to 
undergo  quarantine  at  said  State  or  local  station. 

SEC.  7.  That  whenever  it  shall  be  shown  to  the 
tion  of  the  President  that  by  reason  of  the  existence  of  enduring  exist, 
cholera  or  other  infectious  or  contagious  diseases  in  a  for- 
eigu  country  there  is  serious  danger  of  the  introduction  of 
the  same  into  the  United  States,  and  that  notwithstanding 
the  quarantine  defense  this  danger  is  so  increased  by  the 
introduction  of  persons  or  property  from  such  country  that 
a  suspension  of  the  right  to  introduce  the  same  is  demanded 
in  the  interest  of  the  public  health,  the  President  shall  have 
power  to  prohibit,  in  whole  or  in  part,  the  introduction  of 
persons  and  property  from  such  countries  or  places  as  he 
shall  designate  and  for  such  x>eriod  of  time  as  he  may  deem 
necessary. 

SEC.  8.  That  whenever  the  proper  authorities  of  a  State 
shall  surrender  to  the  United  States  the  use  of  the  build-  swings,  etc. 
ings  and  disinfecting  apparatus  at  a  State  quarantine  sta- 
tion, the  Secretary  of  the  Treasury  shall  be  authorized  to 
receive  them  and  to  pay  a  reasonable  compensation  to  the 
State  for  their  use,  it^  in  his  opinion,  they  are  necessary  to 
the  United  States. 

SEC.  9.  That  the  act  entitled  "An  act  to  prevent  the  intro-  pf 
duction  of  infectious  or  contagious  diseases  into  the  United 
States,  and  to  establish  a  national  board  of  health/7  ap- 
proved  March  third,  eighteen  hundred  and  seventy  nine,  Supp>R-s>'261)> 
be,  and  the  same  is  hereby,  repealed. 

And  the  Secretary  of  the  Treasury  is  directed  to  obtain  j  to 

possession  of  any  property,  furniture,  books,  paper,  or 
records  belonging  to  the  United  States  which  are  not  in 
the  possession  of  an  officer  of  the  United  States  under  the 
Treasury  Department  which  were  formerly  in  the  use  of 
the  National  Board  of  Health  or  any  officer  or  employee 
thereof. 

The  President  of  the  United  States  is  hereby  authorized,  .2 
in  case  of  a  threatened  or  actual  epidemic,  to  use  a  sum,riviiact. 
not  exceeding  one  hundred  thousand  dollars,  out  of  any 
money  in  the  Treasury  not  otherwise  appropriated,  in  aid 
of  State  and  local  boards  or  otherwise,  in  his  discretion, 
in  preventing  and  suppressing  the  spread  of  the  same  and 
maintaining  quarantine  at  points  of  danger. 

[Par.  7.}  The  President  of  the  United  States  is  hereby  _ 
d, 


authorized,  in  case  of  threatened  or  actual  epidemic  of  pf.  a 
cholera,  yellow  fever,  or  smallpox,  to  use  the  un  expended  probation1  for 
balance  of  the  sums  appropriated  and  reappropriated  by5SSS?&be5i" 
the  sundry  civil  appropriation  act  approved  August  fifth,  pendeii'm  dtscre- 
eighteen  hundred  and  ninety-two,  or  so  much  thereof  astionofpresideilt. 
may  be  necessary,  in  aid  of  State  and  local  boards,  or  other- 
wise, in  his  discretion,  in  preventing  and  suppressing  the 


428       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

See  notes  2  ami  3.  spread,  of  the  same;  and  in  such  emergency  in  the  execution 
of  any  quarantine  laws  which  may  be  then  in  force,  and  the 
additional  sum  of  nine  hundred  thousand  dollars  is  hereby 
appropriated  for  the  same  purpose  to  be  immediately  avail- 
able. *  *  * 


Note  2.  —  This  act  reappropri«tteu  the  unexpended  balance  of  a  former  appropriation 
and  $100,000  additional  (27  Stat.  L.,  367). 

Note  3.  —  Very  important  changes  in  the  quarantine  laws  are  made  l»v  ISO::.  Ft  •!>.  If), 
ch.  114,  p.  82.  See  the  notes  thereon. 

RAILROADS  AND  TELEGRAPHS. 
RAILROADS. 

Sec.  See. 

5258.  Interstate  communication.  ;  Act  June    25,    1892.   Forfeited    railroad 

5260.  Payments  to  he  withheld  from  eer-  |  grants. 

tain  roads.  ;  -  Right  of  settlers  to  purchase. 

5261.  Roads  may  bring  suit.  j  Act  Dec.  12,1803.  Time  for  purchasing. 
-    Sundry  provisions. 

Titi<  64.  SEC.  5258.  Every  railroad  company  in  the  United  States, 
interstate  whose  road  is  operated  by  steam,  its  successors  and  assigns, 
C°jlineci5ati8«o  is  nerebv  authorized  to  carry  upon  and  over  its  roads, 
89.i,2,v.i4,p.G6.'boats,  bridges,  and  ferries,  all  passengers,  troops,  govern- 
ment supplies,  mails,  freight  and  property  on  their  way 
from  any  State  to  another  State,  and  to  receive  compensa- 
tion therefor,  and  to  connect  with  roads  of  other  States  so 
as  to  form  continuous  lines  for  the  transportation  of  the 
same  to  the  place  of  destination.  But  this  section  shall 
not  affect  any  stipulation  between  the  Government  of  the 
United  States  and  any  railroad  company  for  transportation 
or  fares  without  compensation,  nor  impair  or  change  the 
conditions  imposed  by  the  terms  of  any  act  granting  lands 
to  any  such  company  to  aid  in  the  construction  of  its  road, 
nor  shall  it  be  construed  to  authorize  any  railroad  company 
to  build  any  new  road  or  connection  with  any  other  road 
without  authority  from  the  State  in  which  such  railroad  or 
connection  may  be  proposed.  And  Congress  may  at  any 
time  alter,  amend,  or  repeal  this  section. 

tii?rSSmp  tof  SEC'  62GG-  The  Secretary  of  the  Treasury  is  directed  to 
without"  pay-  withhold  all  payments  to  any  railroad  company  and  its 
certaiu  assigns,  on  account  of  freights  or  transportation  over  their 


Mar.  3,  1873,  H.  respective  roads  of  any  kind,  to  the  amount  of  payments 

June  22,  m45°vi  made  by  the  United  States  for  interest  upon  bonds  of  the 

is,  p.  200.  United   States  issued  to  any  such  company,  and  which 

shall  not  have  been  re-imbursed,  together  with  the  five  per 

centum  of  net  earnings  due  and  unapplied,  as  provided  by 

law. 


claims. 


u"     ^EO<  ^261.  Any  such  company  may  bring  suit  in  /he 
Court  of  Claims  to  recover  the  price  of  such  freight  and 
2,vl!i7,p.5(?873'  s  transportation,  and  in  such  suit  the  right  of  such  company 
'see  note  i.'      to  recover  the  same  upon  the  law  and  the  facts  of  the       ' 


Note  J.—  Au  act  approved  July  12,  1876,  chap.  179,  v.  19,  p.  78,  regalat.es  compensa- 
tion for  carrying  mails  over  land-grant  roads. 

An  act  approved  March  3,  1879,  chap.  18:5,  v.  20,  p.  410,  provides  for  the  adjustment 
<>f  accounts,  for  transportation  of  the  Army,  etc.,  l>v  certain  railroads,  subject,  to  tho 
provisions  of  this  section. 

An  act  approved  June  19,  1878,  chap.  316,  v.  20,  p.  109,  establish.  -d  the  otlice  of  Audi- 
tor of  Railroads  and  contains  sundry  provisions  relative  to  his  duties,  etc. 

The  second  section  of  the  act  of  May  7,  1878,  eliap.  9«,  v.  lit),  p.  f.fi,  provides  that  the 


KAILROADS   AND    TELEGRAPHS.  429 

shall  be  determined,  and  also  the  rights  of  the  United  States 
upon  the  merits  of  all  the  points  presented  by  it  in  answer 
thereto  by  them;  and  either  party  to  such  suit  may  appeal 
to  the  Supreme  Court;  and  both  said  courts  shall  give 
such  cause  or  causes  precedence  of  all  other  business. 

[Par.  I.}  That  hereafter  only  actual  travelling  expenses  Mar.  3, 1875. 
shall  be  allowed  to  any  person  holding  employment  or  is  stat.  L.,452. 
appointment  under  the  United  States,  except  marshals,  dis-  SuA?tuaiS'traVei.' 
trict  attorneys,  and  clerks  of  the  courts  of  the  United jjj  expenses 
States  and  their  deputies;  and  all  allowances  for  mileages  an 5  employees! 
and  transportation  in  excess  of  the  amount  actually  paid,  except  marshals, 

.-*•-  .      -  11111    »n  i  ~i  (iistriGu    a*  i;  tor  • 

except  as  above  excepted,  are  hereby  declared  illegal;  ana  my*  and  clerks 
no  credit  shall  be  allowed  to  any  of  the  disbursing-officers0^0^8^  74 
of  the  United  States  for  payment  or  allowances  in  violation  1273,  1289,  1290', 
of  this  provision.  *  *  15|ee3note  2. 

[Par.  2.]  That  no  money  shall  hereafter  be  paid  to  anyrajra0jdds-|;tai^ 
railroad  company  for  the  transportation  of  any  property  or  be  paid  for  trans- 
troops  of  the  United  States  over  any  railroad  which  ingty 
whole  or  in  part  was  constructed  by  the  aid  of  a  grant  of 
public  land  on  the  condition  that  such  railroad  should  be  AGop.  pn- 
a  public  highway  for  the  use  of  the  Government  of  thechA^  p 
United  States  free  from  toll  or  other  charge,  or  upon  any 
other  conditions  for  the  use  of  such  road,  for  such  trans- 
portation; nor  shall  any  allowance  be  made  for  the  trans- 
portation of  officers  of  the  Army  over  any  such  road  when 
on  duty  and  under  orders  as  military  officers  of  the  United 
States. 

But  nothing  herein  contained  shall  be  construed  as  pre- 
venting  any  such  railroad  from  bringing  a  suit  in  the  Court  ofciaims  with 
of  Claims  for  the  charges  for  such  transportation,  and  re-  rilhts°f  sees6  707, 
covering  for  the  same  if  found  entitled  thereto  by  virtue  of  708,1059. 
the  laws  in  force  prior  to  the  passage  of  this  act;  provided  42^  i6bpin8.,605' 
that  the  claim  for  such  charges  shall  not  have  been  barred 
by  the  statute  of  limitations  at  the  time  of  bringing  the 
suit,  and  either  party  shall  have  the  right  of  appeal  to  the 
Supreme  Court  of  the  United  States; 

And  provided  further,  That  the  foregoing  provision  shall 
not  apply  for  the  current  fiscal  year,  nor  thereafter,  to  roads 
where  the  sole  condition  of  transportation  is  that  the  com- 

whole  amount  of  compensation  duo  to  certain  railroads  therein  mentioned,  for  serv- 
ices rendered  to  the  Government,  shall  be  retained  by  the  United  States,  one-half 
thereof  to  be  applied  to  the  liquidation  of  the  interest  paid  and  to  be  paid  by  the 
United  States  upon  the  bonds  so  issued  by  it  to  each  of  the  corporations,  and  the 
other  half  to  be  turned  into  the  sinking  fund  provided  for  in  said  act. 

An  act  approved  Juno  22, 1874,  chap.  414,  vol.  8,  p.  200,  directed  tiie  Secretary  of  the 
Treasury  to  require  payment  of  the  railroad  companies  of  all  sums  of  money  due, 
or  to  become  due,  tho  ifnited  States  for  the  five  per  centum  of  the  net  earnings  pro- 
vided for  by  the  act  of  July  1, 1862,  chap.  120,  v.  12,  p.  489,  or  by  any  other  acts,  for  the 
construction  of  a  railroad  and  telegraph  line  from  the  Missouri  River  to  the  Pacific 
Ocean,  and  in  case  of  their  refusal  to  pay,  to  certify  the  fact  to  the  Attorney-General 
for  suit. 

Note2.— This  provision,  without  the  word  "hereafter,"  and  without  the  exception 
appearing  herein,  first  appeared  in  1874,  June  16,  ch.  285  (18  Stat.  L.,  72).  It  is  thus 
superseded  by  this  act,  and  is  consequently  omitted  from  this  volume,  although 
amendments  made  by  1875,  ch.  95,  and  1876,  ch.  159  (cited  below),  refer  to  the  act  of 
1874  in  stead  of  to  this  act.  Changes  of  law  are  made  by  1875.  Feb.  20,  ch.  95,  sec.  7, 
ante,  p.  66,  allowing  mileage  to  judicial  officers,  as  in  this  act;  1876,  June  30,  ch.  159, 
par.  1,  allowing  mileage  to  naval  officers  (amended  by  1882,  Aug.  5,  ch.  391,  par.  5, 
repealing  mileage  for  travel  abroad) ;  and  1876,  July  24,  ch.  226,  sec.  2,  allowing  mile- 
age to  army  officers,  regulated  by  1883,  Mar.  3.  ch.  93,  par.  2 ;  1890,  June  13,  ch.  423, 
par.  7  (see  note  thereto),  and  1890,  Sept.  19,  ch.  907,  sec.  15 ;  and  1878,  June  11,  ch.  181, 
sec.  1,  and  1879,  Feb.  14,  chap.  68,  par.  2,  allowing  mileage  to  Board  of  Visitors  to  Mili- 
tary and  Naval  Academies. 


430   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


pany  shall  not  charge  the  Government  higher  rates  than 
they  do  individuals  for  like  transportation,  and  when  the 
Quartermaster-General  shall  be  satisfied  that  this  condition 
has  been  faithfully  complied  with.  *  * 

2  St599  K>  S''  v'     That  the  provisions  of  the  clause  contained  in  the  Act 
'Transportation  of  Gongress  approved  March  third,  eighteen  hundred  and 
MaSne  corpsaon  seventy-nine,  authorizing  the  Secretary  of  the  Treasury  to 
aided  railroads,  make  such  entries  upon  the  books  of  the  Department  as 
pjJTVwiU  carry  to  the  credit  of  certain  railroad  companies 
R   s-'  named  in  said  Act  amounts  earned  or  to  be  earned  by 
Iseenotei.       them  during  each  fiscal  year  on  account  of  transportation 
of  the  Army  and  transportation  of  the  mails  be,  and  the 
same  are  hereby,  extended  and  made  applicable  to  the 
transportation  of  the  Navy  and  the  Marine  Corps.    *     * 


TELEGRAPHS. 


Sec. 

5266.  Government   to   have  priority  in 

transmission  of  messages. 

5267.  Government  entitled  to  purchase 

lines. 

5268.  Acceptance    of    obligation    to   be 

filed. 


Sec. 

5269.  Penalty  for  refusal  to  transmit  dis- 
patches. 

Act  June  23,  1874.  Destroying  telegraph 
lines. 

Act  Feb.  4,  1874.  Departmental  tele- 
graph. 


p.  366, 
See  note  2. 


chase  lines. 


Title  65.          SEC.  5266.  Telegrams  between  the  several  Departments 

Government  to  of  the  Government  and  their  officers  and  agents,  in  their 

have  priority  in  transmission  over  the  lines  of  any  telegraph  company  to 

transmission    of      ,  .    ,     ,          ,  .  ,,  .    ,  ,       /r  *•     i_  A.    *L- 

messages.  which  has  been  given  the  right  of  way,  timber,  or  station 
2  Jvl\lijp86z2\'  lands  from  the  public  domain  shall  have  priority  over  all 
Junes,  1872,  s.17,'  other  business,  at  such  rates  as  the  Postmaster- General  shall 
annually  fix.  And  no  part  of  any  appropriation  for  the  sev- 
eral Departments  of  the  Government  shall  be  paid  to  any 
company  which  neglects  or  refuses  to  transmit  such  tele- 
grams in  accordance  with  the  provisions  of  this  section. 

SEC.  5267.  The  United  States  may,  for  postal,  military, 
or  other  purposes,  purchase  all  the  telegraph  lines,  propertyT 
3,  v!li4,  pi 221. ' 8'  and  effects  of  any  or  all  companies  acting  under  the  provi- 
sions of  the  act  of  July  twenty-fourth,  eighteen  hundred  and 
sixty-six,  entitled  "An  act  to  aid  in  the  construction  of  tele- 
graph lines,  and  to  secure  to  the  Government  the  use  of  the 
same  for  postal,  military,  and  other  purposes,''  or  under  this 
Title,  at  an  appraised  value,  to  be  ascertained  by  five  com- 
petent, disinterested  persons,  two  of  whom  shall  be  selected 
by  the  Postmaster- General  of  the  United  States,  two  by 
the  company  interested,  and  one  by  the  four  so  previously 
selected. 

be  SEC.  5268.  Before  any  telegraph  company  shall  exercise 
any  of  the  powers  or  privileges  conferred  by  law  such  com- 
pany shall  file  their  written  acceptance  with  the  Post- 

Note  1.— See  various  provisions  relating  to  naval  accounts :  R.  S.,  §§  283, 3673, 3676, 
and  3678;  1878,  June  19,  ch.  312  (1  Supp.  R.  S.,  194) ;  1889,  March  2,  ch.  371  (1  Supp. 
R.  S.,  678) ;  1891,  March  2,  ch.  494  par.  1  (1  Supp.  R.  S.,  900) ;  1893,  March  3,  ch.  212, 
par.  5,  ante,  p.  130;  1896,  June  10,  ch.  399  (29  Stat.  L.,  370). 

Note  2.— The  Postmaater-General  in  his  circular  fixing  rates  for  the  fiscal  year  end 
ing  June  30, 1883,  says :  "All  officers  of  the  United  States  Government  should  indorse 
upon  official  messages  transmitted  by  them  the  words  'official  business,'  and  should 
report  tothe  Postmaster-General  any  charges  in  excess  of  the  rates."  (See  Op.,  XIV, 
63, 123, 173,  313;  XVI,  353;  XV,  354,  579,  regarding  the  transmission  of  messages  over 


filed. 
Ibid.,  s.  4. 


RAILROADS    AND    TELEGRAPHS.  431 

master-General  of  the  restrictions  and  obligations  required 
by  law. 

SEC.  51*69.  Whenever  any  telegraph  company,  after  hav- 
ing  filed  its  written  acceptance  with  the  Postmaster-General  dispatches. 
of  the  restrictions  and  obligations  required  by  the  act  s  'VTn 
approved  July  twenty-fourth,  eighteen  hundred  and  sixty-  i;eb.  20,  ISTT,  ch! 
six,  entitled  "An  act  to  aid  in  the  construct!  on  of  telegraph  FebV27,9m72ch! 
lines,  and  to  secure  to  the  Government  the  use  of  the  same69.v-i9ii>.252. 
for  postal,  military,  and  other  purposes,"  or  by  this  Title, 
shall,  by  its  agents  or  employes,  refuse  or  neglect  to  trans 
mit  any  such  telegraphic  communications  as  are  provided 
for  by  the  aforesaid  act,  or  by  this  Title,  or  by  the  provi- 
sions of  section  two  hundred  and  twenty-one,  Title  UTHE 
DEPARTMENT  OF  WAR,"  authorizing  the  Secretary  of  War 
to  provide  for  taking  meterological  observations  at  the  mili- 
tary stations  and  other  points  of  the  interior  of  the  conti- 
nent, and  for  giving  notice  on  the  northern  lakes  and  sea- 
board of  the  approach  and  force  of  storms,  such  telegraph 
company  shall  be  liable  to  a  penalty  of  not  less  than  one 
hundred  dollars  and  not  more  than  one  thousand  dollars 
for  each  such  refusal  or  neglect,  to  be  recovered  by  an  action 
or  actions  at  law  in  any  district  court  of  the  United  States.  June  23,  is?*. 

That  any  person  or  persons  who  shall  wilfully  or  ma- 


liciously  injure  or  destroy  any  of  the  works  or  property  or  maliciously  do 

material  of  any  telegraphic  line  constructed  and  owned,  or 

01  in  process  of  construction,  by  the  United  States,  or  thatua 

maybe  hereafter  constructed  and  owned  or  occupied  audgljun03'i874, 

controlled  by  the  United  States,  or  who  shall  wilfully  ojp. 

maliciously  interfere  in  any  way  with  the  working  or  use 

of  any  such  telegraphic  line,  or  who  shall  wilfully  or  ma- 

liciously obstruct,  hinder,  or  delay  the  transmission  of  any 

communication  over  any  such  telegraphic  line,  shall  be 

deemed  guilty  of  a  misdemeanor,  and,  on  conviction  thereof 

iii  any  district  court  of  the  United  States  having  jurisdic- 

tion of  the  same,  shall  be  punished  by  a  fine  of  not  less  than 

one  hundred  nor  more  than  one  thousand  dollars,  or  with 

imprisonment  for  a  term  not  exceeding  three  years,  or  with 

both,  in  the  discretion  of  the  court. 

That  the  lines  of  telegraph,  connecting  the  Capitol  with    Feb.  *,  isn. 
the  various  Departments  in  Washington,  constructed  under    capitoi  and  de- 
and  by  virtue  of  the  act  of  Congress  approved  March  ^Jjp™ental  tele" 
third,  eighteen  hundred  and  seventy-three,  entitled  "An    Feb.'  4,  is?*,  v. 
act  making  appropriations  for  sundry  civil  expenses  of  the18'  p'14' 
Government  for  the  fiscal  year  ending  June  thirtieth, 
eighteen  hundred   and  seventy-four,  and  for  other  pur- 
poses,"  be,  and  the  same  are  hereby,  placed  under  the 
supervision  of  the  officer  in  charge  of  the  public  buildings 

Note  2.—  Section  223  of  the  Revised  Statutes  authorizes  the  Secretary  of  War  to 
establish  signal  stations  at  light-houses  and  at  such  of  the  life-saving  stations  as 
may  be  suitably  located  for  the  purpose,  and  to  connect  the  same  with  such  points 
as  may  be  necessary  for  the  proper  discharge  of  the  signal  service  by  means  of  a 
suitable  telegraph  line  in  cases  where  no  lines  are  in  operation,  to  be  constructed, 
maintained,  and  worked  under  the  direction  of  the  chief  signal  officer  of  the  Army 
or  the  Secretary  of  War  and  the  Secretary  of  the  Treasury.  Subsequent  acts  pro- 
vide for  the  construction,  under  the  Secretary  of  War,  of  military  telegraph  lines, 
and  that  private  dispatches  of  lawful  nature  may  be  transmitted  over  them,  when- 
ever the  same  are  not  needed  for  public  use,  at  reasonable  rates,  not  to  exceed  the 
usual  rates  charged  by  private  telegraph  companies—  the  proceeds  thereof  to  be 
accounted  for  aud  paid  into  the  Treasury  of  the  "United  States.  (See  v,  18,  p.  51. 
and  v,  20,  p.  200.) 


432       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

and  grounds;  and  that  the  said  officer  be  authorized  and 
empowered  to  make  rules  and  regulations  for  the  working 
of  said  lines.  And  the  Secretary  or  Head  of each  Executive 
Department,  and  the  Congressional  Printer,  are  hereby 
authorized  to  detail  one  person  from  their  present  force 
of  employees  to  operate  the  instruments  in  said  Depart- 
ments and  printing  office,  and  each  House  of  Congress 
may  provide  for  the  employment  of  an  operator  in  their 
respective  wings  of  the  Capitol,  at  a  compensation  not 
exceeding  one  hundred  dollars  per  mouth,  during  the  ses- 
sions of  Congress. 

M»r.  7, 1874.       Provided,  That  said  lines  of  telegraph  shall  be  for  the 

Mar.  7, 1874,  v.  use  only  of  Senators,  Members  of  Congress,  Judges  of 

18seeuoto3       *^e  United  States  courts,  and  officers  of  Congress  and  of 

the  Executive  Departments,  and  solely  on  public  business. 

RESERVED  TIMBER  LANDS. 


Sec. 

2458.  Live-oak  and  red-cedar  lands. 

2459.  Selection  of  live-oak  and  red-cedar 

tracts. 

246U.  Protection    of    live-oak    and    red- 
cedar  timber. 

2461.  Cutting  or  destruction  of  live  oak 

or  red  cedar,  penalty . 

2462.  Vessels  employed  in  carrying  away 


Sec. 

Act  Aug.  4, 1892.  Sale  of  timber  in  public 
land  States. 

2463.  Clearance  of  vessels  laden  with 
live  oak,  prosecution  of  depreda- 
tors. 

4205.  Duties  of  collectors  of  customs. 

5388.  Depredations  on  timber  lands. 

Act   Mar.  3,  1875.    Protection  of  shade 


live  oak   and  red  cedar,  forfeit-  !  trees,  fences,  etc. 

ure  of. 

Title  32,  chap.     SEC.  2458.  The  Secretary  of  the  Navy  is  authorized,  un- 

—  der  the  direction  of  the  President,  to  cause  such  vacant  and 

red-cedarkiandsdunaPPr°Pria^e(i  lan(ls  of  the  United  States  as  produce  the 

Mar.  i,  1817,  a.  live-oak  and  red-cedar  timbers  to  be  explored,  and  selection 

May' is!  W/v!  to  be  made  of  such  tracts  or  portions  thereof,  where  the 

is??  S°73  v*a4r'3'  principal  growth  is  of  either  of  such  timbers,  as  in  his  judg- 

242.' 8  p'  nient  may  be  necessary  to  furnish  for  the  Navy  a  sufficient 

supply  of  the  same. 

iivSeeoaekCandnredf  SEC-  2^59.  T.he  President  is  authorized  to  appoint  sur- 
cedar  tracts.  veyors  of  public  lauds,  who  shall  perform  the  duties  pre- 
1,^*3,' pi  s^17' 8' scribed  in  the  preceding  section,  and  report  to  him  the 
tracts  by  them  selected,  with  the  boundaries  ascertained 
and  accurately  designated  by  actual  survey  of  water- 
courses; and  the  tracts  of  land  thus  selected  with  the 
approbation  of  the  President  shall  be  reserved,  unless 
otherwise  directed  by  law,  from  any  future  sale  of  the 
public  lands,  and  be  appropriated  to  the  sole  purpose  of 
supplying  timber  for  the  Navy  of  the  United  States;  but 
nothing  in  this  section  contained  shall  be  construed  to 
prejudice  the  prior  rights  of  any  person  claiming  lauds, 
which  may  be  reserved  in  the  manner  herein  provided. 

SEC.  24GO.  The  President  is  authorized  to  employ  so 
much  of  tlie  land  and  naval  forces  of  the  United  States  as 
3,  P?65i. '  v  i«ay  be  necessary  effectually  to  prevent  the  felling,  cutting 
down,  or  other  destruction  of  the  timber  of  the  United 
States  in  Florida,  and  to  prevent  the  transportation  or 
carrying  away  any  such  timber  as  may  be  already  felled  or 

Note  5.— An  appropriation  is  made  annually  and  expended  under  direction  of  the 
War  Department,  for  can-  of  tin-  telegraph  connecting  the  Capitol  with  the  Depart- 
ments and  Government  Printing  Office.  (See  v.  22,  chap.  143,  p.  (J15,  Mar.  3, 1883.) 


RESERVED    TIMBER    LANDS.  433 

cut  down  ;  and  to  take  such  other  and  further  measures  as 
may  be  deemed  advisable  for  the  preservation  of  the  tim- 
ber of  the  United  States  in  Florida. 

That  the  Secretary  of  the  Navy  be,  and  he  is  hereby,    Mar.  3,  is?8. 
authorized  to  cause  an  examination  to  be  made  of  the  con-    Examination 
dition  of  all  lands  in  the  State  of  Florida  which  have  been  FiSerland8in 
set  apart  or  reserved  for  naval  purposes,  excepting  the    Mar. 3. 1379,  ch. 
reservation  upon  which  the  navy-yard  at  Pensacola  is 189>  v<  20>  p-  470' 
located,  and  to  ascertain  whether  or  not  such  reserved 
lands  are  or  will  be  of  any  value  to  the  Government  of  the 
United  States  for  naval  purposes. 

SEC.  2.  That  all  of  said  lands  which,  m  the  judgment  of 
the  Secretary  of  the  Navy,  are  no  longer  required  for  naval 
purposes  shall,  as  soon  as  practicable,  be  certified  by  him 
to  the  Secretary  of  the  Interior,  and  be  subject  to  entry 
and  sale  in  the  same  manner  and  under  the  same  conditions 
as  other  public  lands  of  the  United  States :  Provided,  That 
all  persons  who  have  in  good  faith  made  improvements  on 
said  reserved  lands  so  certified  at  the  time  of  the  passage 
of  this  act,  and  who  occupy  the  same,  shall  be  entitled  to 
purchase  the  part  or  parts  so  occupied  and  improved  by 
them,  not  to  exceed  one  hundred  and  sixty  acres  to  any 
one  person  at  one  dollar  and  twenty-five  cents  per  acre 
within  such  reasonable  time  as  may  be  fixed  by  the  Secre- 
tary of  the  Interior. 

SEC.  3.  That  the  sum  of  three  thousand  dollars,  or  as  much 
thereof  as  may  be  necessary,  is  hereby  appropriated,  out 
of  any  money  in  the  Treasury  not  otherwise  appropriated, 
to  enable  the  Secretary  of  the  Navy  to  carry  out  the  pro- 
visions of  this  act. 

SEC.  2461.  If  any  person  shall  cut,  or  cause  or  procure  to  8t^^f  0friiVe 
be  cut,  or  aid,  assist,  or  be  employed  in  cutting,  or  shall  L™or1?ed°cedar? 
wantonly  destroy,  or  cause  or  procure  to  be  wantonly  ^^2,  issi,  s. 
destroyed,  or  aid,  assist,  or  be  employed  in  wantonly  destroy- 1,  v.  4,  p.  472. 
ing  any  live-oak  or  red-cedar  trees,  or  other  timber  stand-  pen?ionefun<L51' 
ing,  growing,  or  being  on  any  lands  of  the  United  States, 
which,  in  pursuance  of  any  law  passed,  or  hereafter  to  be 
passed,  have  been  reserved  or  purchased  for  the  use  of  the 
United  States,  for  supplying  or  furnishing  therefrom  timber 
for  the  Navy  of  the  United  States ;  or  if  any  person  shall 
remove,  or  cause  or  procure  to  be  removed,  or  aid,  or  assist, 
or  be  employed  in  removing  from  any  such  lands  which  have 
been  reserved  or  purchased,  any  live-oak  or  red-cedar  trees, 
or  other  timber,  unless  duly  authorized  so  to  do,  by  order, 
in  writing,  of  a  competent  officer,  and  for  the  use  of  the  Navy 
of  the  United  States;  or  if  any  person  shall  cut,  or  cause  or 
procure  to  be  cut,  or  aid,  or  assist,  or  be  employed  in  cut- 
ting any  live-oak  or  red-cedar  trees,  or  other  timber  on,  or 
shall  remove,  or  cause  or  procure  to  be  removed,  or  aid,  or 
assist,  or  be  employed  in  removing  any  live-oak  or  red-cedar 
trees  or  other  timber,  from  any  other  lands  of  the  United 
States,  acquired,  or  hereafter  to  be  acquired,  with  intent  to 
export,  dispose  of,  use,  or  employ  the  same  in  any  manner 
whatsoever,  other  than  for  the  use  of  the  Navy  of  the  United 
States ;  every  such  person  shall  pay  a  fine  not  less  than 
376 28 


434       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

triple  the  value  of  tlie  trees  or  timber  so  cut,  destroyed,  or 
removed,  and  shall  be  imprisoned  not  exceeding  twelve 
months. 

SEC.  2462.  If  the  master,  owner,  or  consignee  of  any  ves- 
sel  shall  knowingly  take  on  board  any  timber  cut  on  lands 
forfeiture  of  ar'  wni°u  nave  been  reserved  or  purchased  as  in  the  preceding 
°ideml,T2°  '      section  prescribed,  without  proper  authority,  and  for  the  use 
penTion^fu4™;  of  the  Nayy  of  the  United  States  ;  or  shall  take  on  board 
Navy.  '  any  live-oak  or  red-cedar  timber  cut  on  any  other  lands  of 

the  United  States,  with  intent  to  transport  the  same  to  any 
port  or  place  within  the  United  States,  or  to  export  the  same 
to  any  foreign  country,  the  vessel  on  board  of  which  the 
same  shall  be  taken,  transported,  or  seized,  shall,  with  her 
tackle,  apparel,  and  furniture,  be  wholly  forfeited  to  the 
United  States,  and  the  captain  or  master  of  such  vessel 
wherein  the  same  was  exported  to  any  foreign  country 
against  the  provisions  of  this  section  shall  forfeit  and  pay 
to  the  United  States  a  sum  not  exceeding  one  thousand 
dollars. 

Aug.  4,  1892.       SEC.  2.  That  an  act  entitled  «  An  act  for  the  sale  of  tim- 
27  stat.  L.,  348.  ber  lands  in  the  State  of  California,  Oregon,  Nevada,  and 
stSands  in  an  Washington  Territory,"  approved  June  third,  eighteen  hun- 
^  u  b  i  i  c  -  1  a  nd  dred  and  seventy-  eight,  be,  and  the  same  is  hereby,  amended 
btatea  )et)y  striking  out  the  words  "States  of  California,  Oregon, 

16!'  s1'  Nevada,  and  Washington  Territory  "  where  the  same  occur 
'' 


167).  ''  in  the  second  and  third  lines  of  said  act,  and  insert  in  lieu 

2  See  notes  i  and  thereof  the  words  "  public-land  States,"  the  purpose  of  this 

act  being  to  make  said  act  of  June  third,  eighteen  hundred 

and  seventy-  eight,  applicable  to  all  the  public-land  States. 

Forest  reserva-     gECt  3.  That  nothing  in  this  act  shall  be  construed  to 

tion  a  not  affected.  ..          .  /»   ,  ,  j-,-1     -i   //   j 

1891,  Mar.  3,  ch.  repeal  section  twenty-four  of  the  act  entitled  "An  act  to 
BJs'iM.1  Supp>  rePeal  timber-culture  laws,  and  for  other  purposes,"  ap- 

proved March  third,  eighteen  hundred  and  ninety-one. 
n»r.  2,  1896.       That  the  Secretary  of  the  Navy  be,  and  he  is  hereby, 
28  stat.  L.,  814.  authorized  to  cause  to  be  certified  to  the  Secretary  of  the 
isoS'p  426  S'  Interior,  f°r  restoration  to  the  public  domain,  the  whole  or 
Public  lands,    such  portion  or  portions  of  the  several  tracts  of  land  in  the 
A?a  bt^mTand  States  of  Alabama  and  Mississippi  heretofore  set  apart  and 
Mississippi  re  -reserved  for  naval  uses  as  are  no  longer  required  for  the 
meS   t        le~  purposes  for  which  they  were  reserved,  or  for  any  purposes 
s.,  sees.  2458-  connected  with  the  naval  service;  and  upon  such  certifica- 
tion the  tracts  of  land  described  therein  shall  be  duly 
restored  to  and  become  a  part  of  the  public  lands  of  the 
United  States 

aDd  a  Prefereilce  right  of  entry  for  a  period  of  six  months 
from  the  date  of  this  Act  shall  be  given  all  bona  fide  settlers 
^°  are  qualified  to  enter  under  the  homestead  law  and 
i>y  Mar.  3,  1891,  have  made  improvements  and  are  now  residing  upon  any 
supp6R  I'.,  942)!  agricultural  lands  in  said  reservations,  and  for  a  period  of 

Stone-land  Note  1.—  This  act  of  1878,  Jnne  3,  ch.  151  (1  Supp.  R.  S.,  167),  while  its  title  includes 
sales.  only  timber  lands,  provides  also'(s.  1)  that  lands  valuable  chiefly  for  stone  may  be 

sold  on  the  same  terms  as  timber  lands. 

Forest  reserva-  Note  %.—  This  section  provides  that  the  President  may  set  apart  public  lauds 
t  miis.  wholly  or  in  part  covered  with  timber  or  undergrowth,  as  public  reservations. 


RESERVED    TIMBER    LANDS.  435 

six  mouths  from  the  date  of  settleineut  wheii  that  shall    *ee  .    VM? 

PI        i-i        -ij.        x*  AT  •       A     ±  Homesteads,    , 

occur  after  the  date  o±  this  Act:  sees.  2280   and 

2290. 

Provided,  That  persons  who  enter  under  the  homestead    a?se<f  value*  p" 


law  shall  pay  for  such  lands  not  less  than  the  value  hereto- 
fore or  hereafter  determined  by  appraisement,  nor  less  than 
the  price  of  the  land  at  the  time  of  the  entry  ; 

and  such  payment  may,  at  the  option  of  the  purchaser,  —in    install- 
be  made  in  five  equal  installments,  at  times  and  at  rates  m( 
of  interest  to  be  fixed  by  the  Secretary  of  the  Interior  : 

Provided,  That  so  much  of  the  said  lands  as  are  situated  ^^^e^fte^ 
on  Back  Bay,  near  the  city  of  Biloxi,  in  the  State  of  Missis-  M  town*?tee. 
sippi,  shall  be  disposed  of  under  the  town-site  law  and  not  2^4S-'  secs-  238°- 
as  agricultural  lands. 

SEC.  2403.  It  shall  be  the  duty  of  all  collectors  of  tlievec81^Jn1°ed°lf 
customs  within  the  States  of  Alabama,  Mississippi,  Loui-  with8  live  oak" 
siana,  and  Florida,  before  allowing  a  clearance  to  any  vessel  depredators0"  °f 
laden  in  whole  or  in  part  with  live-oak  timber,  to  ascertain    Mar.  2,  issa,  s. 
satisfactorily  that  such  timber  was  cut  from  private  lands,  3's;e'  sec47  4751, 
or,  if  from  public  ones,  by  consent  of  the  Navy  Department. 
And  it  is  also  made  the  duty  of  all  officers  of  the  customs, 
and  of  the  land  officers  within  those  States,  to  cause  prose- 
cutions to  be  seasonably  instituted  against  all  persons 
known  to  be  guilty  of  depredations  on,  or  injuries  to,  the 
live-oak  growing  on  the  public  lauds. 

SEC.  4205.  Collectors  of  the  collection-districts  within  Title  48,  chap.  2. 
the  States  of  Florida,  Alabama,  Mississippi,  and  Louisiana,  clearance  of 
before  allowing  a  clearance  to  any  vessel  laden  in  whole  or  Jv8e8^denwith 
in  part  with  live-oak  timber,  shall  ascertain  satisfactorily  Mar.  3,  isss,  s. 
that  such  timber  was  cut  from  private  lands,  or,  if  from  3'  v>  4'  p<  647' 
public  lauds,  by  consent  of  the  Department  of  the  Navy. 

SEC.  5388.  Every  person  who  unlawfully  cuts,  or  aids  or  Title  70,  chap.3. 
is  employed  in  unlawfully  cutting,  or  wantonly  destroys,  or    Depredations 
procures  to  be  wantonly  destroyed,  any  timber  standing  ^MaT.^TiS^  v. 
upon  lands  of  the  United  States,  which,  in  pursuance  of  n,  p.  ios. 
law,  may  be  reserved  or  purchased  for  military  or  other 
purposes,  shall  pay  a  fine  of  not  more  than  five  hundred 
dollars,  and  be  imprisoned  not  more  than  twelve  months. 

SEC.  1.  That  if  any  person  or  persons  shall  knowingly   Mar.  3,  1876. 
and  unlawfully  cut,  or  shall  knowingly  aid,  assist,  or  be    cutting  or  in- 
employed  in  unlawfully  cutting,  or  shall  wantonly  destroy  jand^o/if.6!.  re" 
or  injure,  or  procure  to  be  wantonly  destroyed  or  injured,  served  or  pur- 
any  timber-  tree  or  any  shade  or  ornamental  tree,  or  anyjjjjf^ 
other  kind  of  tree,  standing,  growing,  or  being  upon  any 
lauds  of  the  United  States,  which,  in  pursuance  of  law,  have 
been  reserved,  or  which  have  been  purchased  by  the  United 
States  for  any  public  use,  every  such  person  or  persons 
so  offending,  on  conviction  thereof  before  any  circuit  or 
district  court  of  the  United  States,  shall,  for  every  such    Punishment. 
offense,  pay  a  fine  not  exceeding  five  hundred  dollars,  or 
shall  be  imprisoned  not  exceeding  twelve  months. 

SEC.  2.  That  if  any  person  or  persons  shall  knowingly  and  J^jjH  J5JJJ 
unlawfully  break  or  destroy  any  fence,  wall,  hedge,  or  gate  lands  of  u.  s.  re- 
inclosing  any  lands  of  the  United  States,  which  have,  in 
pursuance  of  any  law,  been  reserved  or  purchased  by  the  use, 
United  States  for  any  public  use,  every  such  person  so 


436       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 


Punishment,  offending,  on  conviction,  shall,  for  every  such  offense,  pay 
a  fine  not  exceeding  two  hundred  dollars,  or  be  imprisoned 
not  exceeding  six  months. 

eSf^dlrivSg"     SEC.  3.  That  if  any  person  or  persons  shall  knowingly 
cattle,  etc.,  on  to  and  unlawfully  break,  open,  or  destroy  any  gate,  fence, 
"  hedge,  or  wall  inclosing  any  lands  of  the  United  States, 
reserved  or  purchased  as  aforesaid,  and  shall  drive  any 
cattle,  horses,  or  hogs  upon  the  lands  aforesaid  for  the  pur- 
^attier™tctiltoPose  °^  destroying  the  grass  or  trees  on  the  said  grounds, 
enterthro£ghin%r  where  they  may  destroy  the  said  grass  or  trees,  or  if  any 
lands™8  °f  8ucl1  sucn  person  or  persons  shall  knowingly  permit  his  or  their 
Punishment,    cattle,  horses,  or  hogs  to  enter  through  any  of  said  inclo- 
sures  upon  the  lands  of  the  United  States  aforesaid,  where 
the  said  cattle,  horses,  or  hogs  may  or  can  destroy  the  grass 
or  trees  or  other  property  of  the  United  States  on  the  said 
land,  every  such  person  or  persons  so  offending,  on  convic- 
tion, shall  pay  a  fine  not  exceeding  five  hundred  dollars,  or 
be  imprisoned  not  exceeding  twelve  months:  Provided,  That 
is,  p.  48i.          nothing  in  this  act  shall  be  construed  to  apply  to  uusur- 
veyed  public  lauds  and  to  public  lauds  subject  to  pre-emp- 
emption  and  homestead  laws,  or  to  public  lands  subject 
to  an  act  to  promote  the  development  of   the  mining 
resources  of  the  United  States,  approved  May  tenth,  eight- 
een hundred  and  seventy-two. 

All  moneys  heretofore,  and  that  shall  hereafter  be,  col- 
lected for  depredation  upon  the  public  lands  shall  be  cov- 
ered into  the  Treasury  of  the   United  States,  as  other 
f . .    moneys  received  from  the  sale  of  public  lands.    *     *     * 

Seizure  ot  tim-       T  _   •>         .  •     -,  •,-,'-,        •»«••««  .    _» 

ber export^  If  any  timber  cut  on  the  public  lands  shall  be  exported 
from  the  Territories  of  the  United  States,  it  shall  be  liable  to 
seizure  by  United  States  authority  wherever  found.  *  *  * 

REVENUE-CUTTER  SERVICE. 

Sec. 

2756.  Contracts  for  rations  authorized. 

2757.  Revenue  officers  should  co-operate 

with  the  Navy. 
Act  Apr.  6,  1894.  Arbitration  in  regard 

to  fur  seals. 
2760.  Powers    and   duties  of  officers    of 

revenue-cutters. 
Act  July  31, 1876.  Appointment  of  cadets. 

Detail  for  life-saving  service. 
Act  Mar.  2,  1895.  Board  on  retirement  of 

officers. 


Apr.  so,  1878. 


see  note  a. 


Sec. 

1492.  Rank  with  the  Navy. 

2749.  Number  of  officers  and  men. 

Act  July  31, 1894.  Revenue-cutter  service : 
chief  of  division. 

2750.  Grades  of  engineers. 

2751.  Appointment  of  commissioned  offi- 

cers. 

2752.  Qualifications  of  captains  and  lieu- 

tenants. 

2753.  Compensation  of  officer  of  revenue- 

cutter  service. 

2754.  Wages  of  petty  officers  and  crews. 

2755.  Officers   on   duty    entitled    to   one 
Navy  ration  per  pay. 


Title  is.  ch«p.  4.     SEC.  1492.  The  officers  of  the  revenue-cutter  service  when 

Revenue- cut- serving,  in  accordance  with  law,  as  a  part  of  the  Navy, 

ing !?pMtofthe sll.a11  l)e  entitled  to  relative  rank,  as  follows:  Captains, 

Navy.  with  and  next  after  lieutenants  commanding  in  the  Navyj 

Note  S.— Under  section  4751,  the  Secretary  of  the  Navy  has  power  to  mitigate  any 
fine,  penalty,  or  forfeiture  incurred  under  the  provisions  of  the  sections  designated 
therein ;  and  this  power  may  be  exercised  by  him  as  well  where  the  proceedings, 
civil  or  criminal,  have  not  been  instituted  with  his  knowledge  and  by  his  direction 
as  where  they  hav«  been  thus  instituted.  (Op.,  XV,  436,  Devens,  Jan.  23, 1878.) 

Live-oak  timber  cut,  in  violation  of  law,  for  the  purposes  of  transportation,  is  not 
subject  to  forfeiture,  so  as  to  give  informers  a  right  to  a  distributive  portion  of  it, 
such  timber  being  all  the  while,  in  law,  the  property  of  the  United  States.  The  act 
of  March  2,  1831,  makes  no  provision  for  the  forfeiture  of  timber.  (Op.,  IV,  247, 
kelson,  Sept.  2,  1843.) 

The  moneys  referred  to  in  the  act  of  April  30,  1878,  chap.  76,  are  that  part  of  the 
penalty  which  is  payable  to  the  Secretary  of  the  Navy,  under  sec.  4751,  Tension 
Funda,  (Op,,  July  19, 1883.  Phillips.) 


REVENUE-CUTTER    SERVICE.  437 


first  lieutenants,  with  and  next  after  lieutenants  in  the  4  J^ll^24»  186^s: 
Navy  5  second  lieutenants,  with  and  next  after  masters  in  Mar'.  2,  '  1799,  s! 
line  in  the  Navy;  third  lieutenants,  with  and  next  after  en-  Si/ieSsVss' 
signs  in  the  Navy.  i,  11,  v.  12,  'PP! 

583,  585. 

See  title  "Rank 
and  precedence," 
sec.  1492. 

SEC.  2749.  The  officers  for  each  re  venue-  vessel  shall  be  Title  34,  chap,  s. 
one  captain,  and  one  first,  one  second,  and  one  third  lieuten-    Number  of  om- 
ant,  and  for  each  steam-  vessel,  in  addition,  one  engineer  and  cejufy  d2™ei86i 
one  assistant  engineer;  but  the  Secretary  of  the  Treasury  s.  2,  v.  12,  p.  275) 
may  assign  to  any  vessel  a  greater  number  of  officers  when-  ijjfj.  io7.1876'  v' 
ever  in  his  opinion  the  nature  of  the  service  which  she  is 
directed  to  perform  requires  it.    And  vessels  of  both  de- 
scriptions shall  have  such  number  of  petty  officers  and  men 
as  in  the  opinion  of  the  Secretary  are  required  to  make  them 
efficient  for  their  service. 

[Par.  3.]  Division  of  revenue-  cutter  service:  *  *  That  _***r  31>  1894« 
the  Secretary  of  the  Treasury  shall  detail  a  captain  of  the  28  stat.  L.,  162. 
Revenue-Cutter  Service  who  shall  be  chief  of  the  division  SfSS 
of  Bevenue-Cutter  Service,  and  a  chief  engineer,  who  shall  division'. 
be  engineer  in  chief  of  said  Service,  but  no  additional  pay  ~^0ief 
or  emoluments  shall  be  allowed  on  account  of  such  detail,  vjg-  E-  s->  sec- 

SEC.  2750.  The  grades  of  engineers  shall  be  chief  engi-  .^™rdaes  of  en~ 
ueer,  and  first  and  second  assistant  engineer,  with  the  pay  glFebr84,  ises,  a. 
and  relative  rank  of  first,  second,  and  third  lieutenant,  2-  J:tJ|«  P0'f63first 

respectively.  and    second    as- 

sistant engineers 
changed  respec- 
tively to  passed 
assistant  engi- 
neers. Act  of 
Feb.  24,  1874. 

SEC.  2751.  The  commissioned  officers  of  the  revenue- 


cutter  service  shall  be  appointed  by  the  President,  by  and  officers. 
with  the  advice  and  consent  of  the  Senate.  Idem>  8>  1* 

SEC.  2752.  No  person  shall  be  appointed  to  the  office  of  ofQcaapiainf  and 
captain,  first,  second,  or  third  lieutenant,  of  any  revenue-  lieutenants. 
cutter,  who  does  not  adduce  competent  proof  of  proficiency  2,  ^  10',  p!  «?o.5>  8> 
and  skill  in  navigation  and  seamanship. 

SEC.  2753.  The   compensation    of  the    officers    of  the 
re  venue-  cutter  service  shall  be  at  the  following  rates  while  enue-  cutter 

-,     ,  Service. 

On  duty  :  Feb.  28,  1867,  s. 

Captains,  twenty-  five'  hundred  dollars  a  year  each.  i,v.i4,p.4i6. 

First  lieutenants  and  chief  engineers,  eighteen  hundred 
dollars  a  year  each. 

Second  lieutenants  and  first  assistant  engineers,  fifteen    First  assistant 
hundred  dollars  a  year  each.  *%%%£***' 

Third  lieutenants  and  second  assistant  engineers,  twelve 
hundred  dollars  a  year  each. 

And  at  the  following  rates  while  on  leave  of  absence  or 
while  waiting  orders  : 

Captains,  eighteen  hundred  dollars  a  year  each. 

First  lieutenants  and  chief  engineers,  fifteen  hundred 
dollars  a  year  each. 

Second  lieutenants  and  first  assistant  engineers  twelve    First  assistant 
hundred  dollars  a  year  each.  ' 


438   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

second  assist-  Third  lieutenants  and  second  assistant  engineers,  nine 
chVnnggedeears  hundred  dollars  a  year  each. 

above. 

wages  of  petty  SEC.  2754.  The  wages  of  petty  officers  and  seamen  of  the 
crews0  er  ld  revenue-cutter  service  shall  not  exceed  the  average  wages 
3  veisi  4l  wo3'  8'  Pa*d  f°r  like  services  on  the  Atlantic  or  Pacific  coast, 
respectively,  in  the  merchant  service. 

Febi(289i867  R  SEC.  2755.  Eachofficer  of  the  re  venue-cutter  service,  while 
2,  v.V  p.'  416.  '  B*  on  duty,  shall  be  entitled  to  one  Navy  ration  per  day. 

contracts  for  SEC.  275G.  The  Secretary  of  the  Treasury  may  cause  con- 
raMa"82,  1799,  s.  tracts  to  be  made  for  the  supply  of  rations  for  the  officers 


98,  v.i,  p.  699.      an(j  men  of  the  revenue-cutters. 

See  note  1. 

Revenue  offi-  SEC.  2757.  The  revenue-cutters  shall,  whenever  the  Presi- 
^^^y^6  dent  so  directs,  co-operate  with  the  Navy,  during  which  time 

idem.  they  shall  be  under  the  direction  of  the  Secretary  of  the 

55M,esiaeveStr5ade.  ^avy,  and  the  expenses  thereof  shall  be  defrayed  by  the 

Apr.  e,  189*.    Navy  Department. 

Preservation 
of  fur  seals. 

28  Stat.  L.,  52. 

Vol.  2,  Supp. 
B.  S.,1892-95,  Ch. 
57,  p.  178. 

An  act  to  give 
effect  to  the 
award  rendered 
by  the  Tribunal 
of  Arbitration, 
at  Paris,  under 
the  treaty  be- 
tween the  United 
States  and  Great 
Britain. 

President  to  SEC.  11.  That  it  shall  be  the  duty  of  the  President  to 
use  naval  force.  cause  a  sufficient  naval  force  to  cruise  in  the  waters  to 

which  this  Act  is  applicable  to  enforce  its  provisions, 
officers     and  it  shall  be  the  duty  of  the  commanding  officer  of  any 
unlawful  vessel  belonging  to  the  naval  or  revenue  serviceof  the  United 
States,  when  so  instructed  by  the  President,  to  seize  and 
arrest  all  vessels  of  the  United  States  found  by  him  to  be 
engaged,  used,  or  employed  in  the  waters  last  aforesaid  in 
—to  take  them  to  violation  of  any  of  the  prohibitions  of  this  Act,  or  of  any 
^see  sees  4296  regu^tions  made  thereunder,  and  to  take  the  same,  with 
4297.  "piracy  and  all  persons  on  board  thereof,  to  the  most  convenient  port 
robbery."          jn  auv  district  of  the  United  States  mentioned  in  this  Act, 
there  to  be  dealt  with  according  to  law. 


ties0ofeoffice«of  SE?*  276°*  The  officers  of  tne  revenue-cutters  shall  re- 
rev8enne°cuTters°  spectively  be  deemed  officers  of  the  customs,  and  shall  be 
7oodem'  Bl  "'  p'  8UbJect  to  the  direction  of  such  collectors  of  the  revenue, 
or  other  officers  thereof,  as  from  time  to  time  shall  be  desig- 
nated for  that  purpose.  They  shall  go  on  board  all  vessels 
which  arrive  within  the  United  States  or  within  four 
leagues  of  the  coast  thereof,  if  bound  for  the  United 
States,  and  search  and  examine  the  same,  and  every  part 
thereof,  and  shall  demand,  receive,  and  certify  the  mani- 
fests required  to  be  on  board  certain  vessels,  shall  affix  and 
put  proper  fastenings  on  the  hatches  and  other  communi- 

Note  1.—  Officers  of  the  revenne-cutter  service  belong  to  the  civil  service,  as  con- 
tradistinguished from  the  naval  and  military—  arc  nubject  to  removal  by  theTresi- 
dent,  witli  the  concurrence  of  the  Senate  in  confirming  the  nomination  of  a  succes- 
sor. (Op.,  XV,  p.  396,  Nov.  13,  1877,  Devens.) 


REVENUE-CUTTER    SERVICE.  439 

cations  witli  the  hold  of  any  vessel,  and  shall  remain  on 
board  such  vessels  until  they  arrive  at  the  port  or  place  of 
their  destination. 

Hereafter  upon  the  occurring  of  a  vacancy  in  the  grade  July  ai,  i8?6. 
of  third  lieutenant  in  the  Revenue  Marine  Service,  the  Sec-    Appointment 
retary  of  the  Treasury  may  appoint  a  cadet,  not  less  than  Of19agtlt.'  L.,  v. 
eighteen  nor  more  than  twenty-five  years  of  age^  with  rank  19,  p.  102. 
next  below  that  of  third  lieutenant,  whose  pay  shall  be 
three-fourths  that  of  a  third  lieutenant,  and  who  shall  not 
be  appointed  to  a  higher  grade  until  he  shall  have  served 
a  satisfactory  probationary  term  of  two  years,  and  passed 
the  examination  required  by  the  regulations  of  said  serv- 
ice; and  upon  the  promotion  of  such  cadet  another  may  be 
appointed  in  his  stead;  but  the  whole  number  of  third 
lieutenants  and  cadets  shall  at  no  time  exceed  the  number 
of  third  lieutenants  now  authorized  by  law. 

That  on  and  after  the  passage  of  this  Act  the  pay  of  Aug.  18,1894. 
cadets  in  the  Revenue-Cutter  Service  shall  be  five  hundred  28  stat.  L.,  372. 
dollars  per  annum  and  one  ration  per  day,  in  lieu  of  thete?se?vice!°ca- 
rates  at  present  authorized  by  law,  chapter  two  hundred  de1t|yj)a:jul  31 
and  forty-six,  paragraph  four,  Act  July  thirty-first,  eight-  ch.  246,  pa/3  (i 
een  hundred  and  seventy- six;  *  *  *  SlSee'iSt^2'114)' 

[Par.  4.]  That  the  President  of  the  United  States  is  Mar.  21,  isos. 
hereby  authorized  to  convene  a  board,  to  be  composed  of  2s  stat.  L.,  910. 
three  surgeons  of  the  Marine-Hospital  Service,  to  examine  Revenue -cut- 
aud  report  upon  all  officers  now  in  the  Revenue-Cutter  IseeTotes. 
Service  who,  through  no  vicious  habits  of  their  own,  are  m^ar0df ^cers6 
now  incapacitated  by  reason  of  the  infirmities  of  age  orm 
physical  or  mental  disability  to  efficiently  perform  the 
duties  of  their  respective  offices. 

And  such  officers  as,  under  the  terms  of  this  Act,  may    Pay  of  retired 
be  reported  by  said  board  to  be  so  permanently  incapaci-  ° 
tated  shall  be  placed  on  waiting  orders  out  of  the  line  of 
promotion,  with  one-half  active  duty  pay,  and  the  vacan- 
cies thereby  created  in  the  active  list  of  the  officers  shall 
be  filled  by  promotion  in  the  order  of  seniority,  as  now 
provided  by  law : 

Provided,  hoivever,   That  no  such  promotion   shall  be    Examination 
made  until  the  professional  qualifications  of  the  candidatefori)ro 
shall  have  been  determined  by  written  examination  before 
a  board  of  officers  of  the  Revenue-Gutter  Service  convened 
by  the  Secretary  of  the  Treasury  for  that  purpose: 

Provided  further,  That  the  number  of  officers  upon  the  flc^mbnrotof  £f: 
active  list  now  authorized  by  law  shall  not  be  increased  by  creased. 
this  Act.    *     *    * 

Note  2.— The  laws  relating  to  the  Revenue  Cutter  or  Revenue  Marine  Service  are 
reviewed  in  note  to  1888,  Oct.  2,  ch.  1069,  par.  1  (1  Supp.  R.  S.,  626).  The  administra- 
tion of  certain  oaths  in  the  service  is  provided  for  by  1893,  March  3,  ch.  208,  par.  2, 
p.  120;  by  1894,  July  31,  ch.  174,  par.  3,  p.  210,  the  name  is  fixed  as  the  Revenue- Cutter 
Service,  and  by  sec.  7,  par.  1,  of  the  same  act,  p.  213,  the  accounts  are  to  be  settled  by 
the  Auditor  for  the  Treasury  Department. 

Note  3.— See  notes  to!888,  Oct.  2,  ch.  1069,  par.  1  (1  Supp.  R.  S.,  626),  and  1894,  Aug.  18, 
ch.  301,  par.  2,  p.  252,  for  review  of  legislation  relative  to  the  Revenue-Cutter  (formerly 
called  Eevenue-Marine)  Service. 


440       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 


SLAVE  TRADE,  KIDNAPPING,  COOLY  TRADE. 


Sec. 

2158.  Cooly  trade  prohibited. 

2159.  Vessels  employed   in  cooly  trade 

shall  be  forfeited. 

2160.  Building  vessels  to  engage  in  cooly 

trade,  how  punished. 

2161.  Punishment  for  violation  of  section 

2158. 

2162.  This  title  not  to  interfere  with  vol- 

untary emigration. 

2163.  Examination  of  vessels. 

Transporting  from  Oriental  coun- 
tries subjects  without  consent. 

5378.  Equipping  vessels  for  slave  trade. 

5379.  Transporting  persons  to  be  held  as 


5381.  Serving    in    vessels    transporting 

slaves. 
5282.  Same. 

5524.  Receiving  or  carrying  away  any 

person  to  be  sold  or  held  as  a  slave. 

5525.  Kidnapping. 

5551.  Equipping,   etc.,  vessel  for  slave 

trade ;  forfeiture  of  vessel. 

5552.  Penalty  on  persons  building,  equip- 

ping, etc. 

5553.  Forfeiture  of  vessel   transporting 

slaves. 


Sec. 

5554.  Penalty  for  receiving  persons  on 
board  to  be  sold  as  slaves. 

5557.  Seizure  of  vessels  engaged  in  the 

slave  trade. 

5558.  Proceeds    of     condemned    vessels, 

how  distributed. 

5559.  Disposal  of  persons  found  on  board 

seized  vessels. 

5560.  Apprehension  of  officers  and  crew. 

5561 .  Removal  of  persons  delivered  from 

seized  vessels. 

5562.  Bounty. 

5563.  To  what  port  captured  vessels  sent. 

5564.  "When  owners    of  foreign  vessels 

shall  give  bond. 

5565.  Distribution  of  penalties. 

5566.  Contracts  for  reception  in  Africa 

of  persons  delivered  from  seized 


5567.  Instructions     to     commanders    of 

armed  vessels. 

5568.  Contracts    for  reception,    etc.,    in 

"West  Indies  of  persons  delivered 
from  seized  vessels. 

5569.  Instructions    to    commanders    of 


Act  Feb.  26,  1895.  Contract  labor. 


Title  29.          SEC.  2158.  No  citizen  of  the  United  States,  or  foreigner 
trade  coming  into  or  residing  within  the  same,  shall,  for  himself 


Ibid. 


prohibited.        or  for  any  other  person,  either  as  master,  factor,  owner,  or 

jfQo.  ia,  10043.  •          i_    •-!  j  •        i       j  j-i  • 

1,  v.  12,  p.  340;  other  wise,  build,  equip,  load,  or  otherwise  prepare,  any 
pe^699'1869>Vl15'  vessel,    registered,   enrolled,  or  licensed,  in  the  United 

See  citizenship,  States,  for  the  purpose  of  procuring  from  any  port  or  place 
lotion?"  a  the  subjects  of  China,  Japan,  or  of  any  other  oriental  coun- 
try, known  as  u  coolies,"  to  be  transported  to  any  foreign 
port,  or  place,  to  be  disposed  of,  or  sold,  or  transferred,  for 
any  time,  as  servants  or  apprentices,  or  to  be  held  to  serv- 
ice or  labor. 

vessels  em-  SEC.  2159.  If  any  vessel,  belonging  in  whole  or  in  part  to 
trade%hnaii°0be  a  citizen  of  the  United  States,  and  registered,  enrolled,  or 
forfeited.  otherwise  licensed  therein,  be  employed  in  the  "cooly- 
trade,"  so  called,  contrary  to  the  provisions  of  the  preced- 
ing section,  such  vessel,  her  tackle,  apparel,  furniture,  and 
other  appurtenances,  shall  be  forfeited  to  the  United  States, 
and  shall  be  liable  to  be  seized,  prosecuted,  and  condemned 
in  any  of  the  circuit  courts  or  district  courts  of  the  United 
States  for  the  district  where  the  vessel  may  be  found,  seized, 
or  carried. 

Building  ves-  SEC.  2160.  Every  person  who  so  builds,  fits  out,  equips, 
cooiy^traX^how  loads,  or  otherwise  prepares,  or  who  sends  to  sea,  or  navi- 
pUFebhi9  'i862  #ates,  as  owner,  master,  factor,  agent,  or  otherwise,  any  ves- 

2,  v,ei2,  p.'34o.  '  8'  sel,  belonging  in  whole  or  in  part  to  a  citizen  of  the  United 

States,  or  registered,  enrolled,  or  licensed  within  the  same, 
knowing  or  intending  that  such  vessel  is  to  be  or  may  V>e 
employed  in  that  trade,  contrary  to  the  provisions  of  sec- 
tion twenty-one  hundred  and  fifty-eight,  shall  be  liable  to  a 
fine  not  exceeding  two  thousand  dollars,  and  be  imprisoned 
not  exceeding  one  year. 

^EC>  2161'  Everv  citizen  of  the  United  States  who,  con- 
trary  to  the  provisions  of  section  twenty-one  hundred  and 
fifty-eight,  takes  on  board  of  any  vessel,  or  receives  or  trans- 
ports any  such  subjects  as  are  described  in  that  section,  for 


?  vioiatio™eof 
n  ° 


ibid.,  s.  3. 


SLAVE   TRADE,  KIDNAPING,  COOLY    TRADE.  441 

the  purpose  of  disposing  of  them  in  any  way  as  therein  pro- 
hibited, shall  be  liable  to  a  fine  not  exceeding  two  thousand 
dollars  and  be  imprisoned  not  exceeding  one  year. 

SEC.  2162.  Nothing  herein  contained  shall  be  deemed  to    This  title  not 
apply  to  any  voluntary  emigration  of  the  subjects  specified  ^unSr^em?- 
in  section  twenty-one  hundred  and  fifty-eight,  or  to  any  gratis, 
vessel  carrying  such  person  as  passenger  on  board  the  same,  seeMar!  3,'i875. 
but  a  certificate  shall  be  prepared  and  signed  by  the  consul 
or  consular  agent  of  the  United  States  residing  at  the  port 
from  which  such  vessel  may  take  her  departure,  containing 
the  name  of  such  person,  and  setting  forth  the  fact  of  his 
voluntary  emigration  froni  such  port,  which  certificate  shall 
be  given  to  the  master  of  such  vessel;  and  the  same  shall 
not  be  given  until  such  consul  or  consular  agent  is  first  per- 
sonally satisfied  by  evidence  of  the  truth  of  the  facts  therein 
contained. 

SEC.  2163.  The  President  is  empowered,  in  such  way  and    Examination 
at  such  time  as  he  may  judge  proper,  to  direct  the  vessels  °N?chargeupon 
of  the  United  States,  and  the  masters  and  commandersParticu.lar  Per- 
thereof,  to  examine  all  vessels  navigated  or  owned  in  whole  L°g?etc.mimsra 
or  in  part  by  citizens  of  the  United  States,  and  registered,  3Jbid-'  s-  6-  P- 
enrolled,  or  licensed  under  the  laws  thereof,  whenever,  in 
the  judgment  of  suchmaster  or  commanding  officer,  reason- 
able cause  exists  to  believe  that  such  vessel  has  on  board 
any  subjects  of  China,  Japan,  or  other  Oriental  country, 
known  as  "  coolies ";  and,  upon  sufficient  proof  that  such 
vessel  is  employed  in  violation  of  the  preceding  provisions, 
to  cause  her  to  be  carried,  with  her  officers  and  crew,  into 
any  port  or  district  within  the  United  States,  and  delivered 
to  the  marshal  of  such  district,  to  be  held  and  disposed  of 
according  to  law. 

That  if  any  citizen  of  the  United  States,  or  other  person    Mar.  3, 1875. 
amenable  to  the  laws  of  the  United  States,  shall  take,  or    citizen  united 
cause  to  be  taken  or  transported,  to  or  from  the  United  states  transport- 
States  any  subject  of  China,  Japan,  or  any  Oriental  coun-  c&ni fwjapan 
try,  without  their  free  and  voluntary  consent,  for  the  pur-^*loutfreecon- 
pose  of  holding  them  to  a  term  of  service,  such  citizen  or  sepenaity. 
other  person  shall  be  liable  to  be  indicted  therefor,  and,  on  J£S53u?** 
conviction  of  such  offense,  shall  be  punished  by  a  fine  not   Mar.  3,  isre,  s. 
exceeding  two  thousand  dollars  and  be  imprisoned  not2)V'18'p'477' 
exceeding  one  year  j  and  all  contracts  and  agreements  for 
a  term  of  service  of  such  persons  in  the  United  States, 
whether  made  in  advance  or  in  pursuance  of  such  illegal 
importation,  and  whether  such  importation  shall  have  been 
in  American  or  other  vessels,  are  hereby  declared  void. 

SEC.  5378.  Every  person  who  builds,  fits  out,  equips,  Title  ?o,  chap.  3. 
loads,  or  otherwise  prepares,  or  sends  away,  either  as  mas-    Kidnaping  and 
ter,  factor,  or  owner,  any  vessel,  in  any  port  or  place  within  8l^eutirad£  ves 
the  jurisdiction  of  the  United  States,  or  causes  such  vessel  »S!fnSm 
to  sail  from  any  port  or  place  whatsoever,  within  such  juris-  trApr.2o  ms  * 
diction,  for  the  purpose  of  procuring  any  negro,  mulatto,  or  a,  v.  3,  p.  451. 
person  of  color  from  any  foreign  kingdom  or  country,  to  be    See  sec>  5551' 
transported  to  any  port  or  place  whatsoever,  to  be  held, 
sold,  or  otherwise  disposed  of  as  a  slave,  or  held  to  service 
or  labor,  shall  be  punished  by  a  fine  of  not  less  than  one 


442       LAWS   RELATING   TO   THE   NAVY,   MARINE    CORPS,  ETC. 

thousand  dollars,  nor  more  than  five  thousand  dollars,  one- 
half  to  the  use  of  the  United  States  and  the  other  half  to 
the  use  of  the  person  prosecuting  the  indictment  to  effect, 
and  shall,  moreover,  be  imprisoned  at  hard  labor  for  a  term 
not  more  than  seven  years,  nor  less  than  three  years. 

gEC>  5379.  Every  citizen  or  other  person  resident  within 
the  jurisdiction  of  the  United  States,  who  takes  on  board, 

ibid.,  a. 4.  receives,  or  transports  from  any  foreign  kingdom  or  country, 
or  from  sea,  any  negro,  mulatto,  or  person  of  color,  in  any 
vessel,  for  the  purpose  of  holding,  selling,  or  otherwise  dis- 
posing of  such  person  as  a  slave,  or  to  be  held  to  service  or 
labor,  shall  be  punished  as  prescribed  in  the  preceding 
section. 

serving    in     gEC<  5331,  Every  citizen  of  the  United  States,  or  other 

American  ves-  .  _.          «••  •  -,  i        ,       -i  '  •,  -,      /• 

seis  transporting  per  son  residing  therein,  who  voluntarily  serves  on  board  ot 

8lMay  10  1800  s.  any  American  vessel  employed  or  made  use  of  in  the  trans- 

2,  v.  2,  p.  70.        portation  of  slaves  from  any  foreign  country  or  place  to 

another,  shall  be  punished  by  a  fine  of  not  more  than  two 

thousand  dollars,  and  by  imprisonment  not  more  than  two 

years. 

n  for-     &EC.  5382.  Every  citizen  of  the  United  States  who  volun- 
hi8  the  tarily  serves  on  board  of  any  foreign  vessel  employed  in 
8libidtrsde'p  71  the  slave-trade,  shall  be  punished  as  prescribed  in  the  pre- 

'  ceding  section. 

Title  70, ch«p.  ?.     SEC.  5524.  Every  master  or  owner  or  person  having 

Receiving  on  charge  of  any  vessel  who  receives  on  board  any  other  per- 

cSrying^l^ay  son»  with  the  knowledge  or  intent  that  such  person  is  to  be 

any  person  to Ve  carried  from  any  State,  Territory,  or  district  of  the  United 

8?ave°r  l         a  States  to  a  foreign  country,  state,  or  place,  to  be  held  or 

s  2lvyi421'  5o866' 80^  as  a  S^ave?  or  carries  away  from  any  State,  Territory, 

8'see'secP5379.    or  district  of  the  United  States  any  such  person,  with  the 

intent  that  he  may  be  so  held  or  sold  as  a  slave,  shall  be 

punished  by  a  fine  of  not  more  than  five  thousand  nor  less 

than  five  hundred  dollars,  or  by  imprisonment  not  more 

than  five  years,  or  by  both. 

Kidnapping.       SEC.  5525.  Every  person  who  kidnaps  or  carries  away 
seed'sec!'  5375,  any  other  person,  with  the  intent  that  such  other  person 
piracy.  be  sold  into  involuntary  servitude,  or  held  as  a  slave;  or 

who  entices,  persuades,  or  induces  any  other  person  to  go 
on  board  any  vessel  or  to  any  other  place  with  the  intent 
that  he  may  be  made  or  held  as  a  slave,  or  sent  out  of  the 
country  to  be  so  made  or  held;  or  who  in  any  way  know- 
ingly aids  in  causing  any  other  person  to  be  held,  sold,  or 
carried  away  to  be  held  or  sold  as  a  slave,  shall  be  punished 
by  a  fine  of -not  less  than  five  hundred  nor  more  than  five 
thousand  dollars,  or  by  imprisonment  not  more  than  live 
years  or  by  both. 

jane  28, 1874.      That  whoever  shall  knowingly  and  wilfully  bring  into 

Bringing  iuto  |ne  United  States,  or  the  Territories  thereof,  any  person 

SdnaVJd     or8- inveigled  or  forcibly  kidnapped  in  any  other  country,  with 

sons.  r  intent  to  hold  such  person  so  inveigled  or  kidnapped  in 

iFed^Reph'6763;coriniiemei1^  or  ^°  anv.  involuntary  service,  and  whoever 

shall  knowingly  and  wilfully  sell,  or  cause  to  be  sold,  into 

any  condition  of  involuntary  servitude,  any  other  person 

for  any  term  whatever,  and  every  person  who  shall  know- 


SLAVE   TRADE,  KIDNAPING,  COOLY   TRADE.  443 

ingly  and  wilfully  hold  to  involuntary  service  any  person 
so  sold  and  bought,  shall  be  deemed  guilty  of  a  felony, 
and,  on  conviction  thereof,  be  imprisoned  for  a  term  not 
exceeding  five  years,  and  pay  a  fine  not  exceeding  five 
thousand  dollars. 

SEC.  2.  That  every  person  who  shall  be  accessory  to  any    J^J1^-  1874 
of  the  felonies  herein  declared,  either  before  or  after  the  ch.4ovv-.i8,p.25i! 
fact,  shall  be  deemed  guilty  of  a  felony,  and,  011  conviction 
thereof  be  imprisoned  for  a  term  not  exceeding  five  years 
and  pay  a  fine  not  exceeding  one. thousand  dollars. 

SEC.  5551.  No  person  shall,  for  himself,  or  for  another,  as      Title  71- 
master,  factor,  or  owner,  build,  fit,  equip,  load,  or  otherwise  EquiPping,etc., 
prepare  any  vessel,  in  any  port  or  place  within  the  jurisdic-  JJ£||!  forfeiture 
tion  of  the  United  States,  or  cause  any  vessel  to  sail  from  of  vessel. 
any  port  or  place  within  the  jurisdiction  of  the  same,  for  2,  ^'^^ifj 
the  purpose  of  procuring  any  negro,  mulatto,  or  person  of^1-2!^794'8-1.' 
color,  from  any  foreign  kingdom,  place,  or  country,  to  bev'se?'  sec.  5375, 
transported  to  any  port  or  place  whatsoever,  to  be  held,  Pira<5y- 
sold,  or  otherwise  disposed  of,  as  a  slave,  or  to  be  held  to 
service  or  labor;  and  every  vessel  so  built,  fitted  out, 
equipped,  laden,  or  otherwise  prepared,  with  her  tackle, 
apparel,  furniture,  and  lading,  shall  be  forfeited,  one  moiety 
to  the  use  of  the  United  States,  and  the  other  to  the  use 
of  the  person  who  sues  for  the  forfeiture,  and  prosecutes  the 
same  to  effect. 

SEC.  5552.  Every  person  so  building,  fitting  out,  equip-    Penalty  on  per- 
ping,  loading,  or  otherwise  preparing  or  sending  away  any  equipping,  etc gl 
vessel,  knowing  or  intending  that  the  same  shall  be  em-2  Mar.2M794,s. 
ployed  in  such  trade  or  business,  contrary  to  the  provisions    8ee£e.wt8. 
of  the  preceding  section,  or  any  ways  aiding  or  abetting 
therein,  shall,  oesides  the  forfeiture  of  the  vessel,  pay  the 
sum  of  two  thousand  dollars ;  one  moiety  thereof  to  the  use 
of  the  United  States,  and  the  other  moiety  thereof  to  the 
use  of  the  person  who  sues  for  and  prosecutes  the  same  to 
effect. 

SEC.  5553.  Every  vessel  employed  in  carrying  on  the 
slave-trade,  or  on  which  is  received  or  transported  any  ing  slaves. 
negro,  mulatto,  or  person  of  color,  from  any  foreign  king-  4  vi;Tp245i18May 
dom  or  country,  or  from  sea,  for  the  purpose  of  holding,  ib,  isoo,  *.  4,  v.  2, 
selling,  or  otherwise  disposing  of  such  person  as  a  slave,  or  P's7ee  gecs.  5373, 
of  holding  such  person  to  service  or  labor,  shall,  together  5s?9. 
with  her  tackle,  apparel,  furniture,  and  the  goods  and  effects 
which  may  be  found  on  board,  or  which  may  have  been 
imported  thereon  in  the  same  voyage,  be  forfeited;  one 
moiety  to  the  United  States,  and  the  other  to  the  use  of 
the  person  who  sues  for  and  prosecutes  the  forfeiture  to 
effect. 

SEC.  5554.  If  any  citizen  of  the  United  States  takes  on  ce?>alty  ^^ 
board,  receives,  or  transports  any  negro,  mulatto,  or  person  onlvi"ar(f  to  be 
of  color,  for  the  purpose  of  selling  such  person  as  a  slave,  80]Ja'J.8  22*1794  8 
he  shall,  in  addition  to  the  forfeiture  of  the  vessel,  pay  for 4,  v.  i, p.m  ' 
each  x>erson,  so  received  on  board  or  transported,  the  sum 
of  two  hundred  dollars,  to  be  recovered  in  any  court  of  the     • 
United  States  5  the  one  moiety  thereof  to  the  use  of  the  United 


444       LAWS   RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

States,  and  the  other  moiety  to  the  use  of  the  person  who 
sues  for  and  prosecutes  the  same  to  effect. 

use  of  armed  SEC.  5557.  The  President  is  authorized,  when  he  deems 
it  expedient,  to  man  and  employ  any  of  the  armed  vessels  of 
the  United  States  to  cruise  wherever  he  may  judge  attempts 
are  making  to  carry  on  the  slave-trade,  by  citizens  or  resi- 
dents of  the  United  States,  in  contravention  of  laws  pro- 
hibitory of  the  same;  and,  in  such  case,  he  shall  instruct 

seizure  of  ves- the  commanders  of  such  armed  vessels  to  seize,  take,  and 

th1e88iSSataSdeil1  brin£  into  anv  Port  of  tne  United  States,  to  be  proceeded 
M»yio.  i8oo,  s.  against  according  to  law,  all  American  vessels,  wheresoever 
2'  1807P871(J  ^"2,"  f°un(i?  which  may  have  on  board  or  which  may  be  intended 
P.  428;  Mar.'s!  forthepurposeof  taking  on  board,  or  of  transporting,  or  may 
532?' 8'1' T>  3>  p'  have  transported  any  negro,  mulatto,  or  person  of  color,  in 
violation  of  the  provisions  of  any  act  of  Congress  prohibit- 
ing the  traffic  in  slaves. 

Proceeds  of  SEC.  5558.  The  proceeds  of  all  vessels,  their  tackle,  ap- 
8ein8,h™wedi8tneb"parel,  and  furniture,  and  the  goods  and  effects  on  board  of 
Ulibid  them,  which  are  so  seized,  prosecuted,  and  condemned,  shall 

be  divided  equally  between  the  United  States  and  the  officers 
and  men  who  seize,  take,  or  bring  the  same  into  port  for  con- 
demnation, whether  such  seizure  be  made  by  an  armed  ves- 
sel of  the  United  States  or  revenue  cutter  thereof;  and  the 
same  shall  be  distributed  as  is  provided  by  law  for  the  dis- 
tribution of  prizes  taken  from  an  enemy. 

sons^ound  Tn     SEa  5559'  The  officers  and  men,  to  be  entitled  to  one- 
board  seized  ves-  half  of  the  proceeds  mentioned  in  the  last  section,  shall 
86Mar.  3, 1819,  a.  safelv  ke^p  every  negro,  mulatto,  01  person  of  color,  found 
i,v.3,p.532.  '  'on  board  of  any  vessel  so  seized,  taken,  or  brought  into 
port,  for  condemnation,  and  shall  deliver  every  such  negro, 
mulatto,  or  person  of  color,  to  the  marshal  of  the  district 
into  which  he  may  be  brought,  if  into  a  port  of  the  United 
States,  or  if  elsewhere,  to  such  person  as  may  be  lawfully 
appointed  by  the  President,  in  the  manner  directed  bylaw; 
transmitting  to  the  President,  as  soon  as  may  be  after  such 
delivery,  a  descriptive  list  of  such  negroes,  mulattoes,  or 
persons  of  color,  in  order  that  he  may  give  directions  for 
the  disposal  of  them. 

ofAo&cet8enand     SEC>  55GO-  Tlie  commanders  of  such  commissioned  ves- 
crew  sels  shall  cause  to  be  apprehended,  and  taken  into  custody, 

"  4,  w?  every  person  found  on  board  of  such  offending  vessel,  so 
seized  and  taken,  being  of  the  officers  or  crew  thereof,  and 
him  convey,  as  soon  as  conveniently  may  be,  to  the  civil 
authority  of  the  United  States,  to  be  proceeded  against  in 
due  course  of  law. 

SEC>  5561-  The  President  is  authorized  to  make  such 
from  seized  ves-  regulations  and  arrangements  as  he  may  deem  expedient 
8<Mar.  3, 1819  s  *°r  ^ne  safe-keeping,  support,  and  removal  beyond  the 
2,Y.3,P.533.  '  'limits  of  the  United  States,  of  all  such  negroes  mulattoes, 
or  persons  of  color,  as  may  be  delivered  and  brought  within 
their  jurisdiction ;  and  to  appoint  a  proper  person  residing 
upon  the  coast  of  Africa  as  agent,  for  receiving  the  negroes, 
•     mulattoes,  or  persons  of  color  delivered  from  on  board  ves- 
sels seized  in  the  prosecution  of  the  slave-trade,  by  com- 
manders of  United  States  armed  vessels. 


SLAVE   TRADE,  KIDNAPING,  COOLY   TRADE.  445 


SEC.  5562.  A  bounty  of  twenty-five  dollars  shall  be  paid 
to  the  officers  and  crews  of  the  commissioned  vessels  of  the 
United  States,  or  revenue-cutters,  for  each  negro,  mulatto, 
or  person  of  color,  who  may  be,  as  hereinbefore  provided, 
delivered  to  the  marshal  or  agent  duly  appointed  to  receive 
such  person  ;  and  the  Secretary  of  the  Treasury  is  required 
to  pay,  or  cause  to  be  paid,  to  such  officers  and  crews,  or 
their  agent,  such  bounty  for  each  person  so  delivered. 

SEC.  5563.  It  shall  be  the  duty  of  the  commander  of  any    TO  what  port 
armed  vessel  of  the  United   States,  whenever  he  makes  seStur€ 
any  capture  under  the  preceding  provisions,  to  bring  the    iwa.,s.5. 
vessel  and  her  cargo,  for  adjudication,  into  some  of  the 
ports  of  the  State  or  Territory  to  which  such  vessel  so  cap- 
tured may  belong,  if  he  can  ascertain  the  same  ;  if  not,  then 
to  be  sent  into  any  convenient  port  of  the  United  States. 

SEC.  5564.  Every  owner,  master,  or  factor  of  any  foreign    when  owners 
vessel,  clearing  out  for  any  of  the  coasts  or  kingdoms  of  shSigSeltwnd!8 
Africa,  or  suspected  to  be  intended  for  the  slave-trade,  and3  ^ar-  2|4J794>  8- 
the  suspicion  being  declared  to  the  officer  of  the  customs  ' 
by  any  citizen,  on  oath,  and  such  information  being  to  the 
satisfaction  of  the  officer,  shall  first  give  bond,  with  suf- 
ficient sureties,  to  the  Treasurer  of  the  United  States,  that 
none  of  the  natives  of  Africa,  or  any  other  foreign  country 
or  place,  shall  be  taken  on  board  such  vessel,  to  be  trans- 
ported or  sold  as  slaves,  in  any  other  foreign  port  or  place 
whatever,  within  nine  months  thereafter. 

SEC.  5565.  The  forfeitures  which  may  hereafter  be  in-  ^j!j;5Jutionof 
curred  under  any  of  the  preceding  provisions,  and  which  ^Ma/io!  isoo,  &. 
are  not  otherwise  expressly  disposed  of,  shall  accrue  and7'v'2>pt7L 
be  one  moiety  thereof  to  the  use  of  the  informer,  and  the 
other  moiety  to  the  use  of  the  United  States,  except  where 
the  prosecution  is  first  instituted  on  behalf  of  the  United 
States,  in  which  case  the  whole  shall  be  to  their  use. 

SEC.  5566.  It  may  be  lawful  for  the  President  to  enter    contracts  for 
into  contract  with  any  person,  society,  or  body  -corporate,  r?capoXf  Versons 
for  a  term  not  exceeding  five  years,  to  receive  from  th^j^I'vessefs0111 
United  States,  through  their  duly  constituted  agent  upon  aejuneiQ,  ileo,  a. 
the  coast  of  Africa,  all  negroes,  mulattoes,  or  persons  of1>Vtia'Pi40t 
color,  delivered  from  on  board  vessels  seized  in  the  prose- 
cution of  the  slave-trade,  by  commanders  of  the  United 
States  armed  vessels,  and  to  provide  such  negroes,  inulat- 
toes,  and  persons  of  color  with  comfortable  clothing,  shelter, 
and  provisions,  for  a  period  not  exceeding  one  year  from  the 
date  of  their  being  landed  on  the  coast  of  Africa,  at  a  price 
in  no  case  to  exceed  one  hundred  dollars  for  each  person  so 
clothed,  sheltered,  and  provided  with  food  ;  and  any  con- 
tract so  made  may  be  renewed  by  the  President  from  time 
to  time  as  found  necessary,  for  periods  not  to  exceed  five 
years  on  each  renewal. 

SEC.  5567.  The  President  is  authorized  to  issue  instruc- 
tions  to  the  commanders  of  the  armed  vessels  of  the  United 
States,  directing  them,  whenever  it  is  practicable,  and 
under  such  rules  and  regulations  as  he  may  prescribe,  to 
proceed  directly  to  the  coast  of  Africa,  and  there  hand  over 
to  the  agent  of  the  United  States  all  negroes,  mulattoes, 


446       LAWS    RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 

and  persons  of  color  delivered  from  on  board  vessels  seized 
in  the  prosecution  of  the  slave-trade;  and  they  shall  after- 
ward bring  the  captured  vessels  and  persons  engaged  in 
prosecuting  such  trade  to  the  United  States  for  trial  and 
adjudication. 

ece°ntio^etcf0iii  ®EC.  5568.  It  may  be  lawful  for  the  President  to  enter 
wTs?  Smiles,  'of  in  to  arrangement,  by  contract  or  otherwise,  with  one  or 
eT?romd8»teedniore  f°reign  governments  having  possessions  in  the  West 
vessels.  Indies  or  other  tropical  regions,  or  with  their  duly  consti- 

tuted  agent,  to  receive  from  the  United  States,  for  a  term 
not  exceeding  five  years,  at  such  place  as  may  be  agreed 
upon,  all  negroes,  mulattoes,  or  persons  of  color,  delivered 
from  on  board  vessels  seized  in  the  prosecution  of  the  slave- 
trade,  by  commanders  of  United  States  armed  vessels,  and 
to  provide  them  with  suitable  instruction,  and  with  com- 
fortable clothing  and  shelter,  and  to  employ  them,  at  wages, 
under  such  regulations  as  maybe  agreed  upon,  for  a  period 
not  exceeding  five  years  from  the  date  of  their  being  landed 
at  the  place  agreed  upon.  But  the  United  States  shall  incur 
no  expenses  on  account  of  such  negroes,  mulattoes,  or  per- 
sons of  color,  after  having  landed  them  at  the  place  agreed 
upon.  And  any  arrangement  so  made  may  be  renewed  by 
the  President  from  time  to  time,  as  may  be  found  necessary, 
for  periods  not  exceeding  five  years  on  each  renewal. 

SEC'  5569-  Tne  President  is  authorized  to  issue  instruc- 
vessels,  tions  to  the  commanders  of  the  armed  vessels  of  the  United 
States,  directing  them,  whenever  it  is  practicable,  and 
under  such  regulations  as  he  may  prescribe,  to  proceed 
directly  to  such  place  as  shall  have  been  agreed  upon  with 
any  foreign  government,  or  its  duly  constituted  agent,  under 
the  provisions  of  the  preceding  section,  and  there  deliver 
to  the  duly  constituted  authorities  or  agents  of  such  foreign 
government  all  negroes,  mulattoes,  or  persons  of  color, 
taken  from  on  board  vessels  seized  in  the  prosecution  of 
the  slave  trade;  and  they  shall  afterward  bring  the  vessel 
and  persons  engaged  in  prosecuting  such  trade  to  the  United 
States  for  trial  and  adjudication. 

Feb.  26, 1886.      That  from  and  after  the  passage  of  this  act  it  shall  be 
23  stat.  L.,  ;<32.  unlawful  for  any  person,  company,  partnership,  or  corpo- 
^on?  *u  any  manner  whatsoever,  to  prepay  the  transpor- 
11  n  d  e  r  tation,  or  in  any  way  assist  or  encourage  the  importation 
°r  migration  of  any  alien  or  aliens,  any  foreigner  or  for- 
21£' s>>8ec8-2158-  eigners,  into  the  United  States,  its  Territories,  or  the  District 
isVs.Mar.  3,  ch.  of  Columbia,  under  contractor  agreement,  parol  or  special, 
Aig^'chm8?1  exPress  or  implied,  made  previous  to  the  importation  or 
ii7o , 'IBS?,  Feb.23,' migration  of  such  alien  or  aliens,  foreigner  or  foreigners, 
f  ch^i^Vsti' to  Perform  labor  or  service  of  any  kind  in  the  United 
934. '  '  States,  its  Territories,  or  the  District  of  Columbia. 

he^att«r  vokf*8     .SEO*  2'  Tliat  a11  coiltracts  or  agreements,  express  or  iin- 
see  note  i.      plied,  parol  or  special,  which  may  hereafter  be  made  by 
and  between  any  person,  company,  partnership,  or  corpo- 
ration, and  any  foreigner  or  foreigners,  alien  or  aliens,  to 
perform  labor  or  service  or  having  reference  to  the  perform- 

NoU  l.-See  sections  6-10  added  to  this  act  by  1887,  Feb.  23,  ch.  220,  p.  541. 


SLAVE    TRADE,  KIDNAPING,  COOLY   TRADE.  447 

ance  of  labor  or  service  by  any  person  in  the  United  States, 
its  Territories,  or  the  District  of  Columbia  previous  to  the 
migration  or  importation  of  the  person  or  persons  whose 
labor  or  service  is  contracted  for  into  the  United  States, 
shall  be  utterly  void  and  of  no  effect. 

SEC.  3.  That  for  every  violation  of  any  of  the  Provisi°]QSlat^a01f^rvio" 
of  section  one  of  this  act  the  person,  partnership,  company,  ai8°88,°oSi9,ch. 
or  corporation  violating  the  same,  by  knowingly  assisting,  1228PFedllpRep3' 
encouraging  or  soliciting  the  migration  or  importation  of  796 ;  36 Fed. Rep!i 
any  alien  or  aliens,  foreigner  or  foreigners,  into  the  United^:^^;^^ 
States,  its  Territories,  or  the  District  of  Columbia,  to  per-75i';43Fed.Kep; 
form  labor  or  service  of  any  kind  under  contract  or  agree-  4^;i95opin8?3&. 
ment,  express  or  implied,  parol  or  special,  with  such  alien 
or  aliens,  foreigner  or  foreigners,  previous  to  becoming 
residents  or  citizens  of  the  United  States,  shall  forfeit  and 
pay  for  every  such  offence  the  sum  of  one  thousand  dollars, 
which  may  be  sued  for  and  recovered  by  the  United  States 
or  by  any  person  who  shall  first  bring  his  action  therefor 
including  any  such  alien  or  foreigner  who  may  be  a  party 
to  any  such  contract  or  agreement,  as  debts  of  like  amount 
are  now  recovered  in  the  circuit  courts  of  the  United 
States ;  the  proceeds  to  be  paid  into  the  Treasury  of  the 
United  States;  and. separate  suits  may  be  brought  for  each 
alien  or  foreigner  being  a  party  to  such  contract  or  agree- 
ment aforesaid.    And  it  shall  be  the  duty  of  the  district 
attorney  of  the  proper  district  to  prosecute  every  such  suit 
at  the  expense  of  the  United  States. 

SEC.  4.  That  the  master  of  any  vessel  who  shall  know-    Master  of  ves- 

,,.  .j-i  •  TT-    «j_     -i   r>«i  -i  ••    s  e  li    knowingly 

ingly  bring  within  the  United  States  on  any  such  vessel,  bringing  suck 
and  land,  or  permit  to  be  landed,  from  any  foreign  port  or£ 
place,  any  alien  laborer,  mechanic,  or  artisan  who,  previous    isoi,  Mar.  3, 
to  embarkation  on  such  vessel,  had  entered  into  con  tract  551)0'8'p'935' 
or  agreement,  parol  or  special,  express  or  implied,  to  per- 
form labor  or  service  in  the  United  States,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall 
be  punished  by  a  fine  of  not  more  than  five  hundred  dol- 
lars for  each  and  every  such  alien  laborer,  mechanic  or  ar- 
tisan so  brought  as  aforesaid,  and  may  also  be  imprisoned 
for  a  term  not  exceeding  six  months. 

SEC.  5.  That  nothing  in  this  act  shall  be  so  construed  as  ^°reai|1f1r8te 
to  prevent  any  citizen  or  subject  of  any  foreign  country  United1  sta 
temporarily  residing  in  the  United  States,  either  in  private  Sgner8Sa8Spr0[- 
or  official  capacity,  from  engaging,  under  contract  or  other-  vate  secretaries, 
wise,  persons  not  residents  or  citizens  of  the  United  States  servants« etc 
to  act  as  private  secretaries,  servants,  or  domestics  for  such 
foreigner  temporarily  residing  in  the  United  States  as 
aforesaid ; 

Nor  shall  this  act  be  so  construed  as  to  prevent  any  per-    ^JJja 
son,  or  persons,  partnership,  or  corporation  from  engaging,  JSries. 
under  contract  or  agreement,  skilled  workman  in  foreign  excepted. 
countries  to  perform  labor  in  the  United  States  in  or  upon 
any  new  industry  not  at  present  established  in  the  United 
States : 

Provided,  That  skilled  labor  for  that  purpose  can  not  be  ^JJ  *  8a°n 
otherwise  obtained;  nor  shall  the  provisions  of  this  act  ants. 
apply  to  professional  actors,  artists,  lecturers,  or  singers,  Ch! 551,  s.  5  "935. 


448       LAWS    RELATING    TO   THE    NAVY,  MARINE    CORPS,  ETC. 

-and  relatives.   UOr  to  persons  employed  strictly  as  personal  or  domestic 
servants : 

Provided,  That  nothing  in  this  act  shall  be  construed  as 
prohibiting  any  individual  from  assisting  any  member  of 
his  family  or  any  relative  or  personal  friend,  to  migrate 
from  any  foreign  country  to  the  United  States,  for  the  pur- 
pose of  settlement  here. 

Repeal.  SEC.  6.  That  all  laws  or  parts  of  laws  conflicting  here- 

with be,  and  the  same  are  hereby,  repealed. 


TREASON,  REBELLION,  CONSPIRACY,  AND  INSUR- 
RECTION. 


Sec. 

1642.  Militia  to  be  called  out. 

1643.  Apportioned  among  States. 

1644.  Subject  to  rules  of  war. 
Arms  to  be  furnished. 

1033.  Cojy  of  indictment,  etc.,  to  be  fur- 

nished. 

1034.  Entitled  to  counsel. 

2111.  Sending  seditious  messages;   pen- 

alty. 

2112.  Carrying  seditious  messages;  pen- 

alty. 

2113.  Correspondence  with   foreign   na- 

tions to  excite  Indians  to  war; 
penalty. 

5297.  Insurrection  against  a  State  gov- 

ernment. 

5298.  Insurrection  against  the  Govern- 

ment of  the  United  States. 

5299.  Power  to  suppress  insurrection  in 

violation  of  civil  rights. 

5300.  Proclamation  to  insurgents  to  dis- 

perse. 
5331.  Treason. 


Sec. 

5332.  Punishment  of  treason. 

5333.  Misprision  of  treason. 

5334.  Inciting  or  engaging  in  rebellion  or 

insurrection. 

Act  May  13,  1884.  Officers  of  Confeder- 
ate States,  etc.,  disqualified. 

5335.  Criminal  correspondence  with  for- 


eign governments. 
Seditic 


5336.  Seditious  conspiracy. 

5337.  Recruiting    soldiers   or  sailors  to 

serve  against  the  United  States. 

5338.  Enlistment    to   serve   against   the 

United  States. 

5406.  Conspiring  to  intimidate  witnesses, 

etc. 

5407.  Conspiracy  to  defeat  the  enforce- 

ment of  the  laws. 

5440.  All  parties  to  a  conspiracy  equally 
guilty. 

5518 .  Conspiracy  to  prevent  holdiu g  office. 

5519.  Conspiracy  to  deprive  any  person 

of  equal  protection  of  the  laws. 


Title  IB.          SEC.  1642.  Whenever  the  United  States  are  invaded,  or 

orders  oVpraa-  ar^  ^  imminent  danger  of  invasion  from  any  foreign  nation 

invasion  ca8e  °f°r  Inc^an  tribe,  or  of  rebellion  against  the  authority  of  the 

inFeb1028,  1795,  s.  Government  of  the  United  States,  it  shall  be  lawful  for 

i,  v,  i,  p.  424.       ^]ie  presi(jent  to  call  forth  such  number  of  the  militia  of  the 

State  or  States,  most  convenient  to  the  place  of  danger,  or 

scene  of  action,  as  he  may  deem  necessary  to  repel  such 

invasion,  or  to  suppress  such  rebellion,  and  to  issue  his 

orders  for  that  purpose  to  such  officers  of  the  militia  as  he 

may  think  proper. 

Militia,    how     SEC.  1643.  When  the  militia  of  more  than  one  State  is 
apj>uiv1i7,ei862,  s.  called  into  the  actual  service  of  the  United  States  by  the 
i,v,up.597.      President,  he  shall  apportion  them  among  such  States  ac- 
cording to  representative  population. 

SEC-  I644-  The  militia,  when  called  into  the  actual  serv- 
8.  ice  of  the  United  States  for  the  suppression  of  rebellion 
9ovi«fn'tt:liV'against  aild  resistance  to  the  laws  of  the  United  States, 

£9,  JoOl,  8.  O.V.  1£,       **    -,    ,  ,    .  ,  •     i  ft 

P.  282.  shall  be  subject  to  the  same  rules  and  articles  of  war  as  the 

regular  troops  of  the  United  States. 

H«r.  s,  1879.       That  upon  the  request  of  the  head  of  any  Department, 
Secretary  of  War  be,  and  he  hereby  is,  authorized  and 


tSneoff°purb  u°c  directed  to  issue  arms  aild  ammunition  whenever  they  may 
property.  be  required  for  the  protection  of  the  public  money  and 
cb  183,  v.'  2ofp'.  property,  and  they  may  be  delivered  to  any  officer  of  the 
416.  Department  designated  by  the  head  of  such  Department, 


TREASON,  REBELLION,  CONSPIRACY,  AND  INSURRECTION.   449 

to  be  accounted  for  to  the  Secretary  of  War,  and  to  be  re-    See  note  L 
turned  when  the  necessity  for  their  use  has  expired. 

SEC.  1033.  When  any  person  is  indicted  of  treason,  aTitiei3,chap.i8. 
copy  of  the  indictment  and  a  list  of  the  jury,  and  of  the    Copy  of  imii 
witnesses  to  be  produced  on  the  trial  for  proving  the  in- 
dictinent,  stating  the  place  of  abode  of  each  juror  arid 
witness,  shall  be  delivered  to  him  at  least  three  entire  days  20, v.i, p.'iis. ' 8< 
before  he  is  tried  for  the  same.    When  any  person  is  in- 
dicted of  any  other  capital  offense,  such  copy  of  the  indict- 
ment and  list  of  the  jurors  and  witnesses  shall  be  delivered 
to  him  at  least  two  entire  days  before  the  trial. 

SEC.  1034.  Every  person  who  is  indicted  of  treason,  or    Persons  indict- 
other  capital  crime,  shall  be  allowed  to  make  his  full  crimes  en*? tied 
defense  by  counsel  learned  in  the  law;  and  the  court*0  counsel  and 
before  which  he  is  tried,  or  some  judge  thereof,  shall  im-  nesseT^ 
mediately,  upon  his  request,  assign  to  him  such  counsel,    Idem- 
not  exceeding  two,  as  he  may  desire,  and  they  shall  have 
free  access  to  him  at  all  seasonable  hours.    He  shall  be 
allowed,  in  his  defense,  to  make  any  proof  that  he  can  pro- 
duce by  lawful  witnesses,  and  shall  have  the  like  process 
of  the  court  to  compel  his  witnesses  to  appear  at  his  trial, 
as  is  usually  granted  to  compel  witnesses  to  appear  on 
behalf  of  the  prosection. 

SEC.  2111.  Every  person  who  sends  any  talk,  speech,  Title  28,  chap.  3. 
message,  or  letter  to  any  Indian  nation,  tribe,  chief,  or    sending 
individual,  with  an  intent  to  produce  a  contravention 
infraction  of  any  treaty  or  law  of  the  United  States,  or  to    June  so,  1334, 8. 
disturb  the  peace  and  tranquility  of  the  United  States,  is13>v-4'P-731- 
liable  to  a  penalty  of  two  thousand  dollars. 

SEC.  2112.  Every  person  who  carries  or  delivers  any 
talk,  message,  speech,  or  letter,  intended  to  produce  a  con- 
travention  or  infraction  of  any  treaty  or  law  of  the  United  Idem>  Sp  14< 
States,  or  to  disturb  the  peace  or  tranquility  of  the  United 
States,  knowing  the  contents  thereof,  to  or  from  any  Indian 
nation,  tribe,  chief,  or  individual,  from  or  to  any  person  or 
persons  whatever,  residing  within  the  United  States,  or 
from  or  to  any  subject,  citizen,  or  agent  of  any  foreign 
power  or  state,  is  liable  to  a  penalty  of  one  thousand 
dollars. 

SEC.  2113.  Every  person  who  carries  on  a  correspondence,  J^™ JJ2n ^a6 
by  letter  or  otherwise,  with  any  foreign  nation  or  power,  tions,  to  excite 
with  an  intent  to  induce  such  foreign  nation  or  power  to  p^ty. to  war; 
excite  any  Indian  nation,  tribe,  chief,  or  individual,  to  war    idem,' a.  15. 
against  the  United  States,  or  to  the  violation  of  any  exist- 
ing treaty;  or  who  alienates,  or  attempts  to  alienate,  the 
confidence  of  any  Indian  or  Indians  from  the  Government 
of  the  United  States,  is  liable  to  a  penalty  of  one  thousand 
dollars. 

Note  1.— The  President's  proclamation,  Aug.  20, 1866, 14  Stat.,  817,  was  an  authori- 
tative declaration  that  the  rehelhon  was  suppressed,  and  it  is  to  he  so  regarded  on 
and  after  that  date.  The  recognition  and  adoption  of  the  time  so  designated  in  the 
act  or  March  2,  1867,  14  Stat.,  428,  gives  to  it  the  force  and  sanction  of  positive  law, 
and  makes  it  binding  and  conclusive  on  the  courts.  (C.  C.,  IV,  p,  1.  See  Wallace,  12, 
p.  700.) 

376 29 


450       LAWS    RELATING    TO    THE    NAVY,   MARINE    CORPS,  ETC. 

Title  69.          SEC.  5297.  In  case  of  an  insurrection  in  any  State  against 
insurrection  the  government  thereof,  it  shall  be  lawful  for  the  President, 
™iraroent.tate°n  application  of  the  legislature  of  such  State,  or  of  the 
Feb.  28,  1795^8.  executive,  when  the  legislature  cannot  be  convened,  to  call 
Mar.'  sj  1807,  v.22,:  forth  such  number  of  the  militia  of  any  other  State  or 
P.  443.'  States,  which  may  be  applied  for,  as  he  deems  sufficient  to 

suppress  such  insurrection;  or,  on  like  application,  to  em- 
ploy, for  the  same  purposes,  such  part  of  the  land  or  naval 
forces  of  the  United  States  as  he  deems  necessary. 
insurrection  SEC.  5298.  Whenever,  by  reason  of  unlawful  obstructions, 
of  the  combination  s,  or  assemblages  of  persons,  or  rebellion 
against  the  authority  of  the  Government  of  the  United 
i,vi2,  p1.  28i.'  'States,  it  shall  become  impracticable,  in  the  judgment  of 
the  President,  to  enforce,  by  the  ordinary  course  of  judicial 
proceedings,  the  laws  of  the  United  States  within  any  State 
or  Territory,  it  shall  be  lawful  for  the  President  to  call  forth 
the  militia  of  any  or  all  the  States,  and  to  employ  such 
parts  of  the  land  and  naval  forces  of  the  United  States  as 
he  may  deem  necessary  to  enforce  the  faithful  execution  of 
the  laws  of  the  United  States,  or  to  suppress  such  rebellion, 
in  whatever  State  or  Territory  thereof  the  laws  of  the 
United  States  may  be  forcibly  opposed,  or  the  execution 
thereof  forcibly  obstructed. 
power  to  snp-  gEc.  5299.  Whenever  insurrection,  domestic  violence. 

press     insurrec-        ,         „   ,  ,  .        ,  .  .         7.  o.,     j 

tion  in  violation  unlawful  combinations,  or  conspiracies  in  any  State  so 
°fApr!2o?f87i,'8.  obstructs  or  hinders  the  execution  of  the  laws  thereof,  and 
3,  v.  17,  p.'i4.  '  '  of  the  United  States,  as  to  deprive  any  portion  or  class  of 
the  people  of  such  State  of  any  of  the  rights,  privileges,  or 
immunities,  or  protection,  named  in  the  Constitution  and 
secured  by  the  laws  for  the  protection  of  such  rights,  privi- 
leges, or  immunities,  and  the  constituted  authorities  of  such 
State  are  nnable  to  protect,  or,  from  any  cause,  fail  in  or 
refuse  protection  of  the  people  in  such  rights,  such  facts 
shall  be  deemed  a  denial  by  such  State  of  the  equal  pro- 
tection of  the  laws  to  which  they  are  entitled  under  the 
Constitution  of  the  United  States;  and  in  all  such  cases, 
or  whenever  any  such  insurrection,  violence,  unlawful  com- 
bination, or  conspiracy,  opposes  or  obstructs  the  laws  of 
the  United  States,  or  the  due  execution  thereof,  or  impedes 
or  obstructs  the  due  course  of  justice  under  the  same,  it 
shall  be  lawful  for  the  President,  and  it  shall  be  his  duty, 
to  take  such  measures,  by  the  employment  of  the  militia  or 
the  land  and  naval  forces  of  the  United  States,  or  of  either, 
or  by  other  means,  ?is  he  may  deem  necessary,  for  the  sup- 
pression of  such  insurrection,  domestic  violence,  or  combi- 
nations. 


SE°-  530°-  Whenever,  in  the  judgment  of  the  President, 
^  becomes  necessary  to  use  the  military  forces  under  this 
2,vui2,p  "m     '  Title,  the  President  shall  forthwith,  by  proclamation,  coin- 
mand  the  insurgents  to  disperse  and  retire  peaceably  to 
their  respective  abodes,  within  a  limited  time. 

Title  70,  chap.^2.     SEC>  533^  Every  person  owing  allegiance  to  the  United 
Jp?aJni790  s  States  who  levies  war  against  them,  or  adheres  to  their 
i,v.i,'p.ii2.  '*'  enemies,  giving  them  aid  and  comfort  within  the  United 
States  or  elsewhere,  is  guilty  of  treason. 


TREASON,  REBELLION,  CONSPIRACY,  AND  INSURRECTION.   451 

SEC.  5332.  Every  person  guilty  of  treason  shall  suffer  tr^jfhment  ot 
death ;  or,  at  the  discretion  of  the  court,  shall  be  impris-  rjuiyD'i7,  1862, 
oned  at  hard  labor  for  not  less  than  five  years,  and  fined  j^1' 3)  v<  12>  p- 
not  less  than  ten  thousand  dollars,  to  be  levied  on  and  col- 
lected out  of  any  or  all  of  his  property,  real  and  personal, 
of  which  he  was  the  owner  at  the  time  of  committing  such 
treason,  any  sale  or  conveyance  to  the  contrary  notwith- 
standing 5  and  every  person  so  convicted  of  treason  shall, 
moreover,  be  incapable  of  holding  any  office  under  the 
United  States. 

SEC.  5333.  Every  person,  owing  allegiance  to  the  United  tr^nri8ion  °f 
States  and  having  knowledge  of  the  commission  of  any    Apr.  so,  1790,  s. 
treason  against  them,  who  conceals,  and  does  not,  as  soon2'Vfl'pf112' 
as  maybe,  disclose  and  make  known  the  same  to  the  Presi- 
dent or  to  some  judge  of  the  United  States,  or  to  the  gov- 
ernor, or  to  some  judge  or  justice  of  a  particular  State,  is 
guilty  of  misprision  of  treason,  and  shall  be  imprisoned 
not  more  than  seven  years,  and  fined  not  more  than  one 
thousand  dollars. 

SEC.  5334.  Every  person  who  incites,  sets  on  foot,  assists,  alniitin 
or  engages  in  any  rebellion  or  insurrection  against  the  ?£S 
authority  of  the  United  States,  or  the  laws  thereof,  or  gives  t*^  n  m2  g 
aid  or  comfort  thereto,  shall  be  punished  by  imprisonment  2,  v.  12, p.'soo. ' 
not  more  than  ten  years,  or  by  a  fine  of  not  more  than  ten    See  8eCt 5297t 
thousand  dollars,  or  by  both  of  such  punishments;  and 
shall,  moreover,  be  incapable  of  holding  any  office  under 
the  United  States. 

That  section  twelve  hundred  and  eighteen  of  the  Revised  Mar,  si,  1896. 
Statutes  of  the  United  States,  as  amended  by  chapter  forty-    29  stat.  L.,  84. 

-  -   -       C!—       B.  S.,voL 


six  of  the  laws  of  eighteen  hundred  and  eighty-four,  which  2)p!4 

Section  is  as  follows:  'Army      and 

"No  person  who  held  a  commission  in  the  Army  or  Navy    confederate 
of  the  United  States  at  the  beginning  of  the  late  rebellion,  §£[jjgi£01i 
and  afterwards  served  in  any  capacity  in  the  military,  naval,    ^ef^s  and 
or  civil  service  of  the  so-called  Confederate  States,  or  of  1884,  May  ii  oh. 
either  of  the  States  in  insurrection  during  the  late  rebellion,  |6»  |^<i  °UPP-  K- 
shall  be  appointed  to  any  position  in  the  Army  or  Navy  of 
the  United  States," 

be,  and  the  same  is  hereby,  repealed. 

SEC.  5335.    Every  citizen  of  the  United  States,  whether  ^^i^fft' 

,   _  i     •   -i  •  •  J_T     •  J_T  *  SpOIHlOIlCtJ    W 1  u  H 

actually  resident  or  abiding  within  the  same,  or  in  any  foreign   govern, 
foreign  country,  who,  without  the  permission  or  authority  mj°n830 1799  ch> 
of  the  Government,  directly  or  indirectly,  commences  or  i,  v.  i,  p.'eia. ' 
carries  on  any  verbal  or  written  correspondence  or  inter-  Diplomatic  om'- 
course  with  any  foreign  government,  or  any  officer  or  agent  cera,  and  sec. 
thereof,  with  an  intent  to  influence  the  measures  or  conduct 
of  any  foreign  government,  or  of  any  officer  or  agent 
thereof,  in  relation  to  any  disputes  or  controversies  with 
the  United  States,  or  to  defeat  the  measures  of  the  Govern- 
ment of  the  United  States;  and  every  person,  being  a  citi- 
zen of,  or  resident  within,  the  United  States,  and  not  duly 
authorized,  who  counsels,  advises,  or  assists  in  any  such 
correspondence,  with  such  intent,  shall  be  punished  by  a 
fine  of  not  more  than  five  thousand  dollars,  and  by  impris- 
onment during  a  term  not  less  than  six  months,  nor  more 


452       LAWS   RELATING   TO   THE   NAVY,  MARINE   CORPS,  ETC. 

than  three  years;  but  nothing  in  this  section  shall  be  con- 
strued to  abridge  the  right  of  a  citizen  to  apply,  himself  or 
his  agent,  to  any  foreign  government  or  the  agent  thereof 
for  redress  of  any  injury  which  he  may  have  sustained  from 
such  government,  or  any  of  its  agents  or  subjects. 
seditious  con-     SEC.  5336.  If  two  or  more  persons  in  any  State  or  Terri- 
8pj3yy'3i,  1861,  tory  conspire  to  overthrow,  put  down,  or  to  destroy  by  force 
ch.  23  v.  12,  p.284  ;  ^ne  Government  of  the  United  States,  or  to  levy  war 
v.  n'.p.  is.   '     '  against  them,  or  to  oppose  by  force  the  authority  thereof; 
or  by  force  to  prevent,  hinder,  or  delay  the  execution  of 
any  law  of  the  United  States  ;  or  by  force  to  seize,  take,  or 
possess  any  property  of  the  United  States  contrary  to  the 
authority  thereof;  each  of  them  shall  be  punished  by  a  tine 
of  not  less  than  five  hundred  dollars  and  not  more  than 
five  thousand  dollars  ;  or  by  imprisonment,  with  or  without 
hard  labor,  for  a  period  not  less  than  six  months,  nor  more 
than  six  years,  or  by  both  such  fine  and  imprisonment. 
Recruiting  sol-     SEC.  5337.  Every  person  who  recruits  soldiers  or  sailors 
^ZrtrtttoTOthin  the  United  States  to  engage  in  armed  hostility 
united  states,    against  the  same,  or  who  opens  within  the  United  States  a 
recruiting  station  for  the  enlistment  of  such  soldiers  or 
sailors,  to  serve  in  any  manner  in  armed  hostility  against 
the  United  States,  shall  be  fined  not  less  than  two  hundred 
dollars,  nor  more  than  one  thousand  dollars,  and  imprisoned 
not  less  than  one  year,  nor  more  than  five  years. 
Enlistment  to     SEC.  5338.  Every  soldier  or  sailor  enlisted  or  engaged 
unTtedgstates!be  within  the  United  States,  with  intent  to  serve  in  armed 
ibid.,  a.  2.       hostility  against  the  same,  shall  be  punished  by  a  fine  of 
one  hundred  dollars,  and  by  imprisonment  not  less  than 
one  year,  nor  more  than  three  years. 

Title  70,  ch»p.  4.     SEC.  5406.  If  two  or  more  persons  in  any  State  or  Terri- 
to  tory  conspire  to  deter,  by  force,  intimidation,  or  threat,  any 
Par^v    r  witness  in  any  court  of  the  United  States  from 


Apr2oi87M!  attending  such  court,  or  from  testifying  to  any  matter 
2,  v.  17,  p.  is.  pending  therein,  freely,'  fully,  and  truthfully,  or  to  injure 
such  party  or  witness  in  his  person  or  property  on  account 
of  his  having  so  attended  or  testified,  or  to  influence  the 
verdict,  presentment,  or  indictment  of  any  grand  or  petit 
juror  in  any  such  court,  or  to  injure  such  juror  in  his  per- 
son or  property  on  account  of  any  verdict,  presentment,  or 
indictment  lawfully  assented  to  by  him,  or  of  his  being  or 
having  been  such  juror,  each  of  such  persons  shall  be  pun- 
ished by  a  fine  of  not  less  than  five  hundred  nor  more  than 
five  thousand  dollars,  or  by  imprisonment,  with  or  without 
hard  labor,  not  less  than  six  months  nor  more  than  six 
years,  or  by  both  such  fine  and  imprisonment. 

de?eTPieTforc£       SEC>  54°7'   If  tWO  Of  mOre  PerSO.nS  in  ^y  St.ate  °r  T^rri- 

nieut  of  the  laws!  tory  conspire  for  the  purpose  of  impeding,  hindering,  ob- 
structing, or  defeating,  in  any  manner,  the  due  course  of 
justice  in  any  State  or  Territory,  with  intent  to  deny  to  any 
citizen  the  equal  protection  of  the  laws,  or  to  injure  him  or 
his  property  for  lawfully  enforcing,  or  attempting  to  enforce, 
the  right  of  any  person,  or  class  of  persons,  to  the  equal 
protection  of  the  laws,  each  of  such  persons  shall  be  pun- 
ished by  a  fine  of  not  less  than  five  hundred  nor  more  than 


TREASON,  REBELLION,  CONSPIRACY,  AND  INSURRECTION.      453 

five  thousand  dollars,  or  by  imprisonment,  with  or  without 
hard  labor,  not  less  than  six  months  nor  more  than  six 
years,  or  by  both  such  fine  and  imprisonment. 

SEC.  5440.  If  two  or  more  persons  conspire  either  to  com-  Title  ?o,chap.5. 
mit  any  offense  against  the  United  States,  or  defraud  the  ~AII  parties  to 
United  States  in  any  manner  or  for  any  purpose,  and  one  or*  Ucaun8^ftaoy 
more  of  such  parties  do  any  act  to  effect  the  object  of  the  icarfsfwevi. 
conspiracy,  all  the  parties  to  such  conspiracy  shall  be  liable  MaJ'i74li87948v 
to  a  penalty  of  not  more  than  ten  thousand  dollars  or  to  21,  p.  4.' 
imprisonment  for  not  more  than  two  years,  or  to  both  fine  nf ^i^zi  stat! 
and  imprisonment,  in  the  discretion  of  the  court.  L.',4,titie"Fraud, 

perjury,  etc., 
amending     this 
section. 

SEC.  5518.  If  two  or  more  per  sons  in  any  State  or  Territory  Title  70,  chap.  7. 
conspire  to  prevent,  by  force,  intimidation,  or  threat,  any  conspiracy  to 
person  from  accepting  or  holding  any  office,  trust,  or  place  prevent  accept- 

j?  i2j  j        j5      -r-r    •*-     -i   o^    i  ^>  i  •      -i  •         ing  or  holding  of- 

of  confidence  under  the  United  States,  or  from  discharging  fice  under  united 
any  duties  thereof;  or  to  induce  by  like  means  any  officer  stj{5y  31  1861 
of  the  United  States  to  leave  any  State,  district,  or  place,  ch.33,v.i2,'P.284'; 
where  his  duties  as  an  officer  are  required  to  be  performed,  v.??',?!1!^71' s'2' 
or  to  injure  him  in  his  person  or  property  on  account  of  his    See  sec-  54°7- 
lawful  discharge  of  the  duties  of  his  office,  or  while  engaged 
in  the  lawful  discharge  thereof,  or  to  injure  his  property  so 
as  to  molest,  interrupt,  hinder,  or  impede  him  in  the  dis- 
charge of  his  official  duties;  each  of  such  persons  shall  be 
punished  by  a  fine  of  not  less  than  five  hundred  nor  more 
than  five  thousand  dollars,  or  by  imprisonment,  with  or 
without  hard  labor,  not  less  than  six  months  nor  more  than 
six  years,  or  by  both  such  fine  and  imprisonment. 
SEC.  5519.  If  two  or  more  persons  in  any  State  or  Terri-  ,  Conspiracy  to 

•  •        i  •          •  j  i        i  •    i  i       ti6priv6  £iii  y  per* 

tory  conspire,  or  go  in  disguise  on  the  highway  or  on  the  son  of  the  equal 
premises  of  another,  for  the  purpose  of  depriving,  either  [a™^ctionofthe 
directly  or  indirectly,  any  person  or  class  of  persons  of  the    Apr.  20, 1371,  s. 
equal  protection  of  the  laws,  or  of  equal  privileges  and2' see  sec'.  Sse. 
immunities  under  the  laws;  or  for  the  purpose  of  prevent- 
ing or  hindering  the  constituted  authorities  of  any  State 
or  Territory  from  giving  or  securing  to  all  persons  within 
such  State  or  Territory  the  equal  protection  of  the  laws; 
each  of  such  persons  shall  be  punished  by  a  fine  of  not  less 
than  five  hundred  nor  more  than  five  thousand  dollars,  or 
by  imprisonment,  with  or  without  hard  labor,  not  less  than 
six  months  nor  more  than  six  years,  or  by  both  such  fine 
and  imprisonment. 


CONSTRUCTION  OF  UNITED  STATES  STATUTES  RELATING 
TO  THE  NAVY  AND  MARINE  CORPS. 


DECISIONS  OF  FEDERAL  COURTS  AND  OPINIONS  OF  THE  ATTORNEYS- 
aENERAL  OF  THE  UNITED  STATES, 


act8  ofatjan  ^  Academy,  Haval,  hazing  at,  punishable. 

1874,  ch.  453;    15 

Act   Mar.'   3,  Accounts,    transportation    of    enlisted    men. — The    methods 
stat.  L.',  420-  20     adopted  in  settling  accounts  for  transportation  of  the 
.' '^'m      Army  under  the  act  cited  are  not  applicable  to  accounts 
24,'     for  the  transportation  of  enlisted  men  of  the  Navy  and 
Marine  Corps. 

An  omission  by  Congress  of  some  accounts  from  an 
act  providing  for  the  settlement  of  certain  accounts  for 
transportation  shows  that  it  was  not  the  intention  of  Con- 
gress to  make  said  act  apply  to  all  accounts  for  transpor- 
tation furnished  under  preceding  acts. 
TJ  Accounts  °f  district  attorney  and  prize  commissioner. 

S.  Stats.,  Goulci 
and  Tucker,  p. 
249,  note  on  s.  833. 

Art.  29.    see  Accused  may  testify. 

"Evidence." 
Green  v.  TJ.  S.,  9 
Wall.,  655;  but 
see  Jones  t).  U.S., 
1  C.  Cls.,  833. 

Act  of  Aug.  14,  Absence  from  command,  enlisted  men  of  Navy  and  Marine 
op., '221.  Corps.    The  phrase,  "  by  reason  of  absence  from  his  com- 

mand at  the  time  he  became  entitled  to  his  discharge," 
as  used  in  'the  first  section  of  the  act  cited,  is  to  be  re- 
garded as  equally  applicable  to  the  date  when  the  term 
of  enlistment  of  the  applicant  expired,  and  to  the  date 
when  he  would  have  received  his  discharge  along  with 
other  enlisted  men  with  whom  he  served,  had  he  been 
present. 

The  proviso  in  the  third  section  of  the  act  cited  is  ap- 
plicable to  the  latter  section  alone. 

ii9a)  24  ^If1' L''  (a)  RdAtf  t°  sailors  and  marines. — The  act  under  considera- 
see  also  V.'  Up.  tion  clearly  intended  to  grant  the  same  relief  to  the  sailors 
and  niarines  of  ti>e  late  war  that  had  been  granted  to 
the  soldiers  under  like  circumstances  by  the  acts  cited 
under  (a). 

454 


FEDERAL  COURT  DECISIONS  —  OPINIONS  ATTORNEY-GENERALS.      455 


Absence  on  pay.  —  The  section  of  the  act  cited  inhibits 
heads  of  Departments  and  the  Executive  from  granting  oh.  128,  V  4;  20! 
leave  of  absence  to  Department  clerks  with  pay  and  with-  ^Q^      n.3?!' 
out  charging  the  time  against  the  period  of  absence  al-i892. 
lowed  annually  by  law,  in  every  case  except  that  of 


sickness  of  the  clerk  concerned.  £an-  .11v1^?2:  by 

Court  of  Claims. 


(a)  Prohibited.  —  The  appropriation  act  cited  under  (a] 
hibits  any  further  leave  of  absence  on  pay  when  the  ein-  20 
ployee  has  before  July  1,  1893,  been  absent  for  a  longer 
period  than  ninety  days  during  the  calendar  year  1893.  OP./GTO,  oiney,' 

Oct.  12,  1893. 

Active  list,  of  the  Navy,  etc.—  That  the  active  list  of  the  Med-    22  stat  L  235, 
ical  Corps  of  the  Navy  shall  hereafter  consist  of  fifteen  ac 
medical  directors,fifteen  medical  inspectors,  fifty  surgeons, 
and  ninety  assistant  and  passed  assistant  surgeons. 

That  the  active  list  of  the  Pay  Corps  of  the  Navy  shall 
hereafter  consist  of  thirteen  pay  directors,  thirteen  pay 
inspectors,  forty  paymasters,  twenty  passed  assistant 
paymasters,  and  ten  assistant  paymasters. 

That  the  active  list  of  the  Engineer  Corps  of  the  Navy 
shall  hereafter  consist  of  ten  chief  engineers  with  the 
relative  rank  of  captain,  fifteen  chief  engineers  with  the 
relative  rank  of  commander,  forty-five  chief  engineers 
with  the  relative  rank  of  lieutenant-commander  or  lieu- 
tenant, sixty  passed  assistant  engineers,  and  forty  assist- 
ant engineers,  with  the  relative  rank  for  each  as  now  fixed 
by  law  ;  and  after  the  number  of  officers  in  the  said  grades 
shall  be  reduced  as  above  provided,  the  number  in  each 
grade  shall  not  exceed  the  reduced  number  which  is  fixed 
by  the  provisions  of  this  act  for  the  several  grades. 

Reduction  of  officers  not  to  reduce  rank.  —  That  no  officer  now    Act  of    1374, 
in  the  service  shall  be  reduced  in  rank  or  deprived  of  his  8<  3> 
commission  by  reason  of  any  provision  of  this  act  reduc- 
ing the  number  of  officers  in  the  several  staff  corps  :  Pro- 
vided, That  no  further  appointments  of  cadet  engineers 
shall  be  made  by  the  Secretary  of  the  Navy  under  section 
three  of  the  act  of  eighteen  hundred  and  seventy-four  [by 
which  such  appointments  shall  not  exceed  twenty-five 
each  year]. 

Vacancies  in  grades.  —  That  as  vacancies  shall  occur  in  any 
of  the  grades  of  the  Medical,  Pay,  and  Engineer  corps  of 
the  Navy  no  promotion  shall  be  made  to  fill  the  same  until 
the  number  in  said  grade  shall  be  reduced  below  the  num- 
ber which  is  fixed  by  the  provisions  of  this  act  for  such 
grade. 

Half  of  vacancies,  liow  filled.  —  Hereafter  only  one-half  of 
the  vacancies  in  the  various  grades  in  the  line  of  the 
Navy  shall  be  filled  by  promotion  until  such  grades  shall 
be  reduced  to  the  following  numbers,  namely:  Kear- 
admirals,  six;  commodores,  ten;  captains,  forty-five; 
commanders,  eighty-  five;  lieutenant-commanders,  sev- 
enty-four; lieutenants,  two  hundred  and  fifty;  masters, 
seventy-  five;  ensigns,  seventy-five;  and  thereafter  pro- 
motions to  all  vacancies  shall  be  made,  but  not  to  increase 
either  of  said  grades  above  the  numbers  aforesaid. 


456       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

Rani'  and  pay  of  officers  on  retired  list. — Hereafter  there 
shall  be  no  promotion  or  increase  of  pay  in  the  retired 
list  of  the  Navy,  but  the  rank  and  pay  of  officers  on  the 
retired  list  shall  be  the  same  that  they  are  when  such 
officers  shall  be  retired. 

Discharged  until  not  more  than  one  year's  pay. — That  when- 
ever, on  an  inquiry  had  pursuant  to  law,  concerning  the 
fitness  of  an  officer  of  the  Navy  for  promotion,  it  shall 
appear  that  such  officer  is  unfit  to  perform  at  sea  the 
duties  of  the  place  to  which  it  is  proposed  to  promote 
him,  by  reason  of  drunkenness,  or  from  any  cause  aris- 
ing from  his  own  misconduct,  and  having  been  informed 
of  and  heard  upon  the  charges  against  him,  he  shall  not 
be  placed  on  the  retired  list  of  the  Navy,  and  if  the  find- 
ing of  the  board  be  approved  by  the  President,  he  shall 
be  discharged  with  not  more  than  one  year's  pay. 

Traveling  abroad. — And  officers  of  the  Navy  traveling 
abroad  under  orders  hereafter  issued  shall  travel  by  the 
most  direct  route,  the  occasion  and  necessity  for  such 
order  to  be  certified  by  the  officer  issuing  the  same,  and 
shall  receive  in  lieu  of  the  mileage  now  allowed  by  law 
only  their  actual  and  reasonable  expenses,  certified  under 
their  own  signatures  and  approved  by  the  Secretary  of 
the  Navy. 

Benefits  of  actual  service,  ichether  as  regular  or  volunteer. — 
And  all  officers  of  the  Navy  shall  be  credited  with  the 
actual  time  they  may  have  served  as  officers  or  enlisted 
men  in  the  Regular  or  Volunteer  Army  or  Navy,  or  both, 
and  shall  receive  all  the  benefits  of  such  actual  service  in 
all  respects  in  the  same  manner  as  if  all  said  service  had 
been  continuous  and  in  the  Regular  Navy:  Provided, 
That  nothing  in  this  clause  shall  be  so  construed  as  to 
authorize  any  change  in  the  dates  of  commission  or  in  the 
relative  rank  of  such  officers. 

Insufficiency  of  appropriation  for  pay  of  officers,  how  made 
up. — And  should  the  sums  appropriated  for  the  pay  of  the 
officers  on  the  active  and  retired  lists  of  the  Navy  be 
insufficient,  then  and  in  that  case  the  Secretary  of  the 
Navy  is  hereby  authorized  to  use  any  and  all  balances 
which  may  be  due  or  become  due  to  upay  of  the  Navy" 
from  the  other  bureaus  of  the  Department  for  that 
purpose. 

4?2a>  sLS't;aNavai  (a)  Title  midshipman  changed  to  ensign. — The  act  of  March  3, 
cadet*,"  p.  _.  1883,  provides  for  ninety-one  midshipmen,  the  title  of 
which  grade  is  hereby  changed  to  ensign,  and  the  mid- 
shipmen now  on  the  list  shall  constitute  a  junior  grade 
of,  and  be  commissioned  as,  ensigns,  having  the  same 
rank  and  pay  as  now  provided  by  law  for  midshipmen,  etc. 

AtBlnil,  in  section  1362,  Revised  Statutes,  edition  1878, 
exPr.esses  title,  rank,  and   grade,  as  also  does  vice- 
; 'Cf.  Ruther-     admiral. 

ford  v.  U.  8.,  18  C.  Cls.  E.,  339 ;  McClurer.U.  S.,  id.,  347. 


FEDERAL  COURT  DECISIONS  —  OPINIONS  ATTORNEY-GENERALS.      457 


Advanced  for  gallantry,  etc.  —  Any  officer  of  the  Navy  may, 
by  and  with  the  advice  and  consent  of  the  Senate,  be  ch.  200,  p. 
advanced,  not  exceeding  thirty  numbers  in  rank,  for  emi-  J°c.uch.'i,'n5'. 
nent  and  conspicuous  conduct  in  battle  or  extraordinary 
heroism.  The  statute  cited  adds:  "And  the  rank  of 
officers  shall  not  be  changed,  except  in  accordance  with 
the  provisions  of  existing  law,  and  by  and  with  the 
advice  and  consent  of  the  Senate." 

Advancement  in  rank  under  this  section  is  not  one  of 
the  cases  within  Bevised  Statutes,  sections  1581  and  1562, 
entitling  the  officer  to  pay  from  a  date  anterior  to  his 
commission. 

Apothecary,  rations  for.-—  An  apothecary  in  the  Navy  doing    Rev.  stat.,  s. 
detail  duty  at  the  marine  barracks  is  not  u  attached  to  xj7|.;,  21  C!CIS!R!,' 
the  ordinary  of  a  navy-yard  "  and  is  not  entitled  to  a  53- 
daily  ration  under  this  section. 

(a)  "Ordinary  of  a  navy  -yard."  —  "Ordinary  of  a  navy-yard"    <<*)  Button  v. 
here  refers  to  ships  laid  up  in  ordinary  at  a  navy-yard,  423.''  2°       '  '' 
and  this  section  authorizes  allowances  of  a  ration  to  petty 
officers  and  seamen  attached  to  and  doing  duty  on  ship- 
board, though  not  upon  a  seagoing  vessel,  but  not  to  the 
apothecary  of  the  Naval  Academy  when  engaged  on  shore 
duty. 

Appointments.  —  Under  the  statute  cited  the  vacancies  in  the  df^^A8^' 
lowest  grade  of  commissioned  officers  in  the  Line  and  OP'.,  eis,  oineyi 
Marine  Corps  must  be  filled  from  the  final  graduates  ofjune10'1893- 
the  Line  and  Marine  Corps  at  Annapolis;  so  also  as  to 
vacancies  in  the  Engineer  Corps.    Vacancies  in  the  Line 
and  Marine  Corps  can  not  be  filled  from  the  Engineer 
Corps  division,  vice  versa. 

Honorably  discharged  sailors  to  be  preferred  for  appointment  ^^st&t.,  8. 
to  civil  offices.  —  "  Persons  honorably  discharged  from  thesis,  Wier,  May 
military  or  naval  service  by  reason  of  disability  resulting  24'  1889« 
from  wounds  or  sickness  incurred  in  the  line  of  duty,  shall 
be  preferred  for  appointments  to  civil  offices,  provided 
they  are  found  to  possess  the  business  capacity  necessary 
for  the  proper  discharge  of  the  duties  of  such  offices." 

Duty  of  those  making  appointments  to  give  their  preference.  — 
By  the  section  cited  it  is  made  the  duty  of  those  making 
appointments  to  civil  offices  to  give  a  preference,  other 
things  being  equal,  to  the  class  of  persons  named  in  that 
section  ;  but  the  matter  of  capacity  and  personal  fitness  for 
the  place  is  for  the  determination  of  the  appointing  power. 

Appointment  of  cadets.  —  A  cadet,  nominated  to  the  Naval  2iA.G.qp.,342, 

T     ,.  r.        -..-        ,  /?J.T      Harmon,  May  7, 

Academy  upon  the  recommendation  of  a  Member  of  thei896;ioA.G.6p., 
House  of  Eepresentatives  who,  since  the  recommenda-  JJ^gud.  ^el!1'' 
tion  and  nomination,  has  been  unseated  by  contest  of 
election,  can  not  be  lawfully  deprived  of  his  place  if  he 
passes  his  examination. 

(a)  Notification  of  vacancy.—  The  Secretary  of  the  Navy  is  g  ^4Eev-  stat-- 
not  to  revoke  such  a  nomination  and  notify  the  newly  s' 
seated  Member  that  a  vacancy  occurs.    He  has  no  right 
to  call  for  a  new  recommendation,  except  under  the  sec- 
tion cited,  when  the  candidate  fails  to  pass  his  examina- 
tion. 


458   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

b  (&act  ™uh-d26d  W  Recommendation  for  appointment. — The  notice  provided 
i894ac(2  supp-l  fr>r  by  section  1514,  cited,  as  amended,  was  intended  to 
Stat''  be  Siven  to  tue  Member  of  Congress  actually  sitting, 
and  the  recommendation  provided  by  said  section  was 
intended  to  be-  made  by  such  Member,  and  action  duly 
taken  thereon  should  not  be  affected  by  any  subsequent 
event,  except  the  failure  of  the  nominee  to  pass  his  exam- 
ination. 

.op.,  ^  Rig^  of  Members  of  Congress. — Until  a  decision  is  made 
which  unseats  them  Members  of  Congress  whose  seats 
are  contested  are  considered  to  be  in  all  respects  endowed 
with  the  same  rights,  powers,  and  privileges  as  other 
Members. 

ch^i86M  2ri'2A18(f'  Recommendations  for  appointment. — The   proviso    to   the 
op.,  164,  oWi     naval  appropriation  act  cited,  permitting  and  authoriz- 
Apr.  24, 1895.          jng  every  Representative  or  Delegate  in  Congress  "  whose 
district  or  Territory  is  not  now  represented  at  the  Naval 
Academy"  to  make  recommendation  on  or  before  March 
4, 1895,  of  a  candidate  for  appointment  as  a  cadet  at  the 
Naval  Academy  of  the  United  States,  was  intended  to  ap- 
ply to  Members  of  the  then  existing  Fifty-third  Congress. 
IM^TM?**''  88'         ^°  ^e  valid,  it  was  essential  that  a  recommendation 
should  be  made  before  12  o'clock  noon  of  March  4,  1895; 
and,  in  consequence,  these  recommendations  considered 
in  the  opinion  are  held  to  be  ineffective  to  deprive  the 
successors  in  office  of  the  signers  of  the  recommendations 
of  the  general  privileges  granted  to  them  by  the  sections 
cited. 

i886CchA849^'  ^Armament,  naval  vessels. — The  words  u  exclusive  of  arma- 
A.G.Op.,23^.  ment,"  as  used  in  the  first  section  of  the  act  cited,  are 
not  to  be  understood  as  excluding  the  offensive  anna 
meut,  such  as  guns,  torpedoes,  etc.,  only;  the  term  "  ar- 
mament" comprehending,  besides  those  articles,  such 
shields  and  protections  as  are  directly  and  necessarily 
connected  with  the  efficient  and  safe  working  thereof. 

n^T^G^' 'A>rrears'  officers  *&• — ^  naval  officer  in  the  service  of  the 

420,593.  '  Government  is  not  deprived  of  his  right  to  the  rations 

allowed  by  law,  or  the  amount  of  money  for  which  they 

maybe  commuted,  although  he  is  in  arrears  to  the  United 

States. 

le^Arlclesfor  •A>rrest' two  mav  ke  made  in  an  emergency, — Upon  considera- 
the  Government     tion  of  the  articles  and  statute  cited  for  the  government 
£  %  ?9aZ'  o!     pf  the  Navy :  Held,  That  there  may  be  two  arrests  in  an 
op.,  472,  Miiier,     emergency,  or  upon  discovery  of  the  alleged  wrongdoing, 
with  a  view  to  a  preliminary  examination,  and,  if  neces- 
sary, the  formulation  and  specification  of  charges. 
(a)  Arrest  for  trial. — Held,  further.  That  article  43  in  the 
provision  declaring  that  "the  person  accused  shall  be 
furnished  with  a  true  copy  of  the  charges,  with  the  spec- 
ifications, at  the  time  he  is  put  under  arrest,"  has  ref- 
erence to  the  arrest  for  trial,  and  not  the  arrest  in  the 
first  instance. 

iG^T^ifog'art'  Articles  for  the  Government  of  the  Navy.— Congress  has  con- 
2  sawyer,  age';  stitutional  power  to  provide  for  punishment  of  offenses 
wanness17'  (See*  in  ^ne  naval  service  by  courts-martial  without  indictment 

'Courts-martiaL')      Or  jury  trial. 


FEDERAL  COURT  DECISIONS OPINIONS  ATTORNEY-GENERALS.       459 

Charges  preferred  by  others  than  the  Secretary. — The  restric-    Art,  43 ;  4  A.  G. 
tioiis  of  the  article  cited  apply  only  to  cases  of  charges  Op-' 410< 
preferred  by  others  than  the  Secretary  of  the  Navy. 

Commissioned  officers. — " Commissioned  officers"  here  in-  Art.  39;  10  A. 
elude  volunteer  naval  officers  appointed  under  the  act  j^fe  ^Q{  act 
cited. 

(a]  Noncombatants  qualified  to  serve  on  courts-martial. —    («)  winthrop's 
Chaplains,  surgeons,  paymasters,  and  other  noncombat-  JJgg  Law- vol<  !> 
ant  officers,  being  commissioned  officers  with  fixed  rank, 
are  qualified  to  act  as  members  of  a  court-martial. 

(6)  Irregularity  of  court-martial. — A  sentence  of  dismissal,  (fr)7A.  G.op., 
imposed  by  an  irregular  court-martial,  when  appro ved 
and  carried  into  effect,  is  a  consummated  fact,  whether 
legal  or  not,  and  the  officer  convicted  can  only  be  restored 
to  the  service  by  appointment.  Even  if  the  court  had 
no  authority  to  exclude  him  under  the  circumstances,  the 
irregularity  could  not  be  taken  advantage  of  after  its 
action  is  approved. 

(c)  False  imprisonment,  action  for. — When  the  court-martial  HJJJ  Dyne8  v- 
having  jurisdiction  over  fthe  subject-matter  finds  a  sea-  65?83er'2°    '**' 
man  charged  with  desertion  guilty  of  attempting  to  de- 
sert, an  action  of  trespass  for  false  imprisonment  will  not 

lie  against  the  ministerial  officer  who  executes  its  sen- 
tence. It  is  only  where  the  court  has  no  jurisdiction  of 
the  subject-matter,  or,  having  jurisdiction,  violates  some 
rules  adopted  by  law  for  its  proceedings,  whereby  they 
are  rendered  cor  am  non  judice,  that  such  an  action  will 
lie. 

(d)  Depositions  objectionable. — Naval  courts-martial  are  not    (A)  2  A.  G.  op., 
empowered  to  dispense  with  the  attendance  of  witnesses 343- 

and  receive  depositions  if  the  officer  who  preferred  the 

charges  objects. 
Corrupting  a  marine  guard. — The  offense  of  corrupting  a    Art.5;ioA.G. 

marine  guard  by  bribery  may  be  punished  by  imprison-  i^'so158' 

rnent  in  the  penitentiary  of  the  District  of  Columbia,  at 

hard  labor,  for  a  term  of  years,  that  punishment  not 

being  against  the  usages  of  the  service. 
Courts-martial. — Civil  engineers  in  the  Navy  are  subject  to    15  A.  G.  op., 

the  jurisdiction  of  naval  courts-martial.  165- 

(a)  Secretary  may  reconvene. — The  Secretary  of  the  Navy, 

after  a  naval  court  martial  has  returned  its  proceedings  s.,i67 

to  him  and  he  has  adjourned  it  until  further  orders,  may 

reconvene  it  to  consider  its  proceedings. 
Damages  for  personal  ill  usage  to  captured  crew. — A  prize  LAeit- 

court  may  award  damages  for  personal  ill  usage  when  315.  y 

captors  willfully  injure  a  captured  crew. 
Desertion,  relief  from. — Provision  was  made  by  the  statute  L.^442,  cL 

cited  for  the  relief  of  certain  appointed  or  enlisted  men  of 

the  Navy  and  Marine  Corps,  who  served  in  the  late  war, 

from  the  charge  of  desertion. 
Discretionary  power. — "Whenever  a  statute  gives  a  discre-  T  •*•**•  ?*! 

, .  J  L  j  i       i  •  J.,  in  Martin  v. 

tionary  power  to  any  person  to  be  exercised  by  him  upon  Mott,  12  Wheat, 
his  own  opinion  of  certain  facts,  it  is  a  sound  rule  of  con- 31- 
struction  that  the  statute  constitutes  him  the  sole  and 
exclusive  judge  of  the  existence  of  those  facts." 
(a)  Obedience  to  duty. — "  Every  public  officer  is  presumed  to    <«)  id. 
act  in  obedience  to  his  duty,  until  the  contrary  is  shown." 


460      LAWS   RELATING   TO   THE   NAVY,  MARINE    CORPS,  ETC. 


23(6i8obct2f  stat' 
L.',  45,'  art,  \\ 

?  HowD898 


>  (6032 
IT,  1862, 


Oofihr4i$€B&Sk 

1  cis'.  R.,  5oi;' 


g. 
ging;  17  stat.  L., 

261,  •word  "cor- 
poral" stricken 
from  art.  45. 


Punishment  of  refractory  seamen.  —  The  statute  cited  pro  - 
vides  that  a  refractory  seaman,  if  a  private,  may  "be  put 
*n  irons?  or  fl°gge(l,  at  the  discretion  of  the  captain,  not 
exceeding  twelve  lashes;  but  if  the  offense  requires 
severer  punishment,  he  shall  be  tried  by  a  court-martial, 
and  suffer  such  punishment  as  said  court  shall  inflict." 
Every  successive  disobedience  of  orders  was  a  new  offense, 
subjecting  the  offender  to  twelve  additional  lashes,  at  the 
discretion  of  the  commanding  officer;  his  judgment  was 
conclusive  as  to  whether  or  not  the  offense  required  a 
severer  punishment  ;  and  he  could  not  only  cause  corporal 
punishment  to  be  inflicted,  but  might  resort  to  any  rea- 
sonable measures  necessary  to  insure  obedience,  and  even 
imprison  the  refractory  party  on  shore,  if  he  did  so  with- 
out any  malice. 

Flogging.  —  The  later  statute  cited  says  that  "in  no  case 
shall  punishment  by  flogging  be  inflicted,  nor  shall  any 
court-martial  adjudge  punishment  by  flogging." 

abolishing  not  penal.  —  In  the  case  cited  it  was  held 
that  the  act  of  1850,  abolishing  flogging  in  the  Navy  and 
in  vessels  of  commerce,  was  not  a  penal  statute  on  which 
an  indictment  could  be  founded. 


wikes,  12  HOW. 

'ee  Mont° 
rv,  18  HOW., 

th°e  r  uieWibaTd 

m°an"  wiiS's 
followed.  ' 


Rev    stat,  8s 

1420;  21  stataLd 
P.  3,  ch.  5. 


16 


AG 


5786  A'  G'  Op  ' 


(^)  ^etaininff  a  marine  after  expiration  of  enlistment.  —  Under 
the  act  of  March  2,  1837,  authorizing  the  commander  of 
a  squadron  to  detain  a  marine,  if  in  his  opinion  public 
interest  required  it,  after  the  term  of  his  enlistment  had 
expired,  the  commander's  opinion  on  the  question  of  pub- 
lic  illterest  was  conclusive,  and  if  the  marine  did  not 
conform  thereto,  he  was  subject  to  punishment.  The 
commander  was  also  the  judge  of  the  degree  of  severity 
of  punishment  necessary  to  suppress  disobedience  and 
insubordination,  and  he  was  not  liable  to  an  action  for 
mere  error  in  judgment,  even  though  the  jury  were  of  the 
opinion  that  milder  measures  would  have  accomplished 
the  object.  But  he  was  bound  to  exercise  his  best  judg- 
ment and  to  act  conscientiously  and  without  malice. 

(e)  E*M*ti*ff  deserters,  minor  s,  etc.  —  The  statute  cited  amends 
sections  1418,  1419,  and  1420  of  the  Eevised  Statutes  by 
striking  out  the  word  "fifteen"  and  substituting  the  word 
"fourteen."    The  original  statute  limiting  the  age  to  "  six- 
teen" was  amended  by  act  of  May  12,  1879,  cited,  to  "fif- 
teen," and  then  as  above.    Both  statutes  cited  adds  the 
words  "punished  as  a  court-martial  may  direct." 

(f)  Jurisdiction  of  courts-martial.  —  This  does  not  confer 
upon  a  court-martial  general  criminal  jurisdiction,  but 
only  jurisdiction  over  those  offenses  not  specified  in  the 
preceding  articles,  which  are  injurious  to  the  order  and 
discipline  of  the  Navy. 

Under  this  article  a  naval  general  court-martial  can 
take  jurisdiction  of  an  assault  committed  on  board  a  naval 
vessel  when  she  was  under  way  in  the  Thames  Eiver, 
opposite  New  London,  Conn.,  by  a  coal  heaver  in  the 
naval  service  upon  a  second-class  fireman  in  such  serv- 
ice, from  the  effect  of  which  the  latter  died,  and  try  the 
accused  upon  a  charge  of  manslaughter. 


FEDERAL  COURT  DECISIONS OPINIONS  ATTORNEY-GENERALS.       461 

(g)  Loss  of  pay  by  reason  of  confinement  or  suspension. —    to)  Art.  33?  15 
Officers  and  men  in  the  naval  service  do  not  incur  any  A<  G' Op ' 175< 
forfeiture  or  loss  of  pay  by  confinement  or  suspension 
from  duty  under  sentence  of  a  court-martial  unless  it  is 
so  specified  in  the  sentence. 

(h)  Remission  of  part  of  sentence. — A  part  of  such  sentence    w  id. 
may  be  remitted  in  whole  or  in  part  by  the  proper  officer. 

(*')  Officers,  meaning  of. — "Officers"  in  the  article  cited    (*)  Art.se.  (See 
means,  at  most,  warrant  and  commissioned  officers.          statStes,n  pY*4i6i 

note  on  s.  1413); 
15  A.  G.  Op.,  634. 

(j)  Petty  officers. — Petty  officers  are  included  in  article  30-    (ft  Art.  so. 

(A;)  Acting  gunners. — Articles  36  and  37  do  not  apply  to  act-    WISA.G.OP., 
ing  gunners,  who  are  not  officers  and  are  liable  to  dismissal  6 
at  the  will  of  the  Secretary  of  the  Navy. 

(1)  Cadets  at  Naval  Academy. — The  article  cited  does  not    (j)  Ar*-  36;  15 
extend  to  cadets  at  the  Naval  Academy,  who  may  be  dis- 
missed from  the  Academy  and  the  service  without  trial 
by  court-martial. 

(m)  Power  of the  President  to  dismiss  prior  to  passage  of  arti-    (m)  ie  A.  G. 
cle  36. — Prior  to  its  passage  the  President  might  dismiss  Op'' 315' 
an  officer  of  the  Navy  upon  any  cause  which  seemed  suf- 
ficient to  him. 

(n)  Engineer  cadet. — A  naval  cadet  engineer  is  an  officer   .(»)  u.  s.  v.  Per- 
within  this  section.  SsfisA. cbbfc 

165. 

(o)  Oath  administered  to  court  and  judge-advocate. — Where,  A^"o?'  fJi  13 
at  the  organization  of  a  naval  court-martial,  each  member 
of  the  court  was  first  sworn  by  the  judge- advocate,  who 
was  then  sworn  by  the  president  of  the  court,  the  fact 
that  the  oath  was  not  administered  as  required  by  this 
article  was  held  not  to  invalidate  the  proceedings. 

(p)  Pay  of  an  officer  dismissed  and  restored.— A  naval  officer  JT<JJ)  ^\^  *£* 
dismissed  from  the  service  and  restored  to  the  same  under  so??  2.'  is  stat! 
the  article  cited  is  not  to  be  allowed  more  than  pay  as  on  J^  ^  8Ai9  c" 
leave  for  six  months  from  the  date  of  dismissal,  unless  he  cis.  R.,623  -'Hunt 
continues  to  demand,  as  often  as  once  in  six  months,  a  39^' s>>  116  u* s" 
trial  as  here  provided.    This  authorizes  payment  only 
from  the  time  a  promoted  officer  takes  rank  in  the  higher 
grade. 

(q)  Demanding  trial. — The  demand  of  a  trial  as  often  as  once    (?)  is  A.   G. 
in  six  months  is  not  excused  by  illness.  Op>' 569> 

(r)  Petty  officers  included  in  article  cited.  A<g  ^  ^  is 

(s)  Summary  courts-martial. — The  act  cited,  which  estab-M  Anc^  ^a£2' 

i  •     i         i  •      -i       •  ,  i  -*V  i  •  i  i-oOD  j  lU-A.,ljr.v/p., 

lished   summary  courts-martial  in   the  Navy,   did  noties. 
take  away  the  previously  existing  power  of  the  com- 
mander of  a  vessel  to  reduce  seamen  to  inferior  rate  for 
incompetency. 

(t)  Reconsideration  of  judgment  of  a  court-martial. — If  the    (0  Art.  53 ;  4  A. 
approval  of  the  President  is  required  to  the  sentence  of  a  G' Op>' 19 
court-martial  before  it  can  be  carried  into  effect,  he  may 
direct  a  reconsideration  of  the  judgment  rendered. 

(u)  Acting  master's  mates,  sentence  affecting. — An  acting  mas-    (u)  A.  G.  op., 
ter's  mate  is  neither  a  commissioned  nor  a  warrant  officer 251> 
under  this  article,  and  a  sentence  dismissing  him  from 
the  service  may  be  lawfully  carried  into  execution  with- 
out the  approval  of  the  President  or  the  Secretary  of 


462   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

the  Navy.  If  the  latter  approve  it,  the  President  has  no 
power  after  it  has  been  carried  into  execution  to  set 
aside  the  Secretary's  order  and  restore  the  party  to  the 
service. 

<r>  A-  G-  °P-'  (v)  Approval  of  sentence  by  the  Secretary  under  act  of  1852.  — 
Under  the  article  of  war  in  force  in  1852  the  Secretary 
of  the  Navy  has  power  to  approve  the  sentence  of  a 
court-martial  convened  by  his  orders  if  such  sentence  did 
not  extend  to  the  loss  of  life  or  to  the  dismissal  of  a 
commissioned  or  warrant  officer. 

les^E^'^teW  Regulations  established  by  the  Secretary  have  force  of 
Re«],  100  pTT.rs!  law.  —  The  regulations  established  by  the  Secretary  of  the 
^avy>  with  the  President's  approval,  have  the  force  of 
law,  and  the  regularly  appointed  clerk  of  a  paymaster 
in  the  Navy  is  a  person  in  the  naval  service  and  subject 
to  this  section. 

(x)  Art,  50;  A.  (x)  Revise  sentence.  —  If  a  general  court-martial,  on  being  or- 
dered to  reassemble  by  the  Secretary  of  War  for  the  pur- 
pose of  revising  its  sentence,  is  not  attended  by  all  its 
members,  its  jurisdiction  to  revise  such  sentence  exists. 

4787eV4788at<479o  'Artificial  limbs.  —  The  amendment  cited  having  provided 

amended  by  act     that  soldiers  and  seamen  wounded  in  the  rebellion,  who 

JJf'e.NS?  *aj»     had  been  entitled  to  receive  artificial  limbs  every  five 

Miner,  May  4,'     years,  shall  now  receive  the  same  every  three  years,  and 

a  question  having  arisen  as  to  whether  sections  4788  and 

4790,  cited,  providing  for  a  money  commutation  in  place 

of  said  limb  stood  in  the  same  relation  to  the  amended 

section,  4787,  as  to  the  original  section  and  whether  now 

such  money  commutation  can  be  had  every  three  years, 

it  is  decided  that  it  can  be  had. 

i?(  i87oA<2o  AU<^  (a)   Period  from  which  the  three  years  run.  —  The  word 
op.,  83.;  "  thereafter,"  now  appearing  in  section  4787,  cited,  refers 

not  to  July  17,  1870,  but  to  the  time  when  the  artificial 
limb  shall  have  been  furnished  after  that  date;  conse- 
quently the  periods  of  three  years  run  from  the  time 
when  such  limb  was  furnished,  and  not  from  July  17, 
1870. 

i8&jctstaYaL  2«3>  Assistant  Secretary  of  the  Navy.  —  The  statute  cited  repeals 
p.  25^.  the  provision  of  August  5,  1882,  authorizing  the  appoint- 

ment of  an  Assistant  Secretary  of  the  Navy.  A  new  act 
of  July  11,  1890,  chapter  667,  page  254,  authorizes  the 
President,  with  the  advice  and  consent  of  the  Senate,  to 
appoint  from  civil  life  an  Assistant  Secretary  of  the  Navy, 
at  a  salary  of  $4,500. 

^ances  covere^  ^o  *^e  Treasury,  —  The  statute  cited  pro- 
vides that  all  balances  of  moneys  appropriated  for  the 
pay  of  the  Navy  or  pay  of  the  Marine  Corps  for  any  year 
existing  after  the  accounts  for  said  year  shall  have  been 
settled  shall  be  covered  into  the  Treasury. 
21  A.  G.  op.  ,  Bids,  withdrawal  of.  —  After  a  bid  for  the  construction  of 
,  'i895.ey'(Thi8     public  works  has  been  accepted  the  bidders  have  not 
conflict  wSthn2o     ^nc  r^nt  t°  withdraw  their  proposal  merely  because  of  a 
op.,  lci,  Wdistin-     mistake  on  their  part  which  was  not  mutual  and  which 
was  clue  to  tnejr  negligence. 


29i2293a478L''  pp'  Board>  Naval  Advisory,  authorization  for. 


FEDERAL  COURT  DECISIONS  -  OPINIONS  ATTORNEY-GENERALS.       463 
Bond  of  disbursing  officer.  —  The  Secretary  of  the  Navy  has10£ev-  ?tat.,  s. 

-  looo  ; 


T  »T  »  •  •I-IA  /^t  «      looo  ;  ly  .A^.ljr.Op., 

power  under  the  section  cited  to  approve  a  pay  officer's  175,  Aug.  2,  ms, 
bond  in  which  the  sureties  are  corporations,  or  a  corpora-  i^'^*1^8'  act' 
tion  joined  with  a  natural  person,  if  he  deems  such  sure- 
ties sufficient. 

Books  and  records  of  bureaus,  custody  of.  —  A  part  of  section  42^e^t  U*-  3J- 
8  of  the  cited  act  was  omitted  from  the  revision  as  con-is^^icoml'D.', 
ferring  powers  exhausted  by  their  first  exercise. 

Boys,  enlisting  same,  age  limit,  etc.     In  the  section  cited,  14J|ev{  com''D8' 
and  in  sections  1419,  1420   (21  Stat.  L.,  chapter  5),  as  695.  ' 
amended  by  21  Stat.  L.,  331,  chapter  73,  changes  "  six- 
teen" to  u  fourteen." 

(a)  Marine  Corps,  part  of  the  Navy.  —  Marine  Corps  is  a  part 
of  the  Navy,  not  of  the  Army,  and  that  minors  overu.  s 
eighteen  years  may  be  enlisted  therein  without  the  con-  Yi 
sent  of  parents  or  guardians  was  upheld  by  the  ' 

J 


ard,89;Ee  Hayes, 

COlirtS.  15Eep.,259;  Ee 

McNulty,  2  Low- 
ell,  270  ;  U.  S.  v. 
Stewart,  Crabbe, 
265;  Ee  Gregg, 
;  Re 


15  Wis.,  479; 
,  3  M 
;Ee  Webb' 


Shugru,  3  Mack- 
ey,  323  ;Ee  Webb' 
24  Howard,  Pr" 
(KT.),  3247;  R° 
•  Collins,25id.,157* 

(b)  Parents'  consent.  —  The  parents'  consent  might  be  given    i&)  Act  of  Jan- 
after  enlistment. 


(c)  Allowed  a  ration.  —  Boys  attached  to  any  United  States  tofe  stat.  L'., 
vessel  or  station  and  doing  duty  thereon  shall  be  allowed  ijy..80*  Jan>  30' 
a  ration,  or  commutation  thereof  in  money,  etc. 

Buildings  rented.  —  The  statute  cited  requires  heads  of  Depart-    22  st-.  552- 
ments  to  submit  to  Congress  each  year  a  statement  of 
the  number  of  buildings  rented  by  their  respective  depart- 
ments, the  purposes  for  which  rented,  and  the  annual 
rental  of  each. 

Bureau  officers,  assistant  chief.  —  A  naval  officer  assigned  to  17f\^9  .SJ§*£  g- 
duty  as  an  assistant  to  the  chief  of  a  bureau  in  the  Navy  op.',  503',  Miiieri 
Department  is  not  authorized  by  the  first  section,  cited,  in  Mar-  5)  189°- 
case  of  the  death,  resignation,  absence,  or  sickness  of  the 
latter  (where  the  President  has  not  otherwise  directed, 
as  provided  by  section  179,  cited),  to  perform  the  duties 
of  such  chief  until  his  successor  is  appointed  or  until  his 
sickness  or  absence  shall  cease. 

The  phrase  "  assistant  or  deputy  of  such  chief,"  etc., 
in  section  178,  is  to  be  construed  as  including  an  assist- 
ant or  deputy  only  whose  appointment  is  specifically  pro- 
vided for  by  statute. 

Cadets,  age  of,  maximum  and  minimum.  —  That  after  the    supplement, 
fourth  day  of  March,  eighteen  hundred  and  eighty-nine,  stats,  i,'  m'.)  (2 
the  minimum  age  of  admission  of  cadets  to  the  Academy 
shall  be  fifteen  years  and  the  maximum  age  twenty  years. 
(March  3,  1889.) 

Cadets,  at  the  Naval  Academy  have  neither  warrants  nor  14^e^5  stat-'  8- 
commissions,  and  are  not  "officers"  in  the  usual  Federal  501^5  ;Gramb?8 
legislative  sense,  as,  for  example,  as  it  is  employed  in  sec-  pvas^023  Ct  Cls- 
tion  1410,  Eevised  Statutes. 


464   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

(a)  23  stat,,  L.,  (#)  Entitled  to  a  ration,  etc.  —  Naval  cadets  attached  to  any 

United  States  vessel  or  station  and  doing  duty  thereon 

shall  be  allowed  a  ration  or  commntation  thereof,  etc. 

22  stat.L.,  285;  Cadet  engineers.  —  The  cadet  engineers  in  the  Navy  (gradn- 

S*  Mif  is'!8?!     ates  of  the  class  of  1881  and  1882),  who  were  discharged 

Sfc333i«5rland'     un(ler  a  misconstruction  of  the  act  of  August  5,  1882, 

chapter  391,  not  having  been  legally  removed,  are  still 

the  lawful  incumbents  of  their  respective  offices,  and 

should  be  recognized  as  in  the  immediate  line  of  promo- 

tion, in  their  proper  order,  to  nil  the  vacancies  that  may 

occur  in  the  office  of  assistant  engineers. 

(a)  Leopold  v.  (a)  Not  retroactive.—  The  court  held  in  the  case  cited  that 
u^s.,i8i  si8.R.,     £ne  S£a£u^e  cited  "is  prospective  and  not  retroactive/' 

(6)  Rev.  stat.,  (b)  Appointed  annually.  —  The  act  of  June  22,  1874,  repeals  so 

L.jS?/  act  fine     mich  of  this  provision  as  provides  that  cadet  engineers, 

22,'  mi,  ch.392.       not  to  exceed  fifty  in  number,  shall  be  appointed  by  the 

Secretary  of  the  Navy,  and  provides,  repealinginconsistent 

acts,  that  u  cadet  engineers  shall  hereafter  be  appointed 

annually  by  the  Secretary  of  the  Navy,  and  the  number 

appointed  each  year  shall  not  exceed  twenty-  five." 

(c)  Rev.  stat.,  (c)  Length  of  course.  —  The  section  of  the  Revised  Statutes 

L.fnfac^reb^l,'     cited  reads  :  uThe  course  of  the  cadet  engineers  shall  be 

1874,  ch.  35,  s.  2.  '     four  years,  including  two  years  of  service  on  naval  steam- 

ers."   The  act  of  February  24,  1874,  cited,  enlarges  the 

course  of  instruction.    It  requires  that  the  course  shall 

be  four  years  instead  of  two. 

286dch239i^tRed1  (fy  ^ere  not  maae  naval  cadets.  —  Cadet  engineers  who  fin- 

gra'vev.  u.'  s.^o     ished  their  four  years'  course,  passed  their  examination, 

Leopold  ?"tr22|;     anc^  1>eceived  their  diplomas  before  the  statute  of  1882, 

is,  id.,  546.'  chapter  391,  was  enacted,  were  not  made  naval  cadets  by 

that  act,  and  were  entitled  to  the  pay  provided  by  this 

section. 


men'  Cadet  midshipmen,  number  of.—  The  last  statute  cited  strikes 
20  stat.  L.,  p.  143^  out  "  annually  "  in  last  line  and  adds  the  provision  u  that 
there  shall  not  be  at  any  time  more  in  said  Academy 
appointed  at  large  than  ten  ;  but  the  provisions  of  th?.s 
section  shall  not  be  construed  to  apply  to  cadet  midship- 
men appointed  at  large  now  in  said  Academy." 

s  (ife|teM%&  (a)  Change  of  title  of.—  The  act  of  August  5,  1882,  the  latter 
L.,  285.'  citation  under  "a,"  changes  the  title  of  cadets  from 

"  cadet  midshipmen"  to  "  naval  cadets." 

•F  1  L"  (&)  P*y  of.—  By  statute  of  March  3,  1877,  chapter  111,  cadet 
midshipmen,  when,  during  their  course  of  instruction, 
they  are  at  sea  in  other  than  practice  ships,  each  receive 
as  annual  pay  not  exceeding  $950. 

i8»7i«8sut."L*;  CnaPlains>  relative  rank  of,  as  fixed  by  act  of  March  3,  1871, 
536;  'i  com.  D!',  chapter  117,  but  which  accounts  for  only  18  in  number, 

does  not  necessarily  fix  the  limit  at  that.    This  does  not 

seem  to  be  the  intention  of  the  act. 

42?  actSjuiy  5,'  Cniefe  of  bureaus.—  The  cited  statutes  are  treated  in  the  case 
1862  ;  act  Mar.  s^  ci  ted  so  that  the  Presiden  t  may  make  a  given  appointment 
whitney^ne  u!  either  from  the  class  indicated  by  the  act  of  1862  or  from 
23517seeactj'ui''  ^^  indicated  by  the  act  of  1871,  as  he  judges  best. 

18,1814. 


FEDERAL  COURT  DECISIONS — OPINIONS  ATTORNEY-GENERALS.      465 

(a)  Tenure  of  office  as  such. — The  chief  of  a  bureau  in  the  («)  Rev.  stat.,  s. 
Navy  Department  can  not  lawfully  hold  over  after  the  648,;Bre4'8te'r?fe 
expiration  of  the  term  for  which  he  was  appointed.  s. '«.  Eckfordx 

The  general  rule  is  that  where  Congress  has  not  author-  low.?  250)°r8seJ 
ized  the  officer  to  hold  over  his  incumbency  must  be  jgj°  *4  °P-«  262« 
deemed  to  cease  at  the  end  of  his  term,  though  no  ap- 
pointment of  a  successor  may  then  be  made. 

(b)  To  Jill  vacancy. — The  term  of  office  of  the  chief  of  a    <&)  w  A.  G. 
bureau  appointed  to  fill  a  vacancy,  whose  commission  was  °PM  657> 
limited  to  the  end  of  the  next  session  of  the  Senate,  and 

who  at  the  next  session  (extra)  was  nominated  by  the 
President  for  the  term  of  four  years  and  was  confirmed  at 
the  ensuing  session  of  the  Senate,  begins  with  his  con- 
firmation, notwithstanding  language  to  the  contrary  in 
the  nomination  and  confirmation. 

Chief  engineers,  grades,  promotions. — The  relative  rank  among    Rev.  stat.,  as. 
the  chief  engineers  changes  with  their  seniority  in  that  UTS!  u$  lSo\ 
grade,  but  such  change  may  be  indicated  by  a  notification  jJmerG'Sar  3i8 
from  the  Secretary  of  the  Navy.    No  examination  or  ap-  i892.er' 
pointment  or  confirmation  by  the  Secretary  is  necessary. 
Chinese, — The  laws  now  in  force  in  regard  to  Chinese  immi- 
gration are  as  follows : 

E.  S.,  §§  2158-2163,  prohibit  the  "cooly"  trade  by  citi-  reSewt°0f ^JJ 
zens  of  the  United  States  or  in  vessels  of  the  United  neaVTmnUgra- 
States,  but  citizens  and  vessels  are  permitted  to  engage tion- 
in  the  voluntary  emigration  of  Chinese. 

By  1875,  March  3,  ch.  141  (1  Supp.  E.  S.,  86),  the  im-    certain  acta 
portation  of  Chinese  and  others  for  immoral  purposes8*1 
was  forbidden,  the  punishment   for  engaging    in  the 
"cooly"  trade  was  made  more  severe,  contracts  for  ser- 
vice in  the  United  States  were  declared  void,  and  the 
importation  of  women  for  prostitution  was  made  a  crime. 
These  provisions  of  law  do  not  appear  to  have  been 
repealed  or  superseded   by  subsequent  legislation  in 
regard  to  Chinese  immigration. 

The  act  of  1882,  March  6,  ch.  126  (1  Supp.  E.  S.,  342),  ceSefinc^tfiec8at^sn 
suspended  the  coming  of  Chinese  laborers  for  ten  years,  ports,  etc!8'1 
and  provided  in  accordance  with  the  stipulations  of  the 
treaty  of  1880,  November  17  (22  Stat.  L.,  826),  for  the 
issuance  of  identification  certificates  to  enable  laborers 
already  in  the  United  States  to  go  and  return  and  for 
passports  to  other  Chinese,  not  laborers,  desiring  to  visit 
the  United  States. 

The  provisions  of  the  act  of  1882  were  made  more  defi-  ?T?882M  °f 
nite  and  strict  by  the  act  of  1884,  July  2,  ch.  220  (1  Supp. 
E.  S.,  458).  This  includes  a  number  of  important  amend- 
ments. The  act  of  1882,  as  amended  by  the  act  of  1884, 
is  printed  in  112  U.  S.,  543,  and  118  U.  S.,  627,  where  it 
appears  as  an  appendix  to  the  opinions  of  the  Supreme 
Court. 

The  next  legislation  as  to  Chinese  immigration  was  the    Act  of  1888- 
act  of  1888,  Sept.  13,  ch.  1015  (25  Stat.  L.,  476).    Its  first 
section  provided  that  from  the  date  of  the  exchange  of 
the  ratifications  of  the  pending  treaty  between  the  United 
States  and  China,  signed  on  March  12, 1888,  it  should  be 

376 30 


466   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


/    Special    provi- 
sion. 


Decisions. 


Decisions     re- 
lating  to  Chinese 
immigration. 
»   Prior  to  1888. 

Supreme  Court. 

Reentry. 


Chinese  enti- 
tled to  protec- 
tion. 


'  Effect  of  losing 
certificate  or 
identity. 


"    Other  Federal 
courts. 


Certificates  is- 
sued by  Chinese 
Government. 


unlawful  for  any  Chinese  person  to  enter  the  United 
States  "  except  as  hereinafter  provided."  The  fifteenth 
section  of  the  act  repealed  the  acts  of  1882  and  1884,  the 
repeal  "to  take  effect  upon  the  ratification  of  the  pending 
treaty  as  provided  in  section  one  of  this  act.'7  Before 
the  ratifications  of  this  treaty  were  exchanged  the  act  of 
1888,  Oct.  1,  ch.  1064  (1  Supp.  E.  S.,  625),  was  passed, 
making  void  the  certificates  of  identity  already  issued 
under  the  acts  of  1882  and  1884.  The  ratifications  of 
the  treaty  were  never  thereafter  exchanged. 

The  act  of  1888,  Sept.  13,  ch.  1015,  was  omitted  from  1 
Supp.  E.  S.,  but  is  inserted  in  second  edition,  p.  141.  See 
note  there,  showing  the  various  opinions  upon  the  ques- 
tion whether  any  part  of  the  act  of  1888,  Sept.  13,  ch. 
1015,  went  into  effect. 

A  special  provision  for  the  admission  of  Chinese  persons 
in  connection  with  the  World's  Columbian  Exposition 
was  made  in  joint  resolution  of  1892,  August  5,  No.  33 
(27  Stat.  L.,  402). 

Numerous  decisions  have  been  made  by  the  Federal 
courts  upon  the  Chinese  immigration  acts.  These  deci- 
sions, so  far  as  reported  in  the  United  States  Eeports 
and  the  Federal  Eeporter,  are  as  follows : 

Cheic  Heong  v.  United  States,  112  U.  S.,  536.  Section  4 
of  the  act  of  1882,  May  6,  as  amended  by  1884,  July  5, 
requiring  a  certificate  of  identification  of  a  Chinese  laborer 
as  the  "  only  evidence  permissible  to  establish  his  right  of 
reentry,"  does  not  apply  to  those  residing  here  at  the  date 
of  the  treaty  of  Nov.'  17,  1880,  who  left  before  May  6, 
1882,  and  remained  until  after  July  5, 1884. 

Yick  Wo  v.  Hopkins,  118  U.  S.,  356.  A  municipal  ordi- 
nance is  unconstitutional  if  it  makes  arbitrary  discrimi- 
nations founded  on  differences  of  race.  Chinese  subjects 
residing  in  the  United  States  are  entitled  to  the  protec- 
tion of  the  Constitution  and  laws.  This  case  explains 
Barbier  v.  Connolly ,  113  U.  S.,  27,  and  Soon  Hing  v.  Croic- 
ley,  113  U.  S.,  703,  which  held  other  municipal  regulations 
to  be  valid.  ( See  also  In  re  Quang  Woo,  13  Fed.  Eep.,  229. ) 

United  States  v.  Jung  Ah  Lung,  124  U.  S.,  621.  A  Chi- 
nese laborer,  who  had  received  a  certificate  of  identity 
under  the  act  of  May  6, 1882,  left  the  country,  Oct.  24, 1882. 
He  lost  the  certificate,  and  on  arriving  in  Sept.,  1885, 
was  detained  in  port  by  direction  of  the  customs  authori- 
ties. On  a  writ  of  habeas  corpus,  his  identity  was  estab- 
lished and  he  was  discharged  from  custody  by  the  district 
court.  The  Supreme  Court  held  that  his  case  was  to  be 
governed  by  the  act  of  1882,  and  not  by  the  act  of  1884. 
The  judgment  of  the  circuit  court,  affirming  the  district 
court  (25  Fed.  Eep.,  141),  was  affirmed. 

In  re  Ah  Sing,  13  Fed.  Eep.,  286;  In  re  Ah  Tie,  13  Fed. 
Eep.,  291  (Cir.  C.,  Cal.).  A  Chinese  laborer  employed  on 
an  American  vessel,  even  if  during  a  voyage  temporarily 
off  the  vessel  in  a  foreign  port,  is  not  excluded  by  the 
act  of  1882.  (14  Fed.  Eep.,  44.) 

In  re  Low  Yam  Choic,  13  Fed.  Eep.,  605  (Cir.  C.,  Cal.). 
The  certificate  to  be  issued  by  the  Chinese  Government, 


FEDERAL  COURT  DECISIONS — OPINIONS  ATTORNEY-GENERALS.       467 

required  by  the  act  of  1892,  does  not  apply  to  Chinese 
merchants  resident  in  other  countries  than  China. 

In  re  George  Moncan,  14  Fed.  Rep.,  44  (Cir.  C.,  Greg.).  Chinese  sailors. 
This  case  holds  that  a  sailor  is  not  a  laborer  within  the 
meaning  of  §  1,  act  of  May  6, 1882;  that  the  act  does  not 
apply  to  Chinese  sailors  on  a  vessel  touching  at  a  port  in 
the  United  States  when  she  calls  for  orders  or  for  cargo 
for  foreign  port,  but  their  presence  in  the  country  is  un- 
lawful if  they  leave  the  vessel  in  port  or  do  not  depart 
with  her;  and  that  a  Chinese  person  on  an  American 
vessel  prior  to  May  6,  1882,  was  then  within  the  United 
States.  (13  Fed.  Sep.,  286,  291;  36  Fed.  Rep.,  440,  441.) 

In  re  Ho  King,  14  Fed.  Rep.,  724  (Dist.  0.,  Oreg.).    A    Chinese  actor 
Chinese  actor  or  theatrical  performer  is  not  a  laborer. not  a  laborer- 
The  certificate  provided  in  §  6  of  the  act  of  1882  is  not 
the  only  competent  evidence  that  a  Chinese  person  is  not 
a  laborer. 

United  States  v.  Douglas,  17  Fed.  Rep.,  634  (Cir.  C.,  r^nnese  ™mi- 
Mass.).    The  act  of  1882  does  not  include,  under  the  ^Decisions  of 
term  Chinese  laborers,  Chinese  subjects  of  Great  Britain. Federal  courts- 
(See  contra,  18  Fed.  Rep.,  28.) 

In  re  Ah  Lung,  18  Fed.  Rep.,  28  (Cir.  C.,  Cal.).    A  Chi-  8Ucb%fBritish 
nese  laborer,  a  subject  of  Great  Britain,  is  excluded  under 8U  Jec 
the  act  of  1882.     (See  contra,  17  Fed.  Rep.,  634.) 

In  re  Chin  A  On,  18  Fed.  Rep.,  506  (Dist.  C.,  Cal.).    A    when  not  ex- 
Chinese  laborer  who  resided  in  the  United  States  on  Nov. 
17, 1880,  but  went  to  China  prior  to  May  6,  1882,  is  not 
excluded  by  the  act  of  that  date.     (See  112  U.  S.}  536 ;  19 
Fed.  Rep.,  184,  490.) 

In  re  Pong  Ah  Ghee,  18  Fed.  Rep.,  527  (Dist.  C.,  Cal.). 
A  Chinese  laborer  who  left  the  United  States  after  May  6, 
1882,  without  procuring  a  certificate,  is  excluded.  (19 
Fed.  Rep.,  490;  21  Fed.  Rep.,  386;  23  Fed.  Rep.,  441.) 

In  re  Tung  Yeong,  19  Fed.  Rep.,  184  (Dist.  C.,  Oal^- 
Chinese  laborers  in  the  United  States  at  the  date  of  the  proper  proof. 
treaty  of  1880,  who  departed  before  the  act  of  May  6, 1882, 
may  land  without  a  certificate  on  proper  proof.     (See  112 
U.  S.,  536;  18  Fed.  Rep.,  506;  19  Fed.  Rep.,  490.) 

In  re  Leong  YicTc  Dew,  19  Fed.  Rep.,  490  (Cir.  C.,  Cal.). 
Chinese  laborers  who  left  the  country  after  May  6,  1882,  ficate  required  by 
can  not  be  readmitted  upon  any  other  evidence  of  prior  act 
residence,  excepting  the  certificate  required  by  the  act. 
(18  Fed.  Rep.,  52.)    Those  who  left  before  May  6,  1882, 
may  return  upon  proof  of  prior  residence  by  competent 
evidence.     (112  U.  S.,  536;  18  Fed.  Rep.,  506;  19  Fed. 
Rep.,  184.) 

In  re  Ah  Quan,  21  Fed.  Rep.,  182  (Cir.  C.,  Cal.).     Chi-  m^S^^ 
nese  laborers  in  the  United  States  on  Nov.  17, 1880,  may  described. 
return  on  satisfactory  evidence  of  prior  residence,  even 
under  the  amendment  of  1884  (112  U.  S.,  536).    The  cer- 
tificate admits  only  the  person  described.    (21  Fed.  Rep., 
785;  42  Fed.  Rep.,  398;  48  Fed.  Rep.,  668.) 

In  re  Shong  Toon,  21  Fed.  Rep.,  386  (Dist.  C.,  Cal.).    ^ho  may  re- 
Chinese  laborers  who  left  the  United  States  after  May60 
6,  1882,  and  before  July  5,  1884,  can  not  reenter  without 
certificate.    (18  Fed.  Rep.,  527 : 19  Fed.  Rep.,  490 ;  23  Fed, 


468       LAWS   RELATING   TO    THE   NAVY,  MARINE    CORPS,  ETC. 


A  Chinese 
taken  from  a  ves- 
sel on  habeas 
corpus. 


Tag   not  suffi- 
cient. 


Husband's  cer- 
tificate does  not 
admit  wife. 


Tag. 


Certificate  the 
only  permissible 
evidence. 


Can  not  be  ad- 
ritted  to  bail. 


Chinese  born 
in  U.  S.  not  ex- 
cluded. 


Chinese  sailors. 


Chinese    mer 
chants  returning 
from    temporary 
absence   not  ex- 
cluded. 


Excluded  fcr 
want  of  certifi- 
cate. 


Detention  of 
Chinese  person 
on  a  ship. 


In  re  Chin  Ah  Sooey,  21  Fed.  Eep.,  393  (Dist.  0.,  Cal.). 
A  Chinese  person  taken  from  a  vessel  on  habeas  corpus, 
and  found  to  be  unlawfully  within  the  United  States  after 
the  vessel  has  sailed  from  which  he  was  taken,  may  be 
ordered  to  be  removed  to  the  country  whence  he  came. 
(21  Fed.  Eep.,  701.) 

In  re  Ah  Kee,  21  Fed.  Eep.,  701  (Oir.  C.,  Cal.).  A  Chi- 
nese laborer  who  received  from  the  custom-house  officer 
a  tag  entitling  him  to  a  certificate,  but  not  the  certificate 
itself,  can  not  return.  (21  Fed.  Eep.,  789.)  If  the  vessel 
has  sailed  in  which  he  came,  he  can  be  removed  to  China, 
the  expense  to  be  charged  to  the  owners  of  the  steamer  in 
which  he  came.  (21  Fed.  Eep.,  393;  25  Fed.  Eep.,  97.) 

In  re  Ah  Hoy,  21  Fed.  Eep.,  785  (Cir.  C.,  Cal.).  The 
wife  of  a  Chinese  laborer  is  not  entitled  to  enter  the 
United  States  upon  her  husband's  certificate.  (21  Fed. 
Eep.,  182;  42  Fed.  Eep.,  398;  48  Fed.  Eep.,  668.) 

In  re  Kew  Ock,  21  Fed.  Eep.,  789  (Cir.  C.,  Cal.).  A 
Chinese  laborer,  who  received  a  tag  entitling  him  to  a 
certificate,  but  limited  in  time,  and  who  gave  up  the  tag 
after  its  limit,  but  received  no  certificate,  can  not  return. 
(21  Fed.  Eep.,  701.) 

In  re  Gheen  Heong,  21  Fed.  Eep.,  791  (Cir.  C.,  Cal.).  A 
Chinese  labourer  resided  in  the  United  States  on  Nov.  17, 
1880,  left  for  Honolulu  in  1881,  and  returned  in  Sept., 
1884,  to  the  United  States  without  a  certificate.  Held  by 
Field,  J.,  that  he  could  not  return  and  that  the  act  of 
1884  made  the  certificate  the  only  permissible  evidence. 
Sawyer,  Cir.  J.,  and  two  district  judges  who  sat  as  con- 
sulting judges,  dissented.  (112  U.  S.,  536.) 

In  re  Ah  Hoy,  21  Fed.  Eep.,  808  (Cir.  C.,  Cal.).  A  Chi- 
nese person,  after  hearing  on  habeas  corpus,  who  is  re- 
manded to  the  marshal  to  be  deported,  can  not  be  admitted 
to  bail,  the  vessel  having  departed.  Opinion  by  Field,  J. 
Sawyer,  Cir.  J.,  and  two  district  judges  who  sat  as  con- 
sulting judges,  dissented. 

In  re  Look  Tin  Sing,  21  Fed.  Eep.,  905  (Cir.  C.,  Cal.).  A 
Chinese  person  born  in  the  United  States  is  a  citizen  of 
the  United  States  and  is  not  excluded  by  law.  (35  Fed. 
Eep.,  354;  36  Fed.  Eep.,  437,  553;  49  Fed.  Eep.,  140.) 

In  re  Ah  Kee,  22  Fed.  Eep.,  519  (Dist.  C.,  S.  D.,  N.  Y.). 
The  exclusion  acts  do  not  apply  to  Chinese  sailors,  who 
land  temporarily  for  the  purpose  of  procuring  a  chance 
to  ship  in  another  vessel.  (14  Fed.  Eep.,  44.) 

In  re  Ah  Ping,  23  Fed.  Eep.,  329  (Cir.  C.,  Cal.).  §  6  of 
the  acts  of  1882  and  1884  does  not  apply  to  a  Chinese 
merchant  residing  in  the  United  States  returning  from 
a  temporary  absence,  which  began  before  the  passage  of 
the  act  of  1884.  (141  U.  S.,  47.) 

In  re  Tang  Ah  dice,  23  Fed.  Eep.,  441  (Dist.  C.,  Cal.). 
A  Chinese  laborer  who  left  the  United  States  after  May  6, 
1882,  and  took  no  certificate,  is  not  entitled  to  reenter. 
(18  Fed.  Eep.,  527;  19  Fed.  Eep.,  490;  21  Fed.  Eep.,  386.) 

In  re  Chow  Goo  Pooi,  25  Fed.  Eep.,  77  (Cir.  C.,  Cal.). 
A  Chinese  person  detained  on  a  ship  is  entitled  to  have 
his  detention  passed  upon  by  a  writ  of  habeas  corpus.  He 


FEDERAL  COURT  DECISIONS — OPINIONS  ATTORNEY-GENERALS.      469 

may  be  remanded  to  the  ship  if  he  has  no  right  to  laud, 
but  the  ship  can  not  be  detained  for  the  purpose.  (21  Fed. 
Eep.,  393,  701.)  He  is  not  entitled  to  a  jury  trial.  If  he 
has  sailed,  he  may  be  remitted  to  the  marshal  to  await  the 
direction  of  the  President.  (21  Fed.  Eep.,  808.) 

In  re  Jung  Ah  Lung,  25  Fed.  Eep.,  141  (Dist.  C.,  Cal.).    u.  s.  court  not 
A  United  States  court  can  issue  a  habeas  corpus  to  in-  ISSJtS?  by  tt 
quire  into  the  detention  of  Chinese  on  vessels  by  order  of 
the  court,  and  is  not  governed  by  the  determination  of 
the  collector.     (Affirmed,  124  IT.  S.,  621.) 

In  re  Impaneling  and  instructing  the  grand  jury,  26  Fed.    conspiracies  to 
Eep.,  749  (Dist.  0.,  Oreg.).    A  conspiracy  or  an  agree-  out™ 
ment  to  drive  the  Chinese  out  of  the  United  States  or  to 
maltreat  or  intimidate  them  is  indictable  under  E.  S., 
§  5336.     (27  Fed.  Eep.,  187.) 

In  re  Baldwin,  27  Fed.  Eep.,  187.     (Cir.C.,  Cal.)    E.  S.,    conspiracy. 
§  5519  can  not  constitutionally  embrace  a  conspiracy  to 
deprive  Chinese  residents  in  a  State  of  the  immunities 
secured  by  treaty.     (26  Fed.  Eep.,  749.) 

Ex parte  Chin  King,  35  Fed.  Eep.,  354  (Dist.  C.,  Oreg.).    A    Chinese 


A  child  born  in  the  United  States  of  Chinese  parents  is  a  T^citX.111 
citizen  of  the  United  States  and  not  affected  by  the  exclu- 
sion laws.     (21  Fed.  Eep.,  905;  36  Fed.  Eep.,  437,  553;  49 
Fed.  Eep.,  146.) 

The  Chinese  Exclusion  Case,  Chae  Chan  Ping  v.  United    Decisions  sub- 
States,  130  U.  S.,  581.    The  act  of  1888,  Oct.  1,  excluding  "Tup  rYnfe 


Chinese  laborers,  is  constitutional.    The  certificates     -of  1888  lg 
sued  under  the  acts  of  1882  and  1884  confer  no  rights  constitutional, 
which  could  not  be  repealed  by  subsequent  acts  of  Con- 
gress.    (Affirming  36  Fed.  Eep.,  431.) 

Wan  Shing  v.  United  States,  140  U.  S.,  424.    No  Chi-    Kigfct  of  Chi- 
nese laborer  can  land  in  the  United  States  since  the  act  of  S.  p< 
Oct.  1, 1888.    The  right  of  a  Chinese  person  to  land  rests 
upon  his  establishing  that  he  was  not  a  laborer,  and  this 
must  be  by  a  certificate  issued  under  §  6  of  the  act  of 
1882,  May  6,  as  amended  by  the  act  of  1884,  July  5. 

In  re  Lau  Ow  Bew,  141  U.  S.,  583;  144  U.  S.,  47.  A  Merchants tem- 
Chinese  merchant,  resident  for  seventeen  years  in  the  StowSTtolaSS!* 
United  States,  was  refused  permission  to  land,  although 
his  status  as  a  merchant  was  established,  because  he  had 
not  obtained  the  certificate  of  the  Chinese  Government 
required  by  the  acts  of  1882  and  1884.  On  application  to 
the  Supreme  Court,  the  circuit  court  of  appeals  was  di- 
rected to  certify  the  case  to  the  Supreme  Court  as  a  case 
of  special  importance.  Upon  consideration  of  the  case  on 
its  merits  (144  U.  S.,  47),  it  was  decided  that  the  acts  of 
1882  and  1884  did  not  apply  to  the  admission  of  Chinese 
merchants  into  the  United  States  who  temporarily  left 
the  country  and  seek  to  return  to  their  homes. 

In  re  Chae  Chan  Ping,  36  Fed.  Eep.,  431  (Cir.  C.,  K.  D.,    other  Federal 
Cal.).    The  act  of  Oct.  1, 1888,  excluding  Chinese  laborers,  c°Act8of  issscon- 
is  constitutional.    The  certificates  issued  under  the  acts  of  stitutionai. 
1882  and  1884  are  not  contracts  and  their  validity  can  be 
destroyed  by  subsequent  acts.     (Affirmed  on  appeal,  130 
U.  S.,  581.) 


470       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 


A  Chinese  born 
in  U.  S.  a  citizen. 


Certain  rights 
of  travel. 


Departure  from 
U.S. 


la  a  citizen  if 
born  in  U.  S. 


Merchant  en- 
titled to  bring 
wife  on  his  cer- 
tificate. 


Stolen  vessels 
not  forfeited  by 
landing  Chinese. 


Indictment. 


Meaning  of 
"the  country 
from  whence  he 
came." 


Residence  of 
Chinese  person 
in  British  Colum- 
bia does  not  alter 
his  status. 


Trial  upon  ap- 
peals. 


In  re  Yung  Sing  Hee,  36  Fed.  Rep.,  437  (Cir.  0.,  Oreg.). 
A  person  born  in  the  United  States  of  Chinese  parents  is  a 
citizen  of  the  United  States  and  not  within  the  exclusion 
acts.  (21  Fed.  Rep.,  905 ;  35  Fed.  Rep.,  354 ;  36  Fed.  Rep., 
553;  49  Fed.  Rep.,  146.) 

In  re  Tong  Wah  Sick,  36  Fed.  Rep.,  440  (Cir.  0.,  N.  D., 
Gal.).  Chinese  subjects  who  purchase  through  tickets 
and  embark  at  an  American  port  on  an  American  vessel 
for  another  American  port  and  who  do  not  leave  the  vessel, 
although  it  touches  at  a  foreign  port,  have  not  departed 
from  the  United  States.  (13  Fed.  Rep.,  286,  291;  14  Fed. 
Rep.,  44;  36  Fed.  Rep.,  441.) 

In  re  Jack  Sen,  36  Fed.  Rep.,  441  (Cir.  0.,  N,  D.,  Gal.). 
A  Chinese  laborer  who  ships  on  an  American  vessel  at  an 
American  port  and  does  not  land  at  any  foreign  port  does 
not  depart  from  the  United  States.  (13  Fed.  Rep.,  286, 
291;  14  Fed.  Rep.,  44;  36  Fed.  Rep.,  440.) 

In  re  Wy  Shing,  36  Fed.  Rep.,  553  (Cir.  0.,  i> .  D.,  Gal.). 
A  person  born  in  the  United  States  of  Chinese  parents  is 
a  citizen  of  the  United  States  and  is  not  excluded  by  the 
act  of  Oct.  1, 1888.  (21  Fed.  Rep.,  905 ;  35  Fed.  Rep.,  354 ; 
36  Fed.  Rep.,  437;  14  Fed.  Rep.,  146.) 

In  re  Chung  Toy  Ho,  42  Fed.  Rep.,  398  (Cir.  C.,  Oreg.). 
A  Chinese  merchant  entitled  to  come  into  the  United 
States  by  reason  of  a  certificate  issued  under  §  6  of  the  act 
of  1884  can  bring  with  him  his  wife  and  children.  (21 
Fed.  Rep.,  182,  785;  48  Fed.  Rep.,  668.) 

United  States  v.  The  George  E.  Wilton,  43  Fed.  Rep.,  606 
(Dist.  C.,  Wash.).  A  vessel  bringing  Chinese  laborers 
into  the  United  States  in  violation  of  law  is  not  forfeited 
under  the  act  of  Oct.  1, 1888,  and  §  10  of  the  act  of  1884  if 
the  vessel  had  been  stolen  from  its  owner  and  used  with- 
out his  knowledge  or  consent. 

United  States  y.  Trumbull,  46  Fed.  Rep.,  755  (Dist.  C., 
Wash.).  In  an  indictment,  under  §  11  of  the  act  of  1882 
it  is  necessary  to  allege  that  the  Chinese  persons  were 
unlawfully  brought  into  the  United  States. 

In  re  Leo  Hem  Bow,  47  Fed.  Rep.,  302  (Dist.  C.,  Wash.). 
The  provision  for  the  removal  of  a  Chinese  person  unlaw- 
fully in  the  United  States  to  "the  country  from  whence  he 
came"  does  not  mean  to  China,  if  he  came  from  some  other 
country,  and  a  Chinaman  coming  from  British  Columbia 
is  to  be  returned  there.  (47  Fed.  Rep.,  305,  433,  878;  49 
Fed.  Rep.,  569.) 

United  States  v.  Ah  Toy,  47  Fed.  Rep.,  305  (Dist.  C., 
Wash.).  A  Chinese  laborer  who  had  lived  in  the  United 
States  and  returned  to  China,  but  after  Oct.  1, 1888,  re- 
turned to  the  United  States  via  British  Columbia,  having 
spent  one  year  in  that  country  as  a  sojourner,  should  be 
returned  to  China.  (47  Fed.  Rep.,  302,  433,  878;  49  Fed. 
Rep.,  569.) 

United  States  v.  Jim,  47  Fed.  Rep.,  431  (Dist.  C.,  Wash.). 
Section  13  of  the  act  of  Sept.  13, 1888,  is  in  force  notwith- 
standing the  provision  of  §  1  of  the  same  act.  The  opin- 
ion holds  that  the  whole  act  is  in  force  except  the  "par- 
ticular provisions  of  the  first  and  fifteenth  sections,  which 


FEDERAL  COURT  DECISIONS — OPINIONS  ATTORNEY-GENERALS.      471 

are  specially,  by  the  provisions  contained  therein,  made  to 
depend  for  validity  upon  the  contingency  of  the  ratifica- 
tion, at  a  future  time,  of  the  pending  treaty."  (47  Fed. 
Rep.,  433,  878 ;  48  Fed.  Rep.,  825;  50  Fed.  Rep.,  271;  55 
Fed.  Rep.,  58. )  A  trial  de  novo,  upon  appeal  from  the  com- 
missioner, is  permitted  in  a  United  States  district  court. 

In  re  Mali  Wong  Gee.  47  Fed.  Rep.,  433  (Dist.  C.,  Vt). .  c^<*«    «»»• 
Section  13  of  the  act  of  Sept.  13,  1888,  is  in  force,  this1*1 
being  a  part  of  the  law  not  dependent  upon  the  ratification 
of  the  treaty.     (47  Fed.  Rep.,  431,  878;  48  Fed.  Rep.,  825; 
50  Fed.  Rep.,  271;  55  Fed.  Rep.,  58.)     A  Chinese  person 
coming  from  Canada  to  the  United  States  unlawfully  is 
to  be  deported  to  Canada  under  the  act  of  1888.     (47  Fed. 
Rep.,  302,  305,  878;  49  Fed.  Rep.,  569.) 

In  re  Lau  Oic  Bew,  47  Fed.  Rep.,  578  (Cir.  C.,  N.  D.,    Chinese    mer- 
Cal.) ;  47  Fed.  Rep.,  641  (Cir.  C.  App.,  9th  Cir.).    A  Chi-  SSSS7 
uese  merchant  returning  to  this  country  after  a  temporary 
absence  must  have  the  certificate  required  by  §  6  of  the 
act  of  1884.     (Reversed  by  Supreme  Court,  144  U.  S.,  47.) 

In  re  Tom  Hun,  47  Fed.  Rep.,  722  (Dist.  C.,  K  D.,  Gal.).  de£creior  resi' 
Upon  consideration  of  the  evidence  of  prior  residence  the 
petitioner  is  not  permitted  to  land,  it  having  been  shown 
that  another  person  of  the  same  name  had  been  landed 
upon  proper  identification  as  the  former  resident  and  the 
proof  of  the  present  applicant  being  unsatisfactory.  (112 

United  'states  v.  Chong  Sam,  47  Fed.  Rep.,  878  (Dist. ,  Chinese  coming 
C.,  E.  D.,  Mich.).    Sections  1,  2,  4,  and  15  of  the  act  of fr< 
Sept.  13, 1888,  are  not  in  force.    Section  13  and  other  sec- 
tions are  in  force.    (47  Fed.  Rep.,  431, 433;  48  Fed.  Rep., 
825;  50  Fed.  Rep.,  271;  55  Fed.  Rep.,  58.)     A  Chinaman 
coming  from  Canada  must  be  returned  to  Canada.     (47 
Fed.  Rep.,  302,  305,  433;  49  Fed.  Rep.,  569.) 

In  re  Wo  Tai  Li,  48  Fed.  Rep.,  668  (Dist.  C.,  N.  D.,         ve8     of 
Cal.).    The  wife  of  a  Chinese  actor  is  not  entitled  to  entry 
without  the  certificate  provided  by  §  6  of  the  act  of  1884. 
(21  Fed.  Rep.,  182,  785;  42  Fed.  Rep.,  398.) 

United  States  v.  Lee  Hoy,  48  Fed.  Rep.,  825  .(Dist.  C.,  mfrchcahnitne81f 
Wash. ).    A  Chinese  merchant,  who  was  permitted  to  land  muted to"anefby 
by  a  collector,  without  the  certificate  required  by  §  6  ofacollector- 
the  act  of  1884,  after  a  visit  to  Canada,  upon  personal 
knowledge  of  his  identity  or  private  information,  is  law- 
fully in  the  United  States,  as  the  commissioner  has  a 
right  to  decide  questions  in  controversy,  subject  to  review 
by  the  Secretary  of  the  Treasury.    (50  Fed.  Rep.,  271.) 
An  appeal  was  entertained  from  the  judgment  of  the  com- 
missioner ordering  his  deportation.    §§12  and  13  of  the 
act  of  Sept.  13,  1888,  are  held  to  be  in  force.    (47  Fed. 
Rep.,  431,  433,  878;  50  Fed.  Rep.,  271;  55  Fed.  Rep.,  58. 
Affirmed  by  circuit  court  of  appeals  on  different  grounds, 
50  Fed.  Rep.,  271.) 

Gee  Foolc  Sing  v.  United  States,  49  Fed.  Rep.,  146  (Cir.  c£nePeer8p°anren°tf 
C.,  App.,  9th  Cir.).    A  person  of  Chinese  parentage,  born  ago  bom  m  u.  s. 
in  the  United  States,  is  a  citizen  of  the  United  States  and  a  citizen- 
the  right  to  entry  can  not  be  denied  him.    (21  Fed.  Rep., 
905;  35  Fed.  Rep.,  354;  36  Fed.  Rep.,  437,  553.)     Upon 


472       LAWS    RELATING   TO   THE   NAVY,  MARINE    CORPS,  ETC. 


Findings  of 
fact  of  a  com- 
missioner not 
reviewable  upon 
habeas  corpus. 


Decision  of  col- 
lector. 


Decisions  sub- 
sequent to  May  5, 
1892. 

Supreme  Court. 

Other  Federal 
courts. 

Im  prisonment 
of  Chinese  un- 
lawfully. 


Chinese     mer- 
chants' rights. 


Act  of  May  5, 


Summary  pro- 
ceedings. 


Certificate 
given  by  Chinese 
consul  in  Japan. 


the  facts  in  this  case  the  proof  of  native  birth  is  not  satis- 
factory. 

United  States  v.  Don  On,  49  Fed.  Eep.,  569,  (Cir.  C.,  N. 
D.,  N.  Y.).  A  Chinese  laborer  coming  into  this  country 
from  Canada  is  to  be  returned  to  Canada.  (47  Fed.  Eep., 
302,  305,  433,  878.)  The  findings  of  fact  of  a  commis- 
sioner are  not  to  be  reviewed  upon  habeas  corpus.  (47 
Fed.  Eep.,  431;  54  Fed.  Eep.,  334.)  The  petitioner  was 
subsequently  discharged  because  the  marshal  was  pro- 
vided with  no  funds  to  pay  the  head  tax  charged  by  the 
Canadian  Government. 

United  States  v.  Gee  Lee,  alias  Lee  Hoy,  50  Fed.  Eep. 
271  (Cir.  0.  App.,  9th  Cir.,  affirming  48  Fed.  Eep.,  825) 
Sec.  12  of  the  act  of  Sept.  13, 1888,  making  the  decision  of 
the  collector  final,  subject  to  review  by  the  Secretary  of 
the  Treasury,  never  went  into  effect.  Sec.  13  of  the  same 
act  is  in  force,  because  not  within  the  purview  of  the  lim- 
itation, upon  the  act  going  into  effect,  as  defined  by  §  1. 
(47  Fed.  Eep.,  431,  433,  878;  48  Fed.  Eep.,  825;  55  Fed. 
Eep.,  58.)  An  appeal  lies  from  a  judgment  under  this 
section  to  the  circuit  court  of  appeals.  Sec.  6  of  the  act 
of  July  5,  1884,  does  not  apply  to  Chinese  merchants 
domiciled  in  the  United  States  and  temporarily  absent. 
(144  U.  S.,  47.) 

In  re  Fong  Tue  Ting,  149  U.  S.  698.  The  act  of  May  5, 
1892,  is  within  the  constitutional  power  of  Congress  to 
regulate  or  forbid  the  residence  of  aliens  within  the  United 
States. 

United  States  v.  Wong  Sing,  51  Fed.  Eep.,  79  (Dist.  C., 
Wash.).  The  fourth  section  of  the  act  of  May  5,  1892, 
providing  for  the  imprisonment  of  Chinnese  persons 
unlawfully  in  the  United  States,  does  not  render  it  neces- 
sary to  proceed  by  indictment.  (53  Fed.  Eep.,  233;  54 
Fed.  Eep.,  334;  55  Fed.  Eep.,  58.) 

United  States  v.  Chin  Quong  Look,  52  Fed.  Eep.,  203 
(Dist.  C.,  Wash.).  A  Chinese  merchant  who  resided  and 
did  business  in  the  United  States,  and  retained  his  inter- 
est in  the  firm,  can  not  be  excluded,  although  he  returned 
to  China  and  remained  over  six  years.  (144  U.  S.,  47.) 

United  States  v.  Hing  Quong  Chow,  53  Fed.  Eep.,  233 
(Cir.  C.,  E.  D.,  La.).  An  indictment  can  not  be  brought 
against  a  Chinaman  under  the  act  of  May  5, 1892,  for  being 
unlawfully  in  the  United  States.  (51  Fed.  Eep.,  79:  54 
Fed.  Eep.*,  334;  55  Fed.  Eep.,  58.) 

In  re  Sing  Lee,  54  Fed.  Eep.,  334  (Dist.  C.,  W.  D.,  Mich.). 
The  provisions  of  the  exclusion  act  of  May  5,  1892,  for 
summary  proceedings  are  not  a  denial  of  due  process  of 
law  or  a  violation  of  any  common  law  rule  of  evidence 
or  repugnant  of  the  fourteenth  amendment  of  the  Consti- 
tution. The  imprisonment  provided  is  not  a  punishment, 
but  a  means  of  detention.  (51  Fed.  Eep.,  79;  53  Fed. 
Rep.,  233;  55  Fed.  Eep.,  58.)  The  findings  of  fact  of  the 
commissioner  are  not  reviewable  upon  habeas  corpus. 
(49  Fed.  Eep.,  431,  569.) 

United  States  v.  Mock  Chew,  54  Fed.  Eep.,  490,  (Cir.  C. 
App.,  9th  Cir.).  A  certificate  of  identification  under  sec- 


FEDERAL  COURT  DECISIONS — OPINIONS  ATTORNEY-GENERALS.      473 

tion  6  of  the  act  of  July  5, 1884,  given  by  a  Chinese  consul 
in  Japan  and  certified  by  the  United  States  vice-consul- 
general,  is  not  sufficient  without  proof  of  the  consul's  au- 
thority from  the  Chinese  Government. 

United  States  v.  Long  Hop,  55  Fed.  Eep.,  58  (Dist.  0.,  S. ,  Act  of  1888  in 
D.,  Ala.).    The  exclusion  act  of  September  13, 1888,  is  all  SSs  S23 S" 
in  force  excepting  sections  2-4  and  15.     (47  Fed.  Eep., 
431,  433, 878;  48  Fed.  Eep.,  825;  50  Fed.  Eep.,  271.)    Due 
process  of  law  requires  that  the  United  States  shall  show 
the  unlawful  residence.     (51  Fed.  Eep.,  79;  53  Fed.  Eep., 
233;  54  Fed.  Eep.,  58.) 

Citizenship  of,  commanders  of  vessels  of  the  United  States. — The  1wl7'  ¥&  *' 
officers  of  vessels  of  the  United  States  shall  in  all  cases  28,  i^64,°ch.  i?<£J! 
be  citizens  of  the  United  States.  i,  vol.  is,  P.  201. 

(a)  Certain  Confederates  not  precluded. — It  is  the  opinion  of  31<«)  n  A.G.OP., 
the  Attorney-General  that  this  statute  does  not  preclude 
citizens  of  the  United  States  who  resigned  commissions  in 
the  Navy  of  the  United  States  and  entered  the  Confed- 
erate service. 

Civilian  lawyer,  not  to  act  as  judge-advocate, — Under  the  18J ;evg  /^'Q  8- 
statute  cited  the  Secretary  of  the  Navy  can  not  retain  a  suj  u  id.,  is? 7 
civilian  lawyer  to  act  as  judge-advocate  of  a  court-mar- ldl)141;loid>' 40> 
tial,  but  must  call  upon  the  Department  of  Justice  for  an 
officer  for  the  service. 

(a)  .Employment  of  agents. — Heads  of  Departments  may  em-  ^w  Q« 
ploy  agents  when  necessary.  33*6;  u.s. 

daniel,  7  id.,  1. 
See  notes  on  U.S. 
Statutes  (Gould 
and  Tucker),  p. 
21. 

Civilian  witnesses,  court-martial. — A  naval  court-martial,  or  »ev.  stat.,  8. 
judge-advocate  thereof,  has  no  power  to  compel  a  civilian  the  ;Navy,C42%7; 
who  is  not  subject  to  the  articles  for  the  government  of  MmerG'peb'  5°J' 
the  Navy  to  appear  and  testify  before  such  court.  ISQO.  r' 

(a)  Neither  article  42  nor  article  57  in  the  section  first  cited  («)  Articles  for 
gives  the  power  to  compel  the  attendance  of  civilian  0fethe°Navyle42 
witnesses.  and57- 

(&)  The  provisions  of  the  section  here  cited  apply  to  the  (&>  Rev.  stat., 
military  (i.  e.,  army)  courts  only. 

Claim  of  participant  in  the  rebellion. — In  1860  E.,  a  naval  offi- .  Rev.  stat.,  a. 
cer,  became  entitled  to  a  share  in  the  proceeds  of  a  cap-  Mar!  2,01i867f  is 
tured  slaver,  the  amount  of  which  was  certified  to  the A^ 
Treasury  Department  by  the  Secretary  of  the  Navy,  but  isST 
remains  unpaid.    In  1861  E.  resigned  his  commission 
and  entered  the  Confederate  service:  Held,  that  by  force 
of  the  statutes  cited  payment  of  such  share  can  not  now 
be  made,  notwithstanding  the  President's  proclamation 
of  amnesty  of  December  25, 1868,  and  that  to  authorize 
its  payment  an  act  of  Congress  is  necessary. 

Clerks  employed,  report  of. — The  act  cited  made  the  require-  Rev.  stat.,  s. 
ment  contained  in  the  section  of  reporting  the  names  of  1342. ac1  iaig'26' 
all  employees  annually  of  the  Secretary  of  the  Navy. 

Clerks  to  admirals,  etc. — The  later  act  cited  provides  that  on 
and  after  July  first,  eighteen  hundred  and  seventy-eight,  gi-  01  .amending 
there  shall  be  no  appointments  made  from  civil  life  of  155$, 
secretaries  or  clerks  to  the  Admiral  or  Vice-Admiral, 


474   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

when  on  sea  service,  commanders  of  squadrons,  or  of 
clerks  to  commanders  of  vessels  ;  and  an  officer  not  above 
the  grade  of  lieutenant  shall  be  detailed  to  perform  the 
duties  of  secretary  to  the  Admiral  or  Vice-Admiral  when 
on  sea  service,  and  one  not  above  the  grade  of  master  to 
perform  the  duty  of  clerk  to  a  rear-admiral  or  commander, 
and  not  one  above  the  grade  of  ensign  to  perform  the 
duties  of  clerk  to  a  captain,  commander,  or  lieutenant- 
commander  when  afloat:  Provided,  That  the  secretaries 
and  clerks  in  service  on  July  first,  eighteen  hundred 
and  seventy-eight,  on  vessels  abroad,  shall  continue  as 
such  until  such  vessel  shall  return  to  the  United  States 
on  the  termination  of  its  cruise. 

Rev.  stat.,  ss.  Commissioning,  displacing,  and  dismissing  officers  by  the  Presi- 

CKOp^44.!  13  A<     ^ent-  —  ^ne  i?  no*  an  officer  in  the  Army  or  Navy  until 

the  commission  appointing  him  such  has  been  signed  by 

the  President,  although  his  nomination  has  been  con- 

firmed by  the  Senate. 

(a)  Keyesr.u.  (a)  Power  to  displace  an  officer.  —  The  President  has  power 
McE?ratiiS'i  3u!     to  displace  an  officer,  with  the  advice  and  consent  of  the 
s.,  102  id..  426  j     Senate,  by  appointing  another  in  his  place. 

(b)  12  A.  G.  (b)  President's  power  to  dismiss.  —  This  statute  was  held  by 
Stii  "tr.  s?,c?o2     the  Attorney-General  (XII  Opins.  4)  not  to  be  uncpn- 
u.  s.,  426;  12  c.     stitutional,  in  that  it  was  not  "  obnoxious  to  the  objection 

that  it  invades  or  frustrates  the  power  of  the  President 
to  dismiss  an  officer.  "  More  serious  objections  to  its  con- 
stitutionality are  believed  to  be:  1,  that  it  authorizes  the 
subjecting  to  military  trial  of  a  civilian  ;  2,  that  in  restor- 
ing an  officer  to  the  Army  it  substitutes  the  action  of  a 
court-martial  for  the  appointing  power  of  the  President. 

(c)  16  A.   G.  (c)  Filling  vacancy  confirms  sentence  of  dismissal.  —  If  an 
?pu.s.,:i5c.cS!     officer  is  sentenced  to  dismissal  and  the  President  fills 
R-'41-  the  vacancy  by  appointment  or  nomination,  this  operates 

as  a  confirmation  of  the  sentence. 

(<?)  corson  v.  (d)  Revoking  order  of  dismissal.  —  The  President  can  not 
SbfiVacSi'.!;!  revoke  an  order  dismissing  an  officer  *  *  *  so  as  to 
344!  Menimack  enable  him  to  regain  his  position  and  become  entitled  to 
426;  10  c.  cis.  R'.',  its  emoluments. 

584:  4  A.  G.  Op.,  8,318;  Montgomery's  Case,  19  C.  Cls.  R.,  370;  5  id.  ,93:  Miller's  Case,  19  id.,  338;  Mc- 
Blair's  Case,  id.,  389;  Bennetfs  Case,  id.,  379  ;  Btirchard's  Case,  id.  ,137;  4  A.G.  Op.,  274. 

rr(a)  ???n<?t  r?'  W  Discretionary  power  of  President  to  dismiss.  —  The  Pres- 

U.  rv      1  \s.  1     I  -     XV.  •  •    1  j  «  "          •»  •  •  ...  ftrt  i  •  1  * 

258;  Newton  v.     ident's  power  to  dismiss  an  officer,  being  dis- 

u.  s.,  is  id,,  435.      cretionary,  can  not  be  reviewed  in  the  Court  of  Claims, 

at  least  after  a  long  lapse  of  time. 

u^s  ^sc^cis'  ^  Application  for  court-martial.  —  Such  officer's  applica- 
nt's. tion  for  court-martial  must  be  made  within  a  reasonable 

time. 


<  Contracts»  boilers,  material  for.  —  Material  for  steamboat  boil- 
40,  99';  20  stat.    \     ers  for  the  Navy  may  be  purchased  at  the  lowest  market 
price  without  advertisement,  provided  that  specifications 
are  sent  to  the  principal  dealers  and  manufacturers  and 
the  inspection  and  tests  are  public. 

(a)  lOA.G.op.,  (a)  Lowest  bid.  —  The  lowest  bid  may  be  accepted,  if  it  sub- 
stantially complies  with  the  law,  notwithstanding  it  des- 
ignates a  different  time  for  completing  the  contract  than 
the  advertisement  fixed. 


FEDERAL  COURT  DECISIONS — OPINIONS  ATTORNEY-GENERALS.      475 

(&)  "  When  time  will  permit." — The  words  quoted  apply  only    (&)  4  A.  G.OD., 
to  such  supplies  as  the  wants  of  the  service  make  it  neces-  475- 
sary  to  purchase  for  immediate  use  when  there  is  no  time 
to  abide  the  delay  of  advertising.    They  do  not  apply  to 
contracts  to  run  through  three  years  when  there  is  on 
hand  a  sufficient  quantity  of  the  article  for  the  present 
wants  of  the  service. 

(c)  Terms  of  contract  must  be  followed. — Contract  for  con-    (<?)  2iA.G.op., 
struction  of  battleship  Indiana  construed,  and  held  that  27',  i894.ey>  Apr' 
it  was  not  competent  for  the  Secretary  of  the  Navy,  under 

the  existing  contract,  to  pay.  to  the  contractors  any  part 
of  the  last  three  installments  of  the  price  of  the  vessel 
or  of  reservations  from  previous  payments  prior  to  the 
preliminary  or  conditional  acceptance  of  the  vessel;  but 
that  a  supplemental  contract  might  be  entered  into,  modi- 
fying the  terms  and  provisions  of  the  existing  contract. 

(d)  To  furnish  provisions. — Contracts  made  by  the  United  g  (^1ReTj*  sstat;' 
Sta.tes,  through  the  Secretary  of  the  Navy,  to  furnish  shaw/ici'iff.,31?'. 
provisions  for  the  naval  service  can  not  be  rescinded  by 

the  chief  of  the  bureau  having  charge  of  such  contracts 
and  supplies  without  the  sanction  of  the  head  of  the 
Department. 

(e)  Must  come  within  the  terms  of  law. — A  person  who  enters  g  ^g^Joufe 
into  a  contract  with  an  officer  of  the  Government  must  case,  15  c.'cL! 
look  to  the  statute  under  which  it  is  made  and  see  thatg-  3^41|1^-2g- 

his  contract  comes  within  the  terms  of  the  law.  257';'  Fi'oyd  ac- 

ceptances,   7 

Wall.,  666, 680. 

(/)  Conditioned   on  further    appropriations. — A   contract  49</M  A.  G.  op., 
made  by  a  Navy  agent  for  piles  to  be  used  in  a  dry  dock, 
to  be  delivered  after  Congress  should  make  further  appro- 
priations, is  not  valid. 

(g)  Head  of  Department  may  bind  the  Government. — Under    (g)  9  A.  G.  op., 
the  section  cited  the  head  of  a  Department  may  bind  the 18- 
Government  only  in  two  cases  (1)  where  the  contract  is 
expressly  authorized  by  law,  (2)  where  there  is  an  appro- 
priation already  made  large  enough  to  fulfill  it.     In  the 
first  case,  there  is  an  express  power  to  contract  for  the 
work;  and,  in  the  second  case,  there  is  an  implied  power 
to  contract  for  so  much  work  as  the  appropriation  will 
pay  for. 

(h)  Exception  to  the  rule. — The  two  sections  cited  under  (h]    (*)  Rev.  stat., 
should  be  construed  together.     Under  the  section  3732 sa 
the  heads  of  the  War  and  Navy  Departments,  in  the  ab- 
sence of  appropriations,  are  authorized  to  purchase  or 
contract  for  clothing,  subsistence,  forage,  fuel,  quarters, 
or  transportation,  not  exceeding  the  necessities  of  the 
current  year.    The  section  3679  does  not  prohibit  such    is  A.  G.  op , 
contracts.    The  exception  in  section  3732  in  favor  of  con- m 
tracts  or  purchases  in  the  War  and  Navy  Departments 
for  clothing,  subsistence,  etc.,  withdraws  such  contracts 
or  purchases  from  the  prohibition  of  section  3679,  and 
they  may  be  made,  though  there  is  no  appropriation  ade-    is  A.  G.  op., 
quate  to  their  fulfillment,  if  the  necessities  of  the  current 124> 
year  are  not  exceeded. 

(i)  Specific  appropriations.— If  money  has  been  appropri- 
ated  for  a  specific  object,  the  head  of  the  Department  60°- 


476       LAWS   RELATING   TO   THE    NAVY,  MARINE    CORPS,  ETC. 


0')Leavittv.u. 
F.  R.,  623. 


u(*s 
s',  IBS. 


charged  with  the  expenditure  of  it  may  use  so  much  as 
may  be  necessary  with  a  view  to  the  subsequent  comple- 
tion of  the  work  if  Congress  shall  provide  therefor  ;  but 
he  can  not  bind  the  Government  to  pay  any  sum  in  excess 
of  that  appropriated. 

y  )  Exception.  —  Where  an  appropriation  has  been  made  for 
a  cert-ajn  purpose,  and  a  consul  in  a  distant  country  is  in- 
structed by  the  Department  of  State  to  make  purchases 
thereunder,  such  purchases  are  legal  though  it  turns  out 
a  year  and  a  half  afterwards,  when  the  consul's  bill  is  pre- 
sented, that  the  appropriation  is  exhausted. 

Absolute  authority  to  act—  Where  the  authority  to  con- 
tract for  a  work  in  behalf  of  the  United  States  depends 
wholly  upon  an  appropriation  made  for  the  purpose,  no 
officer  thereof  can  create  a  liability  therefor  beyond  the 
sum  appropriated,  and  a  contractor  can  not  receive  more 
than  was  appropriated,  no  matter  what  the  extent  of  the 
work;  but  when  an  act  authorizes  a  thing  to  be  done  ab- 
solutely, and  makes  an  insufficient  appropriation  or  none 
at  all,  it  is  different. 

ty  u  Authorized  by  laiv."  —  A  contract  to  have  been  author- 
ized by  law  must  appear  to  have  been  made  either  in  pur- 
suance of  express  authority  given  by  statute  or  of  author- 
ity necessarily  inferrable  from  some  duty  imposed  upon 
or  from  some  power  to  the  person  assuming  to  contract 
on  behalf  of  the  Government. 

(m)  Rev.  stat.,  (w)  Must  be  reduced  to  writing.  —  Contracts  to  bind  the 
United  States  must  be  actually  reduced  to  writing  and 
signed  by  the  contracting  parties,  the  signing  of  the  pre- 
liinmary  memoranda  being  insufficient. 


Solomon  v.  u.  s 


v.  U.  S.,  118  U.,  S. 
42;  ISCl.Cls.R., 
165;  Lindsay's 
Case,  4  C.  Cls.R., 
359;  Jones's  Case, 
11C.  Cls.R..  733; 
Steelev.  U.S.,  19 
C.  Cls.  R.,  181. 

(n)  Bnrchiei's 
case,  4  c,  cis.R, 


(o)  cobb  v.  u. 
514,  citing  ciark 

sj^and  oveYseel 
ing  cobb  &  Co.'a 
case,  70.  cis.R., 

(P)  Dan  old's 


case,4C.  cis.R., 

to(?ney?Generai* 
August  19,  1892.' 


(n)  Recovery  in  Court  of  Claims.  —  The  contract  is  only  made 
void  ag  an  executory  one,  and  if  the  goods  have  been  ac- 
tually received  and  used  by  the  Government  their  value 
may  be  recovered  in  the  Court  of  Claims. 

(o)  Contracts  made  in  an  emergency.  —  The  provision  requir- 
ing  contracts  made  by  the  Departments  named  (  War  and 
Navv)  in  tne  section  cited  to  be  in  writing  and  signed 
applies  to  such  as  are  made  in  an  emergency  without  ad- 
yertising  for  proposals. 

(p)  Extends  to  purchasing  agents  and  officers.  —  The  statute 
cited  extends  not  merely  to  purchasing  agents,  but  to  all 
officers  in  the  War,  Navy,  and  Interior  Departments,  in- 
cluding the  secretaries  themselves. 

(#)  Advertisement  for  proposals  and  acceptance  of  proposal 
by  the  Navy  Department  not  a  contract.  —  An  advertise- 
ment for  proposals,  a  proposal  from  a  bidder  and  its 
acceptance  by  the  Navy  Department  do  not  constitute  a 
contract.  The  common  law  rule  respecting  an  offering 
and  its  acceptanee  being  modified  by  section  3744  of  the 
Revised  Statutes,  which  requires  that  all  contracts  en- 
tered into  by  the  Departments  therein  named  shall  be 
reduced  to  writing  and  signed  by  the  contracting  parties. 


FEDERAL  COURT  DECISIONS  —  OPINIONS  ATTORNEY-GENERALS.       477 

The  Supreme  Court  has  held  (Clark  v.  U.  S.,  95  U.  S., 
542,  and  S.  B.  Iron  Co.  v.  U.  S.,  118  U.  S.,  38),  that  con- 
tracts contemplated  by  that  section  do  not  become  valid 
until  executed  in  accordance  with  its  requirements. 
Construction  of  vessels,  rights  and  duties  of  the  United    is  A.  G.  op.,  p. 
States  arising  under  contracts  for.  j°u'neG3or,lai885- 

Also  see  p.  — 
same  case,  240, 
reaffirmed. 

(a)  Authority  to  build  without  provision  for  plans.  —  Where  a  ibid.,  p.  244. 
statute  authorizes  the  building  of  vessels  by  the  Navy 
Department,  but  makes  no  provision  for  procuring  the 
necessary  plans  and  specifications  therefor,  it  is  to  be 
construed  as  impliedly  authorizing  the  head  of  the  De- 
partment to  procure  such  plans  and  specifications  in  the 
mode  and  manner  which  he  shall  deem  best. 

Cooperation  of  revenue  cutters  with  the  Navy,  —  The  revenue  Rev.  stat.,  as., 
cutters  employed  in  carrying  out  the  order  issued  byG.o'p.,  505.  9 
President  Lincoln  to  the  Secretary  of  the  Treasury, 
dated  June  14,  1863,  were,  while  so  employed,  cooperating 
with  the  Navy  by  order  of  the  President;  and  if  any  of 
the  officers  or  seamen  thereof,  during  such  employment, 
were  wounded  or  disabled  in  the  discharge  of  their  duty, 
they  became  entitled  to  be  placed  on  the  Navy  pension 
list  at  the  same  rate  of  pension  and  under  the  same  regu- 
lations and  restrictions  as  are  provided  by  law  for  the 
officers  and  seamen  of  the  Navy. 

Costs  of  suits.  —  The  words  u  costs  of  suits  "  in  the  appropri-  1fl£.ct  ,Ju™  3^ 

..  ',111  j-i  T  i  i         *         •  •     1890.   en.  640;  20 

ation  act  cited  relate  to  the  ordinary  taxed  costs  of  suits  A.  G.  op.,  49, 
and  not  to  fees  of  counsel.    Accordingly  the  fee  of  the  ^g11ler>         26> 
United  States  attorney  for  services  in  defending  suits 
brought  against  certain  naval  officers  for  acts  done  by 
'them  in  obedience  to  the  orders  of  the  Navy  Department 
can  not  be  paid  out  of  that  appropriation,  but  must  be 
fixed  by  the  Attorney-General  and  paid  out  of  the  appro- 
priations for  the  payment  of  such  special  compensation 
as  may  be  fixed  by  the  Attorney-General  for  services  not 
covered  by  salaries  or  fees. 

Courts-martial.  —  Courts-martial  are  lawful  tribunals  with  like  anditeg^iaSon^ 
jurisdiction  as  civil  courts  in  cases  within  their  cogni-  Re  Davidson,  22 
zancej  their  proceedings,  though  erroneous,  can  not  be  i!*^,'1  cis3;5  Re 
reviewed  collaterally  by  habeas  corpus,  those  in  the  Army  ' 


and  Navy  having  surrendered  their  right  of  trial  by  the  sawyer,  25'  23 

Civil  COUrtS.  Srte  Mi8lL%nE4 

Wall.,  123;  Ex 
parte  Kearuey,  7 
Wheat.,  38;  Ex 
parte  Keed,  100 
U.  S.,  13;  Ex 
parte  Watkins,  3 
Pet.,  393;  State 
w.  Stillman,  7 
Cold.  (Tenn  ), 
341;  Tennessee  v. 
Hibdom,  23  F.R., 
795;  20  Rep.,  38; 
11  A.  G.  Op.,  297; 
Gould  and  Tuck- 
er, notes  on  17.  S. 

(a)  Writ  of  prohibition  does  not  lie  to,  etc.  —  A  writ  of  prohibi-  ^Jj^  m  *  *j  *• 
tion  does  not  lie  to  a  court-martial  to  correct  mistakes  of  g.,  in** 
law  or  fact  within  its  jurisdiction. 


478       LAWS    RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 

(b)  id.;  state  v.  (£,)  Writ  of  prohibition  does  not  lie  to  an  executive  officer. — 
2  Me(s'.  C.MKK     Such  writ  does  not  lie  to  an  executive  officer  like  the  Sec- 
retary of  the  Navy,  not  being  a  member  of  the  court,  but 
merely  convening  it. 

Dynes  v.  (c)  Jurisdiction  of?  may  be  inquired  into. — The  jurisdiction 
irr  cuV.     of  a  court-martial  may  always  be  inquired  into  on  habeas 

_     rv  "¥71     T» 


129;  12  A.  G.  Op., 
128;  .Re  Egaii,  5 

(d)GA.G.Op.,  (d)  Soldier  or  officer  offending  criminally  under  civil  lan\  — 
H3;  id.,  506.  ^  a  go]^jer  or  officer  does  an  act  criminal  under  the  civil 

law  and  military  law,  he  is  to  be  tried  by  the  former  in 
preference  to  the  latter,  under  conditions  and  limitations 
stated.  A  discharge  or  conviction  in  the  civil  courts  does 
not  relieve  him  from  responsibility  to  the  military  tribu- 
nals for  the  same  offense. 

Holmes  y.  (e)  Army  contractors  subject  to.  —  Army  contractors  are  sub- 
i^u.    j^ct  to  the  rules  of  the  section  cited. 

S.,9C.Cl8.R.,17a 

</)  Babbitt  v.  (/)  Post  traders  subject  to.  —  Post  traders  and  sutlers  are 
S^VjuSoi1     subject  to  the  rules  of  the  section  cited. 

323  1  li<L,276.     '' 

(g)  Authorities  tg\  Cadets  subject.  —  Naval  cadets  are  subject  to  the  rules  of 

8ame  as  under/.   W 


(A)  16  A.  G.  Op.  (h)  Civilian  employee  as  quartermaster's  cleric.  —  A  civilian 
employed  as  a  quartermaster's  clerk  is  not  subject  to  the 
jurisdiction  of  a  court-martial. 

(i)  id.  (t)  Superintendents  of  national  cemeteries.  —  Superintendents 

of  national  cemeteries  are  not  subject  to  the  jurisdiction 
of  a  court-martial. 

d)  i  com.  D.,  (j)  Statutesproviding  for  trial  by  court-martial.  —  The  revisers 
have  placed  certain  enactments  as  Articles  of  War,  which 
had  not  previously  borne  that  name,  regarding  a  statute 
providing  for  trial  of  an  offense  by  court-martial  as  amount- 
ing to  an  article  of  war  so  providing. 

(*)  Rev.  stat,,  (k)  Special  counsel.  —  Special  counsel  may  be  employed  by 

o'p^iss?  Ga?-'     the  Attorney-General,  at  the  request  of  the  Secretary 

18851  M*r>  21'     °^  ^e  -^aYy'  ^°  ass^s*i  the  judge  advocate  in  the  trial  by 

court-martial,  the  compensation  of  such  counsel  (in  the 

absence  of  other  provisions)  to  be  paid  from  the  appro- 

priation for  the  contingent  expenses  of  the  Navy.     Such 

counsel  should  be  commissioned  by  the  Attorney-  General 

under  the  section  cited. 

Rev.stat.,8.,366;  Counsel,  employment  of,  for  the  United  States,  —  In  view  of  the 
Hannoii,  July??!  provisions  of  the  statute  cited  the  Secretary  of  the  Navy 
189589Rev  Sar"  ^s  no^  au^nor'ze(i  to  employ  counsel  in  foreign  countries 
act  June  22,'  1870-  to  institute  suit  in  behalf  of  the  United  States  to  recover 
]7-'Si3oPL'5832ir9  f°r  dainagos  caused  to  a  war  vessel  of  the  United  States, 
op.,  328;''u.  s.  v.  but  the  case  should  be  referred  to  the  Department  of  Jus- 
for  attention. 


S.,273,27»,280;  In 
re  Neagle,  135  U. 
S.,  65,  67. 


Act   Aue.   5,  Credited  with  actual  time  of  service.  —  The  opinion  of  Attor- 
i883!i7CA.GaoP3;     ney-General    Brewster,  delivered  June  22,   1883,   says 
555;  case  of  Boat-     that  "the  provisions  of  the  Navy  appropriation  acts, 
ald'     cited,  requiring  all  officers  of  the  Navy  to  be  credited 


FEDERAL  COURT  DECISIONS OPINIONS  ATTORNEY-GENERALS.       479 

with  the  actual  time  they  have  served  as  officers  or 
enlisted  men  in  the  Regular  or  Volunteer  Navy,  etc.,  do 
not  entitle  such  officers  to  any  increased  pay  for  services 
rendered  by  them  prior  to  March  3,  1883." 

Cruisers,  construction  of. — The  Secretary  of  the  Navy  may   i8A.G.oP.,ioi, 
assent  to  a  modification  of  the  contract  for  building  the  §fei885.er'   Jan' 
new  cruisers  where  the  interests  of  the  Government 
will  not  be  prejudiced  or  any  statutory  provision  violated 
thereby. 

(a)  Payments  for. — The  statute  cited  does  not  preclude  a    (<*)  Rev.  stat., 
payment  in  any  case  where  the  money  has  been  actually  op3?4!^!8 Brew- 
earned  and  the  Government  has  received  an  equivalent  8ter.Jan-22.i885- 
therefor;  its  object  is  to  prevent  payment  being  made  to 
contractors  in  advance  of  the  performance  of  their  con- 
tracts, whether  for  services  or  supplies. 

(b)  Steel  cruisers,  construction  of,  authorized.  (&)  25  stat.  L., 

472 ;  24  Stat.  L.,  7, 
151,  154;  23  Stat. 
L.,  262,  292,  433; 
22  Stat.  L.,  291, 
477. 

Death  of  resident  on  naval  reservation. — Where  a  resident  17i9GA^Gje°P- 
on  the  naval  reservation  at  Pensacola,  Fla.,  died  intestate  Act.  A.  G.,  Augl 
possessed  of  certain  property  which  is  in  the  hands  of  the 4>  1888< 
commandant  of  the  yard :  Advised,  that  the  local  probate 
court  of  the  State  may  properly  exercise  jurisdiction  over 
the  case,  and  that  on  the  appointment  thereby  of  an  ad- 
ministrator of  the  estate  of  the  deceased  the  property  in 
the  hands  of  the  commandant  belonging  to  such  estate 
should  be  turned  over  to  the  administrator. 

Deficient  naval  cadets. — Where  certain  naval  cadets  were    Rev.  stat.,  as. 
found  deficient  at  the  semiannual  examination  held  at  stat.'L.,  285J  act 
the  Naval  Academy  in  January,  1889,  and  \vithout  the  ^^2,^1889^15 
recommendation  of  the  Academic  Board  were  granted  637 ;  19  A.PG.OP.', 
leaves  of  absence  by  the  Secretary  of  the  Navy  with  per-  ?f&!Jflkari  May 
mission  to  report  to  the  Superintendent  of  the  Academy 
to  join  the  next  fourth  class :  Held,  that  the  Secretary  had 
no  power  to  continue  these  cadets  in  the  Academy  with- 
out the  recommendation  of  the  Academic  Board. 

Department,  Navy. — Employees  and  salaries.  4i3^Si8atstet.1L3> 

11,  ch.  4. 

Departmental  clerks,  delegation  of  power.  —  Departmental  18^c*h  f^'s  ? • 
clerks,  messengers,  and  laborers  are  to  be  appointed  and  Rev',  stat.,  a.  leo,' 
removed  by  the  head  of  the  Department  when  not  other-  and  476°;  21 A.1^4 
wise  provided  by  statute.  This  power  can  not  be  dele-  OP-'  3^5.'  sives 
gated,  but  must  be  exercised  by  the  Secretary  or  Acting  Harmon! May°26,' 
Secretary.  1896- 

Desertion,  enticing  seamen  to  commit,  what  constitutes  the    *evVTStacM  8' 

~»  ,          °  .    ,  ,    ,,  /,  7  1553;     U.     S.     V. 

offense,  and  punishment  therefor.  Thompson,  2 

Sprague,  165. 

Detail  for  duty,  Marine  Corps.— The  Secretary  of  the  Navy  Re26|tat,  L.,^2; 
has  authority  to  detail  men  to  guard  and  protect  property  act  kar.  *a,  isos- 
of  the  Government  placed  on  exhibition  at  the  World's  oi^'jjSfe  5i9i 
Columbian  Exposition.    The  cost  of  transportation  and  1893.  ' 
sustenance  of  such  detail  must  be  paid  from  the  fund  pro- 
vided for  the  Marine  Corps  and  its  subsistence,  and  is 
only  limited  by  the  consideration  of  the  question  whether 


480   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

there  are  sufficient  funds  available  for  that  purpose,  as 
to  which  the  Secretary  of  the  Navy  is  the  sole  judge, 
(a)  20  A.  G.  (a)  Subsistence  of  enlisted  men. — The  Navy  Department  is 
A.prii525'  i89?ey'  authorized  to  pay  for  the  actual  subsistence  of  the  enlisted 
men  of  the  Navy  employed  in  taking  care  of  and  preserv- 
ing the  stores  and  other  Government  property  placed  on 
exhibition  at  the  World's  Columbian  Exposition  under 
the  supervision  of  the  Navy  Department  in  pursuance  of 
law.  The  expenses  necessarily  accruing  out  of  the  trans- 
portation and  subsistence  of  the  marines  detailed  for 
that  purpose  may  be  paid  from  the  fund  provided  for  the 
Marine  Corps  and  its  subsistence. 

Act  Aug.  5,  Detail  of  clerks. — It  is  competent  for  a  head  of  a  Depart- 
iS than'  38pium-  m^nt  to  alter  the  disposition  among  the  various  bureaus 
mer«.u.s.,24C.  and  officers  of  the  Department  of  the  clerks  allowed  by 
state's?1 166^27  law  as  he  may  find  it  necessary  and  proper  to  do,  taking 

2u*'2o'A.6Gloch*  care  *na^  *n  nc!  case  sna^  any  sucn  clerk  be  paid  from 
25o,;  oiney,  Mar!  any  appropriation  made  for  contingent  expenses  or  for 
21,  ISM.  any  specific  or  general  purpose,  unless  such  payment  is 

specifically  provided  for  in  the  law  granting  the  appro- 
priation. 

But  by  act  of  May  28, 1896  (29  Stats.  L.,  140,  sec.  3)  all 
details  must  be  made  by  written  order  of  the  head  of 
the  Department,  and  must  not  exceed  one  hundred  and 
twenty  days;  but  may  be  renewed  from  time  to  time. 
Rev.  st»t.,  s.  Detail  of  officers  on  retired  list. — In  time  of  war  the  Presi- 
dent, by  and  with  the  advice  and  consent  of  the  Senate, 
may  detail  officers  on  the  retired  list  for  the  command  of 
squadrons  and  single  ships,  when  he  believes  that  the 
good  of  the  service  requires  that  they  shall  be  so  placed 
in  command. 

(a)  i  com.  D.,  (a)  Revisers'  views. — The  revisers  regarded  these  provi- 
sions as  referring  to  the  late  war  and  as  not  adapted  to 
the  conditions  of  the  service  at  the  time  of  the  revision. 
Rev.  stat.,  s.  Discharge,  manner  of. — The  statute  of  March  3, 1875,  chapter 
1422;  is   tat.L.,     155^  inserts  u  or  pacific  »  after  "Atlantic  "  in  second  and 

last  lines;  inserts,  after  "States,"  in  third  line,  "as  their 
enlistment  may  have  occurred  on  either  the  Atlantic  or 
Pacific  Coast  of  the  United  States;"  substitutes  "enlist- 
ment'1 for  " service"  in  fifth  line;  strikes  put  "  very  "  in 
the  sixth  line,  and  adds  at  end  of  the  section : 

All  persons  enlisted  within  the  limits  of  the  United 
States  may  be  discharged,  on  the  expiration  of  their 
enlistment,  either  in  foreign  port  or  in  a  port  of  the 
United  States,  or  they  may  be  detained  as  above  pro- 
vided beyond  the  term  of  their  enlistment;  and  that  all 
persons  sent  home,  or  detained  by  a  commanding  officer, 
according  to  the  provisions  of  this  act,  shall  be  subject 
in  all  respects  to  the  laws  and  regulations  of  the  govern- 
ment of  the  Navy  until  their  return  to  an  Atlantic  or 
Pacific  port  and  their  regular  discharge;  and  all  persons 
so  detained  by  such  officer,  or  reeiitering  to  serve  until 
the  return  to  an  Atlantic  or  Pacific  port  of  the  vessel  to 
which  they  belong,  shall  in  no  case  be  held  in  service 
more  than  thirty  days  after  their  arrival  in  said  port; 


FEDERAL  COURT  DECISIONS OPINIONS  ATTORNEY-GENERALS.       481 

and  that  all  persons  who  shall  be  so  detained  beyond 
their  terms  of  enlistment,  or  who  shall,  after  the  termina- 
tion of  their  enlistment,  voluntarily  reenter  to  serve  until 
the  return  to  an  Atlantic  or  Pacific  port  of  the  vessel  to 
which  they  belong,  and  their  regular  discharge  there- 
from, shall  receive  for  the  time  during  which  they  are  so 
detained,  or  shall  so  serve,  beyond  their  original  terms 
of  enlistment,  an  addition  of  one-fourth  of  their  former 
pay:  Provided,  That  the  shipping  articles  shall  hereafter 
contain  the  substance  of  this  section. 

Dropping  an  officer  from  the  rolls. — The  sections  cited  change  12ifvi23otat''  ac8t 
and  make  certain  the  previous  laws  as  to  the  effect  of  July  15,  isVo,  ch. 
dropping  an  officer  from  the  rolls.  2S&Y&8B; 

ch.  79,'  s.  12,  13 
Stat.  L.,  489;  act 
July  20, 1868,  ch. 
185;  Stat.  L.,  125; 
1  Com.  D.,  611. 

(a)  "Any  officer  dismissed." — This  phrase  in  section  1230,  ggw  ^j*-^ 
cited,  is  prospective  only.  case,  a  A?G.  op.*! 

328* 

Eight  hours  to  be  a  day's  work. — "Eight  hours  shall  consti-    «ev.  stat.,  8. 
tute  a  day's  work  for  all  laborers,  workmen ,  and  mechanics    ' 
who  may  be  employed  by  or  on  behalf  of  the  Government 
of  the  United  States." 

(a)  In  the  nature  of  a  direction. — This  is  in  the  nature  of  a  >)Tr.s.v.Mar- 
direction  by  the  Government  to  its  agents ;  it  is  not  a  con-  ^ct/cYs'.  ii'.tzm\ 
tract  between  the  Government  and  its  laborers,  and  does  J<>  ^  g-  °P'.  j>8- 
not  preclude  it  from  making  contracts  fixing  a  different  12  A.' G.'op.'.W 
length  of  time  as  a  day's  work. 

(b)  Does  not  apply  in  certain  cases. — The  section,  3738,  cited,    (&)  14  A.G.OP., 
does  not  apply  to  mechanics,  workmen,  and  laborers  who 3?1 45> 

are  employed  by  one  who  has  a  contract  with  the  Govern- 
ment. 

(c)  Hours  of  labor  in  private  navy-yards. — The  section  cited    (<?)  12  sut.  L., 
repeals  so  much  of  the  act  of  1862,  cited,  as  required  that  SJi 

the  hours  of  labor  in  navy-yards  should  conform  to  those  2(w- 
of  private  establishments,  but  not  that  part  of  it  which 
required  that  the  rate  of  wages  should  conform  to  the 
rate  paid  at  such  establishments. 

(d)  No  recourse  if  pay  is  accepted  for  twelve  hours  as  a  daifs  rr 

1  T         1  J  J_l  />  J_l  A*  'J_         "I        •/»  1  U*     "'I 

ivork. — Independently  of  the  section  cited,  if  an  employee  R.,  15. 
in  the  public  service  works  twelve  hours  per  day,  is  paid 
and  accepts  the  payment,  he  can  not  be  heard  to  allege 
that  every  eight  hours  constituted  a  day's  work  under 
the  section. 

Persons  in  employ  of  contractors,  etc. — The  act  of  August    Act  of  Aus- 1. 
1,  1892,  chapter  352,  is  of  general  application  and  the 
limitation  as  to  public  works  in  said  act  applies  only 
to  such  persons  as  are  in  the  employ  of  contractors  or 
subcontractors. 

Laborers  or  mechanics. — The  act  is  directly  applicable  to  to°t^ 4^JJjJjy 
laborers  or  mechanics  working  for  the  Government  for  of  war,  Aug.  27, 
wages  under  ordinary  conditions;  "  at  the  same  time,  it1892- 
is  quite  apparent  that,  as  to  some  of  them,  it  might  fre- 
quently happen  that  they  would  be  within  the  emergency 
exception  named  in  the  statute;  and  as  to  others,  as,  for 
instance,  sailors  or  others  on  shipboard,  or  teamsters, 
376 31 


482   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS;  ETC. 

their  employment  being  peculiar,  they  might  well  beheld 
to  be,  as  a  matter  of  fact,  neither  laborers  nor  mechanics 
within  the  meaning  of  this  law. 

20  op., 454.      Eight  hour  laic,  application  of. — The  eight-hour  law  does 
not  apply  to  a  contract  for  furnishing  materials  such  as 
post-office  locks  to  be  used  in  a  Government  building. 
t  Timber  dry  dock,  or  public  work. — A  timber    dry  dock 
Aug.  19, 1892.         « intended  to  be  a  valuable  and  permanent  improvement 
of  real  estate  belonging  to  the  United  States  and  solely 
for  its  use  and  benefit  is  to  be  regarded  as  one  of  the 
"public  works  of  the  United  States  under  the  eight- 
hour  law. 

8  Eligibility  to  cadetship  in  the  Naval  Academy  in  respect  of 
315,320.  age.  • 

Rev.  stat    a.  Engineers. — The  statute  changes  the  title  of  first  assist- 

4i7,  ;4i9;'Rev':     ant  engineer  to  passed  assistant  engineer,  and  that  of 

1X24  lim  ch*     second  assistant  engineer  to  assistant  engineer,  provided 

35;  is  stat.  L.,  ?.'     that  the  regulations  relating  to  examinations  and  amount 

of  sea  service  previous  to  each  examination  be  complied 

with. 

322a)act¥eb' 26  (a)  Twenty -five  such  engineers  may  be  detailed  for  such 
1879,  ch.  io5.'  scientific  schools. — The  President  is  authorized  by  stat- 
ute, upon  the  application  of  an  established  scientific 
school  or  college  within  the  United  States,  to  detail  an 
officer  of  this  corps  as  professor  in  such  school  or  col- 
lege, the  number  detailed  not  to  exceed  twenty-five  at 
any  time;  and  such  details,  which  are  to  be  governed 
by  rules  prescribed  by  the  President,  may  be  withheld 
or  withdrawn  whenever,  in  the  judgment  of  the  Presi- 
dent, the  public  service  so  requires. 

8/]394;evsfaw' W  Chartering  steamers. — A    naval  engineer  derives    no 
sou's  case,  4  c.     authority  from  his  office  alone  to  charter  a  steamer  for 

the  use  of  the  Quartermaster's  Department. 

».{um?v&S8tAt.  (c)  President  to    appoint    chief  engineer. — Statutes    cited 

JL.,  340'  ch.  sis.     authorize  the  President  to  nominate  and,  by  and  with 

1390. "°  the  advice  and  consent  of  the  Senate,  to  appoint  one 

passed  assistant  engineer,  now  on  the  retired  list  of  the 

Navy,  a  chief  engineer  on  the  retired  list  of  the  Navy, 

with  the  highest  retired  pay  of  that  grade. 

m$JK*iJS?d  (a)  Nongraduates.—The>  first  section  cited  (1484)  operates 
A.' G.  op.,  336 j  21  as  an  exception  to  the  latter  section  cited  (1486)  by 
excluding  therefrom  engineer  officers  graduated  at  the 
Naval  Academy.  Engineer  officers  not  so  graduated 
stand  on  the  same  footing  with  other  staff  officers,  and 
are  entitled  to  the  six  years'  constructive  service. 

The  act  cited  (21  Stat.  L.,  p.  510,  ch.  150)  adds  at  the 
end  of  the  section  (I486)  the  following  provision:  "That 
nothing  in  this  section  shall  be  so  construed  as  to  give 
to  any  officer  of  the  staff  corps  precedence  of,  or  a  higher 
relative  rank  than  that  of,  another  staff  officer  in  the 
same  grade  and  corps,  and  whose  commission  in  such 
grade  and  corps  antedates  that  of  such  officer." 

isss*  cVt59illy25  (^  Cadet  engineers.— The  section  cited  provides :  "  That  for 
stat.  £.,' 24i.'         the  purpose  of  placing  certain  cadet  engineers  (gradu- 


FEDERAL  COURT  DECISIONS OPINIONS  ATTORNEY-GENERALS.      483 

ates)  in  their  proper  grade  and  rank  in  the  Navy,  the 
President  of  the  United  States  be,  and  is  hereby,  author- 
ized to  appoint,  and,  by  and  with  the  advice  and  consent 
of  the  Senate,  commission  as  assistant  engineers  in  the 
Navy  the  cadet  engineers  of  the  classes  of  1881  and  1882 
now  in  the  Navy :  Provided,  That  the  commissions  of  the 
class  of  1881  be  dated  from  July  1, 1883,  and  their  names 
be  placed  on  the  Navy  Eegister  immediately  after  the 
name  of  William  D.  Weaver,  and  that  they  take  pre- 
cedence in  their  grade  and  corps  according  to  their  pro- 
ficiency as  shown  by  their  order  of  merit  at  the  date  of 
graduation ;  and  that  the  commissions  of  the  class  of  1882 
be  dated  from  July  1, 1884,  and  their  names  be  placed  on 
the  Navy  Eegister  immediately  after  the  name  of  Charles 
E.  Eommell,  and  that  they  take  precedence  in  their  grade 
and  corps  according  to  their  proficiency  as  shown  by  their 
order  of  merit  at  the  date  of  graduation :  Provided,  That 
any  of  such  cadet  engineers  who  failed  to  pass  the  physi- 
cal examination  at  the  Naval  Academy  made  at  the  time 
of  their  graduation  shall  be  subjected  to  further  exami- 
nations before  receiving  their  appointments,  as  above 
authorized." 

(/)  Appointed  annually. — The  statute  of  June  22, 1874,  chap-  g  5{2)3^v<a^> 
ter  392,  repeals  so  much  of  the  provision  in  section  1523  peaiedn?yr  act 
as  provides  that  cadet  engineers,  not  to  exceed  fifty  in  jS^is 's£t '  i?' 
number,  shall  be  appointed  by  the  Secretary  of  the  Navy,  191 .' 
and  provides,  repealing  inconsistent  acts,  that  cadet 
engineers  shall  hereafter  be  appointed  annually  by  the 
Secretary  of  the  Navy,  and  the  number  appointed  each 
year  shall  not  exceed  twenty-five. 

(</)  By  statute  of  February  24,  1874,  chapter  35,  section  2,    (g)^-  stat., 
the  course  of  instruction  at  the  Naval  Academy  for  cadet  L.,1!?4'  lf 
engineers  shall  be  for  four  years,  instead  of  two  as  now 
provided  by  law. 

Engineer  Corps. — The  active  list  of  the  Engineer  Corps  of  the  22  stat.  L.,  285 ; 
Navy  shall  hereafter  consist  of  ten  chief  engineers  withac 
the  relative  rank  of  captain,  fifteen  chief  engineers  with 
the  relative  rank  of  commander,  forty-five  chief  engineers 
with  the  relative  rank  of  lieutenant- commander  or  lieuten- 
ant, sixty  passed  assistant  engineers  and  forty  assistant 
engineers  with  the  relative  rank  for  each  as  now  fixed  by 
law ;  and  after  the  number  of  officers  in  the  said  grades 
shall  be  reduced  as  above  provided,  the  number  in  each 
grade  shall  not  exceed  the  reduced  number  which  is  fixed 
by  the  provisions  of  this  act  for  the  several  grades. 

Not  to  be  reduced  in  rank. — No  officer  now  in  the  service    See  "Active 
shall  be  reduced  in  rank  or  deprived  of  his  commission  Ll8t'p'~' 
by  reason  of  any  provision  of  the  act  of  August  5, 1882, 
cited,  reducing  the  number  of  officers  in  the  several  staff 
corps :  Provided,  That  no  further  appointments  of  cadet 
engineers  shall  be  made  by  the  Secretary  of  the  Navy 
under  section  three  of  the  act  of  1874  [by  which  such  ap- 
pointments shall  not  exceed  twenty-five  each  year]. 


484       LAWS   RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

Rev.  stat.,  a.  Enlisted  men,  number  of. — The  number  of  persons  who  may 
34Cb;  52repteais1in     a*>  one  time  ^e  enlisted  into  the  Navy  of  the  United  States, 
part  c'h.  159,  19     including  seamen,  ordinary  seamen,  landsmen,  mechanics, 
ne^ section  adds     firemen,  coal  heavers,  and  including  seven  hundred  and 
^coaTheavers*^     n^7  apprentices  and  boys,  hereby  authorized  to  be  en- 
listed annually,  shall  not  exceed  eight  thousand  two  hun- 
dred and  fifty:   Provided,   That  in  the  appointment  of 
warrant  officers  in  the  naval  service  of  the  United  States 
preference  shall  be  given  to  men  who  have  been  honorably 
discharged  upon  the  expiration  of  an  enlistment  as  an 
apprentice  or  boy,  to  serve  during  minority,  and  reen- 
listed  within  three  mouths  after  such  discharge,  to  serve 
during  a  term  of  three  or  more  years:  Provided  further, 
That  nothing  in  this  act  shall  be  held  to  abrogate  the 
provisions  of  section  fourteen  hundred  and  seven. 
(a)  Rev.  stat.,  (a)  Honorable  discharges  may  be  granted. — Honorable  dis- 
8-1426-  charges  may  be  granted  to  seamen,  ordinary  seamen, 

landsmen,  firemen,  coal  heavers,  and  boys  who  have  en- 
listed for  three  years. 
(&>  Act  of  Mar.  (b)  Enticing  seamen  to  desert. 

2,  1855,  ch.  136,  s.  v    ' 
11;  10   Stat.  L., 
628;    U.    S.    v. 
Thompson,     2 

P(c^3e'stat.  L.,  (c)  Entitled  to  a  ration,  etc. — Enlisted  men  attached  to  any 
United  States  vessel  or  station  on  duty  shall  be  entitled 
to  a  ration  or  commutation  thereof. 

isS-^'ISr'I'W  ^^a*  constitutes  enlistment. — Under  the  act  of  1855, 
i855,'ch.i36.8.ii';  chapter  136,  section  11,  a  seaman  who  had  passed  his 
MofV'sprague,*  examination  at  the  naval  rendezvous,  but  had  not  been 
103.'  examined  and  passed  on  the  receiving  ship,  was  held  not 

to  be  enlisted. 


19  A.G.op?6i6Enli8ted  men  °f  tne  Marme  Corps. — The  act  of  February  9, 
MiiieV,  July  si,'     1889,  cited,  to  provide  for  the  deposit  of  the  savings  of 
seamen  of  the  United  States  Navy,  does  not  extend  to 
enlisted  men  of  the  Marine  Corps. 

]6(a)i89o*°Beve  (a)  ^revent  desertions,  etc. — The  provisions  of  section  1  of 
Stet.,8.i6i2.  the  act  cited  under  (a)  entitled  "An  act  to  prevent  de- 
sertions from  the  Army,  and  for  other  purposes,"  are 
applicable  to  enlisted  men  of  the  Marine  Corps  by  force 
and  effect  of  the  section  cited ;  but  those  of  sections  2, 
3,  and  4  of  that  act  are  inapplicable  thereto. 

JMSfJ^JS!  Ensigns.— The  act  of  June  26,  1884,  cited,  provides  that 
from  and  after  the  passage  of  this  act  all  graduates  of 
the  Naval  Academy  who  are  assigned  to  the  line  of  the 
Navy  on  the  successful  completion  of  the  six  years'  course 
shall  be  commissioned  ensigns  in  the  Navy. 

(a)  sec.  2.          (a)  Grade  of  junior  ensign  abolished. — That  the  grade  of 

junior  ensign  in  the  Navy  is  hereby  abolished,  and  the 
junior  ensigns  now  on  the  list  shall  be  commissioned 
ensigns  in  the  Navy :  Provided,  That  nothing  in  this  act 
shall  be  so  construed  as  to  increase  the  number  of  officers 
in  the  Navy  now  allowed  by  law. 

(b)  sec. s.          (&)  Repeal— That  all  acts  and  parts  of  acts  inconsistent 

with,  the  provisions  of  this  act  be,  and  the  same  are 
hereby,  repealed. 


FEDERAL  COURT  DECISIONS — OPINIONS  ATTORNEY-GENERALS.      485 

Envelopes,  purchase  of,  opinion  of  Attorney-General  respecting. —  Act  July  31, 
The  provisions  of  the  act  cited  make  it  obligatory  upon  A9a.coP1704fMay 
the  Comptroller  of  the  Treasury  to  render  a  decision  upon 22- 1895.  affirmed; 
any  question  involving  a  payment  to  be  made  by  or  under  oi^eyf  May  ^ 
the  head  of  any  Executive  Department,  and  contemplate 1895< 
the  construction  by  him  of  statutes. 

(a)  Contract  for  envelopes. — A  question  regarding  the  con-    (a)  ibid.  Act 
struction  of  the  section  cited  under  (a),  which  provides  23,ns.  %. 1895>  cb' 
that  "the  Postmaster- General  shall  contract  for  all  envel- 
opes, stamped  or  otherwise,  designed  for  sale  to  the  pub- 
lic, or  for  use  by  his  own  or  other  Departments,  and  to 

be  of  sufficient  importance  to  warrant  its  submission  to 
the  Attorney-General  for  his  opinion  thereon." 

(b)  Repealed  by  implication. — The  conclusion  that  a  statute    (&)  SA.G.OP  , 
is  repealed  by  implication  is  only  reached  when  there  is  ^  lited^!0^'. 
irreconcilable  conflict  and  when  the  two  statutes  can  not  o.  bp.,  isi. 

by  reasonable  construction  stand  together;  and  in  meas- 
uring the  legislative  intent  as  to  the  scope  to  be  given  to 
a  statute  in  its  operation  upon  previous  statutes,  not  spe- 
cifically referred  to,  a  consideration  of  the  effect  upon 
the  public  welfare  must  necessarily  be  taken  in  view. 

(c)  Has  no  application. — Applying  the  rule  of  construction    (c)  R6V.  stat., 
stated  in  paragraph  (6),  and  construing  the  provisions  of 88-3709'  371°- 
section  96  of  the  act  of  January  12, 1895,  in  connection 

with  the  sections  cited  under  (c),  held  that  the  section  of 
the  act  of  1895,  referred  to,  has  no  application  when  an 
exigency  may  require  an  immediate  delivery  of  envelopes 
to  a  particular  Department,  and  the  public  service  might 
be  seriously  impaired  by  the  necessity  of  a  requisition 
upon  the  Postmaster-General. 

(d)  Exigency. — In  the  event  of  an  exigency  requiring  an    (<*)  2iA.G.Op., 
immediate  delivery  of  envelopes,  the  provisions  of  theJSj1^116?'  May 
section  cited  under  (d),  and  the  head  of  the  Department    ' 

in  which  the  exigency  exists  may  make  the  purchases 
required  by  the  exigency. 

Estimates  for  pay  of  the  Navy. — The  statute  cited  provides  c£\fl\L->  M5« 
"  That  the  Secretary  of  the  Navy  is  hereby  directed  to  c 
report  to  Congress,  at  its  next  and  each  regular  session  • 
thereafter,  the  amount  expended  during  the  prior  fiscal 
year  from  the  appropriations  for  the  pay  of  the  Navy, 
Bureaus  of  Navigation,  Ordnance,  Equipment  and  Ee- 
cruiting,  Yard  and  Docks,  Medicine  and  Surgery,  Provi- 
sions and  Clothing,  Construction  and  Repair,  and  Steam- 
Engineering,  for  civilians  employed  on  clerical  duty,  or 
in  any  other  capacity  than  as  ordinary  mechanics  and 
workingmen,  and  submit,  under  the  estimates  for  such 
civilian  employees  for  the  fiscal  year  1887,  and  each  fiscal 
year  thereafter." 

Evidence. — That  in  the  trial- of  all    *    *    *    persons  charged  s**v-  stat-'  8- 
with  the  commission  of  crimes,  offenses,  etc.,    *    *    * 
before  courts-martial  and  courts  of  inquiry,    *    *    * 
the  person  so  charged  shall  at  his  own  request,  but  not 
otherwise,  be  a  competent  witness,  and  his  failure  to    comettv  wa- 
make  such  request  shall  not  create  any  presumption  liama,  20  waii., 
against  him.    He  may  testify  orally  or  by  deposition. 


486   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Rev.  stat.,  a.  Examination,  temporarily  suspended.  —  If  after  a  naval  officer 

i5oo;  iGA.G.op.,     jjas  appeared  before  an  examining  board  the  examination 

is  temporarily  suspended,  and  he,  being  given  permission 

to  be  absent  at  home  until  notified,  fails  to  receive  notice 

until  after  the  examination  is  concluded  and  he  is  retired, 

being  thus  debarred  the  right  of  presenting  material  tes- 

timony in  his  defense,  the  President  may  revoke  his  action 

in  approving  the  proceedings  and  findings  of  the  board 

for  the  purpose  of  allowing  the  officer  a  rehearing. 

Rev.  stat.,  s.  Extra  compensation,  —  If  a  retired  officer  is  designated  by  Con- 

i4ii  •  uSgwv'.     gress  to  perform  services  which  could  not  be  required  of 

s.,  ib  c.  cis/B.,     him,  such  as  the  superintendence  of  the  erection  of  a  pub- 

lic building,  he  may  receive  extra  compensation  therefor. 

Rev.^stat.^  s.  Failing  in  examination.  —  The  loss  of  date  need  not  be  con- 

st?5 :  temporaneous  with  the  term  of  suspension,  but  must  agree 

therewith  in  point  of  duration. 
,'  Fleet  paymaster.  —  No  designation  other  than  that  made  by 


G7o  15^  1Gar-     ^ne  President  entitles  a  naval  paymaster  to  the  place  and 
iand,APr.2i,i885!     perquisites  of  paymaster  of  the  fleet. 

(a)  is  A.  G.  (a)  Retired  on  furlough  pay.  —  An  officer  retired  on  furlough 
pay  is  to  be  paid  according  to  the  provisions  of  section 
1593  of  Eevised  Statutes. 

Rev.  stat.,1587.  Funeral  expenses.  —  The  expenses  of  the  funeral  of  an  officer 
who  dies  in  a  foreign  country  while  on  duty  there,  equal 
to  one  month's  sea  pay,  shall  be  defrayed,  etc. 

13  A.  G.  Op.,  But  in  the  case  of  a  naval  officer  who  has  started  on  a 
foreign  service,  but  dies  in  a  United  States  port  at  which 
his  vessel  touches,  this  statute  does  not  apply.  It  comes 
within  the  prohibition  of  the  statute  cited. 

i5&vf8taA.14G.'  Plough  pay.  —  4n  officer  retired  on  furlough  pay  under 
op.,'  96.   Brew'-     section  1454,  cited,  can  not  be  transferred  on  the  retired 

pay  list  under  second  section  cited  with  increase  of  pay; 

such  increase  is  forbidden  by  the  act  of  August  5,  1882, 

chapter  391. 
(a)  id.  (a)  Transferred  to  the  retired  pay  list.  —  Nor  can  an  officer 

be  simultaneously  retired  on  furlough  pay  and  trans- 

ferred to  the  retired  pay  list,  so  as  to  give  him  the  pay 

of  the  latter. 
Application  of  the  law.  —  Section  cited  does  not  apply 


?e  A3G'o"*S'     to  officers  retired  on  furlough  pay. 

15925*'  stat'  '  8'  Gra<le  Pay-  —  The  term  "  grade  :"  "  Officers  on  the  retired 
list,  when  on  active  duty,  shall  receive  the  full  pay  of 
their  respective  grades." 

(a)  Increase  of  pay.  —  Navy  officers  on  the  retired  list  are 
not  entitled  to  increase  of  pay  by  reason  of  longevity 
while  thereon.  The  periods  of  five  years'  service  con- 
templated by  this  statute  for  increase  of  pay  are  grades 
within  section  1588. 
^  Grade.—  The  term  "grade"  refers  to  the  divisions  of 

ii.,339.'  officers  into  five-years  periods  of  service.    A  chief  engi- 

neer retired  in  the  third  period  of  five  years'  service  is 
entitled  to  75  per  cent  of  the  sea  pay  of  that  grade,  and 
not  to  the  highest  pay  of  a  chief  engineer  who  has  served 
over  twenty  years, 


FEDERAL  COURT  DECISIONS — OPINIONS  ATTORNEY-GENERALS.      487 


'Graduating  examinations." — These  words  mean  that  exami-    Rev.  stat. 

1519;    15      • 
Op.,  637. 


nation  which,  under  the  regulations  of  the  Naval  Acad-  o5D%375  A'  G' 


emy,  takes  place  after  the  prescribed  term  of  sea  service 
has  been  performed.  Assignments  of  relative  rank,  as 
between  members  of  the  same  class,  based  upon  results 
of  such  examination,  are  in  conformity  with  law. 

Gunners. — The  power  of  the  Secretary  of  the  Navy  to  ap-  Rev.  stat.,  s. 
point  acting  gunners  is  authorized  by  section  1410,  Ee-04p°;  5^.  ^u^ 
vised  Statutes.  Such  gunners,  however,  are  not  petty  w.  it.  s.  19  c.  cis. 
officers.  Acting  gunners  are  liable  to  dismissal  at  thec^fUXjw.'8 
will  of  the  Secretary. 

Gunboats,  appropriations  for. — The  act  cited  contemplates  con-    Act   Mar.  3, 
struction  of  light  draft  protected  gunboats  of  steel,  and^3,  ch.2^;  Jjj* 
does  not  authorize  the  building  of  such  gunboats  on  thesojv  stat!  L.[ 
"composite  plan,"  a  vessel  of  which  some  other  material  l\^  oi^'yG June 
than  steel  forms  a  substantial  integral  part.    If  it  be  the  1, 1893. 
fact  that  in  naval  architecture  the  term  "steel,"  as  de- 
scriptive of  a  vessel,  has  a  special  meaning,  and  includes 
a  vessel  built  on  the  composite  plan  as  well  as  a  steel 
vessel  proper,  an  opposite  conclusion  might  be  reached. 

Hazing, — Hazing  at  the  Academy  is  made  punishable  by    is  stat  L.,  203 ; 
dismissal,  upon  the  finding  and  recommendation  of  a^i™.6!^8™; 
court-martial  of  not  less  than  three  commissioned  officers  °P-«  80-' 
and  the  approval  of  the  superintendent,  and  such  dis- 
missal makes  the  offender  ineligible  to  reinstatement  or 
reappointment. 

(a)  To  constitute  the  offense  of  "hazing"  at  the  Naval  Acad-  29ia)08^'.aof' 
emy  under  the  act  cited,  it  is  essential  that  the  victim  iiveredpNo°v.  12, 
should  be  a  new  cadet  of  the  fourth  class.    Hence,  unless 1885)  b^  Garland- 
the  charge  against  the  accused  alleges  that  the  victim 

was  a  new  cadet  of  the  fourth  class,  a  court-martial  or- 
ganized under  the  statute  would  have  no  jurisdiction  over 
it.  An  allegation  that  the  victim  was  a  candidate  for 
appointment  or  admission  to  the  Academy  is  insufficient. 

(b)  "An  older  cadet"— Where  a  cadet  entered  the  Naval <&> " A.G.OP., 

11  T  /.   j-i        «         11       i  .      507,     Garland, 

Academy  and  became  a  member  of  the  fourth  class  mNov.  IG,    i886; 

1885,  and  also  remained  a  member  of  the  same  class  in  Nov2.9i2Gi885and' 

1886,  he  is  at  the  latter  period  as  much  an  "older  cadet" 
within  the  definition  of  the  offense  of  "hazing"  as  a  cadet 
who,  having  enterecl  the  Academy  at  the  same  time  (1885), 
has  since  been  advanced  to  a  higher  class  and  (equally 
with  the  latter)  is  capable  of  committing  the  offense. 

(c)  Cadet  of  second  class. — Where  the  record  of  the  proceed-  37<c>  ^^f^'1 
ings  of  a  court-martial  in  the  case  of  a  naval  cadet  of  theMaV.i2,i88ean 
second  class,  who  was  tried  under  the  act  of  June  23, 

1874,  for  the  offense  of  hazing,  showed  that  the  acts  com- 
plained of  were  pulling  the  nose,  striking  at,  striking,  and 
otherwise  maltreating  a  naval  cadet  of  the  fourth  class: 
Held,  that  these  facts,  in  conjunction  with  other  circum- 
stances, present  a  case  containing  all  that  is  essential  to 
constitute  the  offense  of  hazing  within  the  meaning  of  the 
statute,  and  that  the  court  had  jurisdiction  of  the  com- 
plaint. 


488   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

u.s.t.  Bank  of  Head  of  a  Department,  —  Iii  general,  the  head  of  a  Depart- 
pS^TT^s.'l5  ment  can  not  supervise  or  reverse  the  decisions  and  acts 
cobb,iiF.R.,76;  of  his  predecessors. 

LavalettetJ.  U.S., 
1  C.  Cls.R.,  147; 
5A.G.Op.,28,87, 
122,  664;  2  id.,  110, 
463;  3  id.,  684;  8 
id.,214;llid.,189; 
12  id.,  169,  355;  13 

ld(afu9  A.'  '&."(«)  Interference  with.  —  When  such  a  head  has  rightfully 

Op.,  117.  assumed  jurisdiction,   another  coordinate  Department 

should  not  interfere  with  its  control  of  the  particular  case. 

(b)  is  A   G.  (&)  Delay  of  action  by.  —  Delay  of  action  by  the  head  of  a 
op.,  113.  Department  should  not  be  allowed  at  the  request  of  a 

committee  of  Congress. 

(c)  7A.G.op.,  (c)  Certify  %  delegation.  —  The  head  of  a  Department  can 

not  certify  by  delegation  when  not  authorized  to  do  so 
by  Congress. 

(d)20A.G.oP.,  (d)  Personal  liability  of.  —  The  head  of  a  Department  incurs 
no  personal  liability  by  executing  an  instrument  which 
should  not  have  been  executed,  if  he  acts  in  reliance  upon 
properly  chosen  subordinates  whose  ability  and  good  faith 
he  has  no  reason  to  doubt. 


S624  "R°88>  l  ***£n  seaSf  —  ^ne  wor(is  "high  seas"  mean  any  waters  on  the 
seacoast  which  are  without  the  boundaries  of  low-  water 
mark,  although  such  waters  may  be  in  a  roadstead  or  bay 
within  the  jurisdictional  limits  of  a  foreign  government. 
U  Mason'  ^  Fauces  terrcB.  —  The  uninclosed  waters  of  the  ocean  on 
29(K  the  seacoast  outside  the  fauces  terrce  are  also  included 

in  the  words  "high  seas." 

Act  Jan.  4,  1889,  Hospital,  Marine,  Service.  —  The  provision  in  the  statute  cited 

G.'op'.8'296.19  A'     that  "  no  officer  shall  be  promoted  to  the  rank  of  passed 

assistant  surgeon  until  after  four  years'  service,"  applies 

to  all  assistant  surgeons  in  the  Marine-Hospital  Service 

without  any  exception. 

5921ohieG''s?'1t  Hydrographic  Office,  purchase  of  supplies.  —  All  purchases  and 
22;i894Uey  contracts  for  supplies  in  any  of  the  Departments  of  the 

Government  must  be  made  by  advertisement    unless 
immediate  delivery  is  necessary. 

87w^Vacf  Jui  2?'  (a)  ^ne  ^rs*  *wo  sentences  of  the  section  cited  as  amended 
1894,'  ch.  22;  'act  by  the  acts  cited  apply  to  purchases  anywhere  in  the 
Apr.  21,  1894,  ch.  united  States.  The  remaining  three  sentences  apply 

only  to  purchases  in  the  city  of  Washington. 

(b)  Act  Apr.  21,  (b)  The  word  u  miscellaneous,"  in  the  urgent  deficiency  act, 
cited,  must  be  restricted  to  that  class  of  commodities 
which  must  be  purchased  on  a  considerable  scale  and 
used  alike  by  many  or  all  of  the  various  Departments  and 
Government  establishments  in  the  city  of  Washington. 

i^v'ustas''  s  IncaPacity?  cause  of,  marks  the  line  between  the  two  classes 
Bnrchard,  125  u!  of  retired  officers  referred  to  in  the  section  cited. 

S.,176;  19  C.  Cla. 
R.,  137;  Potter. 
U.  S.,  125  U.  S., 
173. 

ch21?»tLsu164'  Judge"4dvocate"General'~~The  statute  cited  provides  for  the 
ReV.  st'at.,  29oj  appointment,  for  a  term  of  four  years,  from  the  officers  of 
291  •  the  Navy  or  the  Marine  Corps,  of  a  Judge-  Advocate-Gen- 


FEDERAL  COURT  DECISIONS  —  OPINIONS  ATTORNEY-GENERALS.      489 

eral  of  the  Navy,  whose  office  shall  be  in  the  Navy 
Department. 

(a)  Entitled  to  shore  pay  only.  —  Under  the  provisions  of  the    («>  28  c.  of  c., 
act  of  June  8,  1881  (21  Stat.,  p.  164),  an  officer  of  thep*468- 
Navy  serving  as  Judge-  Advocate-General  is  entitled  to 

shore  pay  only. 

(b)  Not  entitled  to  sea-pay  rations.  —  The  provisions  of  the 
Eevised  Statutes  (sec.  1679)  that  "  No  person  not  actually 
attached  to  and  doing  duty  on  board  a  sea-  going  vessel,'7 
with  certain  exceptions,  "  shall  be  allowed  a  ration,"  pre- 
cludes the  allowance  of  a  sea-pay  ration  to  the  Judge- 
Advocate-General,  whose  duty  is  in  the  Navy  Department 
(Leinly  v.  The  United  States,  28  C.  of  C.,  p.  468).    In  this 
decision  the  cases  relating  to  sea  pay,  sea  service,  and 
military  and  naval  allowances  are  examined. 

Lien  laws,  property  of  United  States,  contractors.  —  Assuming    2iA.G.op.,i9, 
that  the  title  to  the  land  on  which  a  dry  dock  is  built, 
and  the  exclusive  jurisdiction  over  it,  are  in  the  United 
States,  the  mechanic's  lien  laws  of  South  Carolina  do  not  S 
operate  thereon,  and  claims  under  such  laws  may  be  JjJJ 
ignored  in  settlements  with  contractors.  p.  ?8. 

Line,  officers  of.  —  The  commissioned  officers  and  warrant    Rev.  stat.,  a. 
officers  on  the  active  list  of  the  Navy  of  the  United  States,  1556t 
and  the  petty  officers,  seamen,  ordinary  seamen,  firemen, 
coal  heavers,  and  employees  in  the  Navy,  shall  be  entitled 
to  receive 

Longevity  pay.  —  The  longevity  pay  is  payable  only  from  the    Young  ».  u.  s., 
date  of  commission,  which  is  the  actual  time  of  the  Presi-  19  c-  Cls-  R"  145- 
dent's  signing  of  the  commission,  and  not  an  antecedent 
date  mentioned  in  its  body. 

(a)  Credit  for  length  of  service.  —  The  statute  of  1883,  chap-    («)  Act  - 
ter  97,  deals  with  the  credit  for  length  of  service  as 


might  have  been  given  when  the  grade  having  graduated  g^s^  eo^  2   c. 
pay  was  first  held  by  an  officer  who  had  served  in  the  v.   Muiiaa,  123 
Volunteer  Navy.    Subsequent  service  is  not  within  it.  id-'  186< 
It  does  not  increase  the  salary  of  a  lower  grade  ante- 
cedently held  by  an  officer.    The  pay  acts  apply  only  to 
the  grades  held  by  officers  while  such  acts  were  in  force. 
Credit  for  length  of  service  can  not  be  given  in  a  grade 
which  did  not  have  graduated  pay  when  held  by  the  offi- 
cer, merely  because  such  pay  was  subsequently  attached 
to  it. 

(b)  Volunteer  officers  entitled  to  credit.  —  Under  the  act  of   (&)  Id- 
1883  a  naval  officer  who  served  in  the  Volunteer  Navy  is 
entitled  to  credit  for  such  service  in  the  lowest  grade  in 
the  Regular  Navy  having  graduated  pay  at  the  time  he 
held  it. 

(d)  Service  at  Naval  Academy.  —  So  service  as  a  midshipman    (&)  TT.  s.  v. 
at  the  Naval  Academy  is  service  as  an  officer  in  the  Navy  Se 

within  the  longevity  acts.  M 

(e)  Service  as  paymaster's  steward  in  Marine  Corps  gives    ^ 
credit.  —  And,  under  those  acts,  an  officer  in  the  Marine  441. 
Corps  who  served  as  paymaster's  steward  is  entitled  to 

be  credited  with  the  time  of  such  service. 


490   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

(/>  Thorniey  v.  ( f)  Retired  officers  not  to  receive  increased  pay  for  longevity. — 
3ib.Si'sc°cE;I'.!  Naval  officers,  when  on  the  retired  list,  whether  commis- 
111 1  Bmwav.u.  sioned  or  warrant,  are  not  entitled  to  increase  of  pay  by 
?s 'oc£ i'.; S?-:  reason  of  longevity. 

(g)  id.  (#)  Increase  of  pay  because  of.— Navy  officers  on  the  retired 

list  are  not  entitled  to  increase  of  pay  by  reason  of  lon- 
gevity while  thereon. 

Rev.  stat.,  B.  Log  book. — The  entries  in  the  log  are  evidence  so  far  only  as 
provided  by  statute. 


19;  Jones  v.  The 
Phrenix,  1  Pet. 
Adm.,  201;  Ma- 
lone  v.  Bell,  id., 
139 ;  Herron  v. 
The  Peggy,  Bee 
Adm.,  57. 

moSanfr'.TRe  (a)  Facts  stated  in  an  official  log  by  those  having  knowl- 
892.  edge  thereof  must,  in  the  absence  of  mistake,  be  taken 

as  true  as  against  the  ship. 

(c)  Jones  v.  The  ^  The  entry  in  the  log  book  is  presumptive  but  not  con- 
DouSsS™;     elusive  evidence  of  its  truth.     It  may  be  disproved. 

Gilpin,  147;  The 
Hercules,  1 
Sprague,  534. 

21  stat.  L.,  290,  Machinists. — The  statute  cited  provides  for  the  pay  of  ma- 
Lh, 2%94243S8*3:     chinists  honorably  discharged  from  the  Navy. 

See  ''Estimates 
for  pay  of  the 

in  re  Doyle,  is  Marine   Corps,  enlistments  therein. — The  Marine  Corps  is 
I'^Balnbridg^,'     part  of  the  Navy,  not  of  the  Army,  and  that  minors  over 
i^  Mason,^7i';     is  may  be  enlisted  therein  without  the  consent  of  parents 
or  guardians  was  held  by  the  Federal  courts. 


Re  Hayes,  15 
Rep.,  259;  Re  Mc- 
Nultv,  2  Lowell, 
270;  tJ.  S.u.Stew- 
art,  Crabbe,  265; 
Re  Gregg,  15 
Wi8.,479;ReShu- 
gru,  3  Mackey, 
323;  Re  Webb,  24 
How.Pr.(N.T.), 
247;  Re  Collins, 

'  (a)  The  parents'  con  sent  might  be  given  after  the  enlist- 

<.  roent,  under  statute  of  January  20,  1813. 

(6)  wiikes  v.  (b)  Marines,  Tioic  regarded.  —  Marines  were  regarded  as  per- 
sons  "enlisted  for  the  Navy"  within  the  statute  of  1837. 


uity,  (c)  Age,  size,  etc.,  of  recruits  for.  —  Until  the  year  1858  there 
IL?.wste2w0art,'  was  no  statute  expressly  regulating  the  age,  size,  citizen- 
crabbe,  265,  HS!  ship,  or  other  qualifications  for  recruits  in  the  Marine 
n^tes,  84s2°iii7!  Corps.  Such  a  contract  may  be  avoided  by  the  minor 
1418-  himself,  by  the  parent  or  guardian,  or  by  the  United 

States. 

(d)  ReShugru,  (d)  Marines  not  enlisted  for  the  Navy.  —  Persons  enlisted  in 

the  Marine  Corps  are  not  enlisted  in  the  Navy. 

(e)  Rev.  stat.,  (e)  Discretionary  poicer.  —  The  statute  of  1861,  chapter  42, 
o'P144ik10ste(s:     section  17,  gave  the  Secretary  of  the  Navy  discretionary 
1246-  power  to  select,  for  the  trial  of  officers  of  the  Marine 

Corps,  such  commissioned  officers,  under  his  control  and 

orders,  as  he  deemed  proper. 

s  uw^Ta  aw1''  ^  Marine  Corps.  —  There  is  but  one  rate  of  pay  fi        by 
u.  s.,  ;ie  ^?aci8      law  for  officers  of  the  Marine  Corps  retired. 

R.,   3;  15   A.    G.  Op.,  445. 


FEDERAL  COURT  DECISIONS  -  OPINIONS  ATTORNEY-GENERALS.       491 


(g)  Moneys  appropriated  for  pay  of.  —  All  balances  of  moneys 
appropriated  for  the  pay  of  the  Navy  or  pay  of  the  Marine  157. 
Corps,  for  any  year  existing  after  the  accounts  for  said 
year  shall  have  been  settled,  shall  be  covered  into  the 
Treasury. 

(h)  Officer  of,  not  entitled  to  ration,  etc.  —  An  officer  of  the    W  Rev.  stat., 
Marine  Corps  is  not  a  naval  officer,  and  is  not  entitled  to  |.J  f*  'ac^'S.', 
this  ration  when  attached  to  a  seagoing  vessel.    Under  62'5 
section  1612  he  is  subject  to  section  1269. 

(•«')  Commandant,  how  appointed.  —  The  commandant  now  has    {^g116^  stat) 
the  rank  and  pay  of  colonel,  and  is  appointed  by  selec-L*58.? 
tion  by  the  President  from  the  officers  of  the  Corps. 

(j)  No  appointments  to  be  made.  —  By  the  statute  of  June  30,    op>  19  stat.  L., 
1876,  chapter  159,  no  appointments  are  thereafter  to  be  65- 
made,  except  by  promotion,  to  fill  vacancies  in  the  list  of 
commissioned  officers  of  the  Marine  Corps  until  their 
number  is  reduced,  by  casualties  or  otherwise,  to  75. 

(k)  Promotions  to  fill  vacancies.  —  By  the  statute  of  January    (t>  22  stat.L., 
30,  1885,  chapter  43,  no  appointments  are  thereafter  to  be  *j^  acch*  3J0an-  30- 
made,  except  by  promotion,  to  fill  vacancies  occurring  in 
the  list  of  commissioned  officers  of  this  Corps  until  their 
number  is  reduced,  by  casualties  or  otherwise,  below  75, 
as  fixed  by  the  act  of  1876,  and  after  such  reduction  the 
whole  number  of  such  commissioned  officers  on  the  active 
list  shall  not  exceed  75. 

(I)  No  commutation  for  forage  for.  —  Sections  cited  provide  (0  22  stat.  L., 
that  no  commutation  for  forage  for  the  Marine  Corps  shall  L.^t^isl!  Stat' 
be  paid. 

(m)  Retirement.  .  <*»)  Rev.  stat., 

s.1243;  12  Stat. 
L.,596,  s.  12;  act 
July  17,  1862. 

(n)  Marines  not  strictly  seamen.  —  Marines,  though  not  strictly  (»)  wnkes  v. 
seamen,  were  so  regarded  in  the  case  cited.  H<m.8m89r;ei  12 

(o)  Allowed  a  premium  for  reenlistment.  —  "  Persons  enlisted  H°^''1|9°stat  L 
for  the  Navy,"  allowing  a  premium  for  reenlistment,  and  153;  8  A-<>.  6p.,' 
as  entitled  to  the  benefit  of  a  special  act  for  the  relief  of 
the  u  officers  and  seamen"  of  a  United  States  vessel. 

(p)  Is  a  military  body.  —  The  Marine  Corps  is  a  military  body    (p)  TJ.  s.  •». 
belonging  primarily  to  the  Navy  and  being  under  the^ 
control   of  the  Navy  Department,-  when  ordered  in  to  20. 
service  in  connection  with  the  Army  it  may  be  under  the 
•  command  of  Army  officers. 

(q)  A  captain  in  charge  of  clothing  entitled  to  allowance.  —    (?)  u.  s. 
A  captain  in  the  Marine  Corps  who  acts  as  captain  and 
has  charge  of   clothing    is  entitled    to   an    allowance 
therefor. 

(r]  Credit  for  service  as  paymaster's  steward.  —  A  marine  offi  -    (n  Rev.  stat., 
cer  is  entitled  to  be  credited  with  the  length  of  time  he 
was  employed  as  a  paymaster's  steward  in  the  volunteer 
service. 


(s)  Credit  for  service  as  enlisted  man.  —  Service  by  a  naval 
officer  as  an  enlisted  man  in  the  Marine  Corps  is  to  betr 
credited  to  him  in  computing  his  longevity  pay  under  the  ^  s^^4290:.  21  °' 
statute  cited. 


492      LAWS  RELATING  TO   THE    NAVY,  MARINE    CORPS,  ETC. 


A 


(t)  Rev.  stat.,  (t)  Musicians,  extra  compensation  for.  —  That  additional  com- 
£  1513io?r?'<r     pensation  provided  for  marines  who  compose  the  Marine 

.Bond,   it*   u.  o.,  mf  .,1  ~      -i          T  IT 

3oi;  2ic.ci8.n-,  Band,  while  performing  at  the  Capitol,  may  Declaimed  by 
all  marines  attached  to  the  band,  whether  they  are  for- 
mally rated  as  musicians  or  not. 

Rev.  stat.,  (u)  Retiring  of  officers  of.  —  In  the  case  of  a  lieutenant  who 
ja'p^S.  15  was  duly  found  incapacitated,  not  as  an  incident  of  his 
service,  the  President  indorsed  in  the  proceedings:  "I 
concur  in  opinion  with  the  retiring  board.  *  *  *  Let 
him  be  retired  on  furlough  pay."  Held  that  the  officer 
became  entitled  to  receive  75  per  cent  of  the  pay  of  the 
actual  rank  he  held  at  date  of  retirement,  notwithstand- 
ing a  different  rate  of  pay  (viz,  furlough  pay)  was  named 
by  the  President. 

Rev.  stat.,  (v)  The  section  cited,  which  fixed  the  rank  of  commandant 
of  the  Marine  Corps  as  brigadier  -general,   has  been 


ib  note  °n  8' 
(to)  Rev.  stat., 

s.  1608.  See  notes 

on  u.s.  stats.,  p. 

383,  note  on  s. 
1117,  and  note  on 
1418,  p.  416. 

(z)  Rev.  stat., 
s.'  is?!,'  S     ote' 


4i?el8  ftat''L8' 
ml  ch.  339  1  act 


i4i. 

(a)  21  stat.  L., 
505,ch.Hi. 


fw]  Term  of  enlistment  in,  for  a  period  of  not  less  than  five 

v 

years. 

(#)  «  The  officers  of  the  Marine  Corps  shall  be  entitled  to 
receive  the  same  pay  and  allowances,  and  the  enlisted 
men  shall  be  entitled  to  receive  the  same  pay  and  bounty 
for  reenlisting,  as  are  or  may  be  provided  by  or  in  pur- 
suance of  law  for  the  officers  and  enlisted  men  of  like 
grades  in  the  infantry  of  the  Army." 

^ar"ie  schools.  —  Upon  application  of  the  governor  of  the 
State  vessels  of  the  Navy  may  be  furnished  for  nautical 
schools  at  New  York,  Boston,  Philadelphia,  Baltimore, 

__  __  -i    f*  T*I  • 

Norfolk,  and  San  Francisco. 

(a)  The  act  cited  extends  the  provisions  of  the  statute  (18 
Stat4  j^  121)  to  tne  ports  Of  Wilmington,  Charlestown, 
Savannah,  Mobile,  New  Orleans,  Baton  Rouge,  Galves- 
ton,  and  in  Narragansett  Bay. 

(b)  Instructors  in  nautical  schools.  —  Officers  of  the  Navy 
may  be  detailed  as  superintendents  of  or  instructors  in 
nautical  schools,  which,  however,  shall  not  be  used  as 
places  of  punishment. 

-  —  The  title  of  the  grade  of  master  changed  .  The  act 
of  March  3,  1883,  as  per  citation,  declares  that  the  grade 
of  master  "  is  changed  to  that  of  lieutenants,  and  the  mas- 
ters now  on  the  list  shall  constitute  a  junior  grade  of,  and 
be  commissioned  as,  lieutenants,  having  the  same  rank 
and  pay  as  now  provided,  by  law  for  masters  j  but  promo- 
tion to  and  from  said  grade  shall  be  by  examination  as 
provided  by  law  for  promotion  to  and  from  the  grade  of 
roaster,  and  nothing  herein  contained  shall  be  construed 
as  to  increase  the  pay  now  allowed  by  law  to  any  officer 
in  the  line  or  staff." 

Rev.  stat.,  s.  Material,  old,  sale  of.  —  The  section  cited  provides  for  the  sale 
ILS.,  iiTu.  s!;     of  unserviceable  vessels  and  materials.    But  the  private 
gale  of  old  material  from  the  breaking  up  of  a  war  vessel 
by  a  naval  officer  to  a  contractor  for  repairs  of  a  war 
vessel  and  machinery  violates  this  section. 


i4«f  V22  stat  '  L8' 


FEDERAL  COURT  DECISIONS OPINIONS  ATTORNEY-GENERALS.      493 

(a)  Exchange  not  permitted. — The  Secretary  of  the  Navy    («)  14  A.  G. 
must  proceed  according  to  this  provision,  and  can  not  °PM  369t 
make  an  exchange,  even  when  advantageous  to  the  serv- 
ice, of  a  vessel  belonging  to  the  Navy. 

Mathematics,  professors  of. — Such  professors  must  pass  a  14^ev<  .JJ^jJJ' 
physical  and  professional  examination  before  appoint-  20,  i^i^i  stat! 
inert.  L-3"- 

Medical  Corps. — The  active  list  of  the  Medical  Corps  shall  Rev.  stat.,  s. 
consist  of  fifteen  medical  directors,  fifteen  medical  in-  Jfstat6^6^ 
spectors,  fifty  surgeons,  and  ninety  assistant  and  passed  act  Aue- 5.  ^ ' 
assistant  surgeons. 

Medicine  and  Surgery,  Chief  of  the  Bureau  of.— The  Chief  of^J^sjJ^g- 
the  Bureau  of  Medicine  and  Surgery  in  the  Navy  Depart-  op.',    rVe,    Gar- 
ment is  amenable  to  the  jurisdiction  of  a  naval  court-  kjj;   May   13> 
martial  upon  charges  and  specifications  preferred  against 
him  for  acts  done  as  such  chief. 

Midshipmen,  examination  of,  under  the  United  States  stat-    i2stat.L.,583; 

Benjaminv.TJ.S., 
UteS.  10  C.  Cls.  R.,  474. 

Mileage. — And  officers  of  the  Navy  traveling  abroad  under  22  stats.,  234. 
orders  hereafter  issued  shall  travel  by  the  most  direct 
route,  the  occasion  and  necessity  for  such  order  to  be 
certified  by  the  officer  issuing  the  same;  and  shall  re- 
ceive, in  lieu  of  the  mileage  now  allowed  by  law,  only 
their  actual  and  reasonable  expenses,  certified  under 
their  own  signatures  and  approved  by  the  Secretary  of 
the  Navy. 

(a)  Same  by  land  and  by  sea.— The  statute  of  June  30, 1876, 
chapter  159  (19  Stat.  L.,  65),  repeals  so  much  of  the  stat-  i 

ute  of  1874  as  applies  to  naval  officers  engaged  in  public  u  i'?'G?aham; 
business;  allows  them  8  cents  per  mile  in  lieu  of  their  ac-  nbu.  s.,  219 ;  Ts 
tual  expenses,  and  provides  that  thereafter  enlistments  Cl  Cl8t  Bl)  83> 
in  the  Navy  shall  cease  until  the  number  of  enlisted  men 
is  reduced  to  7,500.    Under  this  statute  there  is  no  dis- 
tinction between  travel  by  land  and  by  sea. 

(b)  Computed  by  shortest  route. — Mileage  is  computed,  in  the    (&)  DU  Bose  v. 
.    absence  of  special  circumstances,  upon  the  basis  of  ttie  §,  5^9^^Sa 

shortest  route  of  ordinary  travel.  «•  tr.  s'.,  id.,  5i6; 

Allderdice  v.  U. 
S.,  id.,  511. 

(c)  May  be  forfeited.— It  may  be  forfeited  by  the  officer's  v  $  sFe 
fault,  as  by  his  absence  on  private  business  and  conse-  R.,  '509 ; 
quent  failure  to  join  his  ship  before  sailing.  Jj"  5 ;  u*  S>1  21 

(d)  Paymasters1  clerics  not  entitled  to. — Paymasters'  clerks Mouat^k u  s' 
are  not  officers  within  the  meaning  of  this  act  of  1876, 303 ;  22*0. cis.'n'! 
and  are  not  entitled  to  the  mileage  thereby  allowed. 

(e)  In  certain  cases  officers  entitled  to  mileage,  even  when  pro-    (e)  Temple  v. 
vided  with  transportation.— Under  the  act  of  1876  a  naval  TLS"105TJ-S"97 
officer  who  has  traveled  under  orders,  whether  on  land 

or  on  sea,  was  entitled  to  the  8  cents  mileage,  even  when 
the  Government  provides  him  with  transportation. 
(/)  Claim  for  traveling  expenses  depends  upon  acts  of  Con-    (/)  TT.S.V.MC- 
gress. — As  an  officer's  claim  for  traveling  expenses  de- 
pends  upon  the  acts  of  Congress,  and  not  upon  contract, 
the  compensation  for  that  part  of  a  journey  performed  by 
him  after  June  30,  1876,  under  an  order  made  before  that 
date,  is  determined  by  the  statute  of  1876,  while  the  re- 


494   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


(0)Aiiaordice». 

K'  5ii19Du'B?88e 
».  IT.  s.,'  19  c.  GIB. 


(h)  Hannum  v. 
S.',  li'6.19  °'  °l8' 


(t)  Hannum  v. 

S'  fie  -1  Griffin1?' 
u'.'s.,  2g  c.  cis.' 

0')  Crosby  v. 
S.',  in. 


u(*s 
R.',288. 


u.  s.  v.  Gra 
219°'  w  c.  'cis. 


s(?9  C°CIV'-R' 
sib;  Griffin8».    l 


id.,  ice. 


pealed  act  of  1874  applies  to  the  preceding  part  of  the 
journey. 

(#)  Mileage  for  traveling  on  public  business.  —  A  journey  by 
an  °fficer  f°r  tne  Purpose  of  reaching  home  taken  by  au- 
thority  of  the  Secretary  of  the  Navy,  before  his  discharge 
from  the  service  of  the  Government,  is  on  public  busi- 
ness, and  if  public  business  was  an  element  in  an  officer's 
circuity  of  route,  he  should  recover  mileage  therefor. 

(h)  Delinquent  officer  can  not  recover.  —  If  an  officer  is  delin- 
quent  and  is  ordered  to  travel  at  his  own  expense,  he  can 
not  recover  of  the  Government. 

(i)  Officer  not  obliged  to  tcike  unusual  route.  —  An  officer, 
although  bound  to  travel  by  the  shortest  usually  trav- 
eled  route,  is  not  obliged  to  take  an  extraordinary  and 
unusual  route  because  it  is  the  shortest. 

(  j)  Oood  reason  must  be  given  for  deviation  from  shortest 
route.  —  When  only  the  terminus  of  the  journey  is  speci- 
fied in  the  orders  issued  to  a  naval  officer,  the  choice  of 
route  being  left  to  his  discretion,  his  mileage  is  to  be 
calculated  by  the  shortest  usually  traveled  route,  regard- 
less of  the  distance  actually  traveled,  unless  good  reason 
is  shown  for  the  deviation.  This  is  true,  although  the 
order  required  the  officer  to  leave  for  his  station  before  a 
day  stated,  if  other  means  of  travel  than  those  taken 
offered  before  that  day. 

W  ^n  °fficer  detached  and  sent  home  by  commander  ofsquad- 
ron  on  account  of  uninhabitable  quarters  is  on  public  busi- 
ness. —  If  the  commander  of  a  squadron  decides  that  the 
quarters  assigned  by  the  Department  for  certain  warrant 
officers  on  their  ship  are  not  habitable  and  detaches  them, 
with  permission  to  return  home,  the  cause  of  the  officers' 
travel  is  public  business,  and  they  are  entitled  to  mileage. 

(Z)  Distinction  between  traveling  within  the  United  States 
and  in  a  foreign  country.  —  Under  the  act  of  1876  mileage 
has  been  held  allowable  to  officers  of  the  Navy  only  when 

,  .  i   i  •        i  «  «Jt    •         j_i  TT      VL      T     rW 

traveling  on  public  business  within  the  United  States; 
for  travel  elsewhere  their  actual  expenses  alone  being 
allowed. 

(m)  ®eneral  rules  applicable  to  all  mileage  cases.  —  (1)  The 
right  of  an  officer  to  mileage  depends  upon  his  having 
traveled  upon  public  business,  and  it  is  ordinarily  for 
his  commanding  officer  to  determine  whether  such  busi- 
ness requires  that  he  snould  travel;  where  an  officer  is 
delinquent  and  ordered  to  travel  at  his  own  expense,  he 
is  not  entitled  to  mileage. 

(2)  An  officer  is  ordinarily  bound  to  travel  by  the 
shortest  usually  traveled  route.    He  is  not  bound  to 
choose  an  extraordinary  and  unusual  route  because  it  is 
the  shortest,  but  he  has  no  right  to  choose  another 
because  it  is  the  longest. 

(3)  Where  an  officer  does  not  travel  by  the  most  direct 
route,  or,  being  ordered  to  travel  by  one  route,  is  com- 
pelled  to  travel  by  another,   he   must   bring   to   the 
accounting  officers  the  authority  or  ratification  of  the 
Department,  and  if  he  neglects  to  do  so,  must  establish 
in  a  judicial  tribunal  the  facts  upon  which  his  right 
rests. 


FEDERAL  COURT  DECISIONS — OPINIONS  ATTORNEY-GENERALS.      495 

(n)  Construction  of  the  acts  of  1838,  1886,  and  1870,  as  to  (n)  Graham  v. 
the  rights  of  naval  officers  to  mileage,  may  be  found  in  ^gts"  u  u>  S>1 
cases  cited. 

(o)  Officer  in  Revenue- Cutter  Service. — An  officer  of  the  (o)  is  A.G.OP., 
Ee venue- Cutter  Service  is  not  entitled  to  mileage  for  }5i.  i^SSsf & 
travel  on  duty,  but  may  be  allowed  actual  traveling stat-  L-> 3*7' 511- 
expenses. 

Militia,  application  of  fifth  article  of  Constitution  to. — In  the    Johnson   v. 
fifth  article  of  amendments  to  the  Constitution  of  the  pfUJ; 15 
United  States,  providing  that  "no  person  shall  be  held 
to  answer  for  a  capital,  or  otherwise  infamous  crime, 
unless  on  presentment  or  indictment  of  a  grand  jury, 
except  in  cases  arising  in  the  land  or  naval  forces,  or  in 
the  militia,  when  in  actual  service  in  time  of  war  or 
public  danger,"  the  words  "when  in  actual  service  in 
time  of  war  or  public  danger"  apply  to  the  militia  only. 

Minors,  contracts  of. — A  minor  who  at  the  age  of  19,  with  BJBV.  stat., ss. 
the  consent  of  his  father,  enlisted  in  the  Navy,  has  not  (i624,  art.  19),  as 
the  right  on  coming  of  age  to  demand  his  discharge  under  o™Maydi2yi8798 
the  rule  which  applies  to  his  ordinary  civil  contracts.  andFtJ.231,  issi, 

(a)  The  United  States  has  the  right  to  prescribe  the  rules  '  (a>  21  stat.  L.  3 
and  conditions  under  which  voluntary  or  compulsory  op.,327,Harmon,' 
services  are  to  be  rendered  by  citizens.  APJ>-  16> 1896- 

(b)  The  period  at  which  persons  reach  their  majority  and    (&)  id. 
become  sui  juris  with  respect  to  the  ordinary  affairs  of 

life  can  not  abridge  this  power  of  the  General  Govern- 
ment. 

(c)  If  a  statute  authorizes  a  minor  by  enlistment  to  bind  him-    (c)  id. 
self  during  his  minority,  he  can  bind  himself  for  a  further 
period. 

(d)  The  phrase  "  other  persons  w  in  the  act  cited  included  lg^)  Act  Mar.  2, 
minors  above  the  age  of  18  as  well  as  men  of  full  age. 

Minor  of  nineteen  years  bound  by  his  contract. — A  minor,  who  Atto?S?i0Genf 
at  the  age  of  nineteen  years  enlists  in  the  Navy,  is  bound  erai,°datel  Apr! 
by  his  contract  of  enlistment,  and  has  not  the  right  to 16'1896- 
demand  his  discharge  on  coming  to  his  majority. 

National  Guard,  clerk  absent  as  member  of. — An  employee  of  22  stat.  L.,  503 ; 
a  Department  absent  from  his  duty  at  prize  drill,  duly  S^Jith 25stSi 
ordered  by  a  superior  officer  of  the  National  Guard  of  L-,  772,  BS.  40,  42, 
which  the  clerk  was  a  member,  is  entitled  to  his  pay  oV^W  Aidrich 
while  absent.  l^g/nfisti  G" 

Nautical  Almanac. — The  Nautical  Almanac  is   a  "  nautical    Rev.  stat.,  432 

txnnlr  n  and  436;  16 A.  G. 

DOOK.  Op.,  127. 

(a)  The  Secretary  of  the  Navy  may  place  the  supervision  30}*)1^s  g^p" 
of  the  Nautical  Almanac  in  charge  of  any  officer  or  pro- 127.' 
fessor  of  mathematics  in  the  Navy  who  is  competent  for 
that  service.    Such  officer  or  professor,  when  so  employed, 
shall  be  entitled  to  receive  the  shore-duty  pay  of  his 
grade,  and  no  other. 

Naval  Academy,  provisions  concerning.  i8M?e£15£;?i 

Stat'.  L..  203;'  15 
A.  G.  Op.,  80. 

(a)  Board  of  Visitors  to. — Act  of  February  14, 1879,  provides  14(a1)87Accthot6f  e^j 
for  a  Board  of  Visitors  to  attend  the  annual  examination  stat.  L.'.W  '" 
of  the  Academy,  each  member  to  receive  not  exceeding  8 


496       LAWS   RELATING   TO   THE   NAVY,  MARINE    CORPS,  ETC. 


o'Pl5137i5  32( 


(a)  Rev.  stat, 


ifidli46p3i5°V49n^ 
Beu.jaminr.ij.  s.| 
ioc.cia.R.,474. 


cents  per  mile  mileage  by  the  most  direct  route  to  and 
from  his  residence  and  Annapolis. 

Act  of  July  (i)  Per  diem. — Statute  cited  under  (b)  allows  each  member 
$5  per  day  for  expenses  during  actual  attendance  at  the 
examination. 

(C)  Act  Aug.  4,  (c)  Intoxicating  liquors. — The  act  cited  under  (c)  provides 
sS.Lh/268?:  24     that  no  part  of  any  appropriation  by  Congress  for  ex- 
penses of  the  Board  shall  be  used  to  pay  for  intoxicating 
liquors. 

Rev.  stat.,  (d)  Age  of  cadets ,  eligibility. — Candidates  to,  admission  to, 
eligibility  in  respect  of  age,  ineligible  unless  he  is  between 
14  and  18  years  of  age. 

22  stat.  L.,  285.  Naval  cadets. — This  title  was  substituted  for  "  Cadet  mid- 
shipmen "  by  act  of  August  5, 1882.  All  of  the  under- 
graduates at  the  Naval  Academy  shall  be  thus  designated. 

(a)  Examination  of,  etc. — While  a  previous  notification  may 
not  be  essential  to  the  validity  of  a  recommendation,  yet 
the  date  is  so.    Section  1515  is  to  be  read  as  if  the  dates 
fixed  by  the  regulations  of  the  Academy  for  the  examina- 
tion of  candidates  were  expressly  inserted  therein,  and 
therefore  the  season  for  recommendations  and  nomina- 
tions of  cadet  midshipmen  begins  after  March  5  and  ex- 
pires on  September  22  in  each  year.    Each  Member  has 
the  control  of  all  appointments  to  be  made  during  any 
current  year  of  his  term. 

(b)  JEligibility  as  to  age. — Candidates  for  appointment  as 
naval  cadets  must  be  between  14  and  18  years  of  age. 

(c)  The  first  section  cited  reads :  "  Cadet  midshipmen  found 
deficient  at  any  examination  shall  not  be  continued  at 
the  Academy  or  in  the  service  unless  upon  the  recom- 
mendation of  the  Academic  Board." 

The  latter  section  cited  reads:  "Cadet  engineers  shall 
be  examined  from  time  to  time  according  to  regulations 
prescribed  by  the  Secretary  of  the  Navy,  and  if  found 
deficient  at  any  examination,  or  if  dismissed  for  miscon- 
duct, they  shall  not  be  continued  in  the  Academy  or  in 
the  service,  except  upon  the  recommendation  of  the  Acad- 
emy Board." 

(d)  These  provisions  leave  in  the  Secretary  of  the  Navy  no 
right  to  continue  at  the  Academy,  without  the  required 
recommendation,  cadets  found  deficient  in  their  studies. 

(e)  "  Graduating  examinations." — These  words  mean  that 
examination  which,  under  the  regulations  of  the  Naval 
Academy,  takes  place  after  the  prescribed  term  of  sea 
service  has  been  performed.     Assignments  of  relative 
rank,  as  between  members  of  the  same  class  based  upon 
the  results  of  such  examination,  are  in  conformity  with 
law. 

(/)  Cadet  engineers. — A  naval  cadet  engineer  who  is  not 
deficient  at  examination  or  dismissed  for  misconduct  un- 
der section  1525,  or  under  sentence  of  a  court-martial, 
but  is  honorably  discharged  by  the  Secretary  of  the 
Navy  against  his  will,  still  remains  in  the  service  and 
may  recover  his  pay  in  the  Court  of  Claims. 


op.,  sis,  320. 


(d)  15  A.G.OP., 


B  K2??ii  1UG 
dp.,  637. 


(/)< 


FEDERAL  COURT  DECISIONS  -  OPINIONS  ATTORNEY-GENERALS.       497 


((/}   Vested  rights  of  cadets.  —  A  naval  cadet  has  no  vested 
right  to  appointment  as  an  officer  in  the  Navy,  and  is  n. 
liable  to  be  discharged  if  there  is  no  vacancy  to  which  he 
can  be  appointed. 

(h)  Rank  of  naval  cadets.—  Section  1521   of  the  Itevised  . 
Statutes  reads:     "When  cadet  midshipmen  shall  have  tion  ia  amended 
passed  successfully  the  graduating  examination  at  the  J  J^cS?  swf  '22 
Academy,  they  shall  receive  appointments  as  midship-  stat'.L.,  285.  ' 
men  and  shall  take  rank  according  to  their  proficiency 
as  shown  by  the  order  of  their  merit  at  date  of  gradua- 
tion. 

The  act  of  August  5,  1882,  cited  under  (/t),  repeals  so    22  stat,  L.,  235. 
much  of  the  section  quoted  (1521)  as  is  inconsistent  with 
its  provisions,  to  wit: 

"That  hereafter  there  shall  be  no  appointments  of 
cadet  midshipmen  or  cadet  engineers  at  the  Naval 
Academy,  but  in  lieu  thereof  naval  cadets  shall  be  ap- 
pointed from  each  Congressional  district  and  at  large,  as 
now  provided  by  law  for  cadet  midshipmen,  and  all  the 
undergraduates  at  the  Naval  Academy  shall  hereafter  be 
designated  and  called  naval  cadets;  and  from  those  who 
successfully  complete  the  six  years'  course  appointments 
shall  hereafter  be  made  as  it  is  necessary  to  fill  vacan- 
cies in  the  lower  grades  of  the  line  and  Engineer  Corps 
of  the  Navy  and  of  the  Marine  Corps:  And  provided 
further,  That  no  greater  number  of  appointments  into 
these  grades  shall  be  made  each  year  than  shall  equal 
the  number  of  vacancies  which  has  occurred  in  the  same 
grades  during  the  preceding  year;  such  appointments  to 
be  made  from  the  graduates  of  the  year,  at  the  conclusion 
of  their  six  years'  course,  in  the  order  of  merit,  as  deter- 
mined by  the  Academic  Board  of  the  Naval  Academy  ; 
the  assignment  to  the  various  corps  to  be  made  by  the 
Secretary  of  the  Navy  upon  the  recommendation  of  the 
Academic  Board.  But  nothing  herein  contained  shall 
reduce  the  number  of  appointments  from  such  graduates 
below  ten  in  each  year,  nor  deprive  of  such  appointment 
any  graduate  who  may  complete  the  six  years'  course 
during  the  year  eighteen  hundred  and  eighty-  two.  And 
if  there  be  a  surplus  of  graduates,  those  who  do  not  re- 
ceive such  appointment  shall  be  given  a  certificate  of 
graduation,  an  honorable  discharge,  and  one  year's  sea 
pay,  as  now  provided  by  law  for  cadet  midshipmen. 

"That  any  cadet  whose  position  in  his  class  entitles 
him  to  be  retained  in  the  service  may,  upon  his  own 
application,  be  honorably  discharged  at  the  end  of  four 
years'  course  in  the  Naval  Academy,  with  a  proper  cer- 
tificate of  graduation. 

"That  the  Secretary  of  the  Navy  may  prescribe  a 
special  course  of  study  and  training  at  home  or  abroad 
for  any  naval  cadet. 

"That  the  pay  of  naval  cadets  shall  be  that  now 

allowed  by  law  to  cadet  midshipmen;  and  as  much  of 

the  money  hereby  appropriated  as  may  be  necessary 

during  the  fiscal  year  ending  June  thirtieth,  eighteen 

376  -  32 


498       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

hundred  and  eighty-three,  shall  be  expended  for  that 
purpose.'7 

(t)  Act  Aug.  5,  ( i)  Surplus  graduates,  discharge  of. — The  provision  of  the 

i8rt2veUiiS6VuResd,'     act  of  1882,  just  quoted,  for  the  discharge  of  surplus  naval 

Se1-  2LCoCoidRv'     ca(let  graduates,  was  prospective  only,  and  did  not  apply 

u.s1.,  il KU  546;'     to  the  classes  of  1881  and  1882,  and  naval  cadets  who, 

^aid"°406  °a8e'     prior  to  this  act,  had  fully  completed  their  course  at  the 

Academy,  and  received  their  diplomas,  became  by  this 

act  graduates. 

(j)  22  stat.  L.,  ( j)  Number  of  midshipmen  provided  for. — The  statute  of 
i883:.ac1  Car>  3'  March  3,  1883,  makes  provision  for  ninety-one  midship- 
men, the  title  of  which  grade  is  hereby  changed  to  ensign, 
and  the  midshipmen  now  on  the  list  shall  constitute  a 
junior  grade  of,  and  be  commissioned  as,  ensigns,  having 
the  same  rank  and  pay  as  now  provided  by  law  for  mid- 
shipmen, but  promotions  to  and  from  said  grade  shall  be 
under  the  same  regulations  and  requirements  as  now  pro 
vided  by  law  for  promotion  to  and  from  the  grade  of  mid- 
shipmen, and  nothing  herein  contained  shall  be  construed 
as  to  increase  the  pay  now  allowed  by  law  to  any  officer 
of  said  grade  or  of  any  officer  of  relative  rank.  *  *  * 
And  all  officers  of  the  Navy  shall  be  credited  with  the 
actual  time  they  may  have  served  as  officers  or  enlisted 
men  in  the  Eegular  or  Volunteer  Army  or  Navy,  or  both, 
and  shall  receive  all  the  benefits  of  such  actual  service  in 
all  respects  in  the  same  manner  as  if  all  said  service  had 
been  continuous  and  in  the  Eegular  Navy  in  the  lowest 
grade  having  graduated  pay  held  by  such  officer  since 
last  entering  the  service :  Provided,  That  nothing  in  this 
clause  shall  be  so  construed  as  to  authorize  any  change 
in  the  dates  of  commission  or  in  the  relative  rank  of  such 
officers :  Provided  further,  That  nothing  herein  contained 
shall  be  so  construed  as  to  give  any  additional  pay  to 
any  such  officer  during  the  time  of  his  service  in  the 
Volunteer  Army  or  Navy. 

(t)  23  stat.  L.,  (]c)  Graduates. — The  statute  cited  confers  the  title  of  ensign 
eo^act         26,     UpOn  ca(jets  who  successfully  complete  the  six  years' 
course  at  the  Naval  Academy  and  are  assigned  to  the  line 
of  the  Navy.     The  grade  of  junior  ensign  is  abolished. 
(i)  23  stat.  L.,  (1)  Allowed  a  ration. — Cadets  attached  to  any  United  States , 
vessel  or  station  and  doing  duty  thereon  shall  be  allowed 
a  ration,  etc.  ^ 

25  stat.  L.,  472,  Naval   establishment,  increase  of   by  the  construction  of 

24  Stat.  L.,7,  151 ;  f«  .1  prnJft<n.«i 

154 ;  23  stat.  L. ,      sroei  cruisers. 

262,  292,   433;    22 
Stat.  L..  291,  477. 

i756evi  com'  'D8'  ^a^  °^  °®ce- — The  language  of  the  original  act  was,  after 
849.'  u profit,"  in  the  second  line,  "under  the  Government  of 

the  United  States,  either  in  civil,  military  or  naval  de- 
partments of  the  public  service,"  and  the  words  in  the 
third  line,  "and  the  persons  embraced  by  the  following," 
were  here  added.  The  original  act  was  regarded  as  su- 
perseding the  former  laws  prescribing  an  oath  of  office, 
whether  general  or  applicable  to  departmental  officers  in 
the  narrow  sense  of  the  term  only. 


FEDERAL  COURT  DECISIONS OPINIONS  ATTORNEY-GENERALS.       499 

This  section  was  repealed  by  the  act  cited,  which  pro-    Act  May  13, 
vides  that  hereafter  the  oath  to  be  taken  by  any  person  g^  ^'22 6;  2 
elected  or  appointed  to  any  office  of  honor  or  profit,  either 
in  the  civil,  military,  or  naval  service,  except  the  Presi- 
dent of  the  United  States,  shall  be  as  prescribed  in  sec- 
tion 1757  of  the  lievised  Statutes.     But  this  repeal  shall 
not  affect  the  oaths  prescribed  by  existing  statutes  in  rela- 
tion to  the  performance  of  duties  in  special  or  particular 
subordinate  offices  and  employments. 

(a)  Before  whom  to  be  taken. — The  oath  must  be  taken  be-  Ca<*e>  ^cS1!8 
fore  an  officer  authorized  to  administer  oaths  by  the  laws  43o8.e> 
of  the  United  States,  and  a  foreign  consul  residing  in 
Mexico  has  not  such  authority. 

Observatory,  Naval.— The  statute  cited  provides  for  the  erec-  184ctchJ"8[;  \ 
tion  of  a  new  Naval  Observatory.  stat'.  L..'  isel  25 

Stat.  L.,  463;  21 
Stat.  L.,  64. 

Officers,  line,  number  allowed  on  active  list.    Active  list  of  ..Jg*^  stat.,  «. 

,         _:_.      _.         -i    /-»  looo ;  ID  A.Lr.Up., 

the  Medical  Corps.  589 ;  Rev.  stat., 

a.  1368  amended 
by  22  Stat.  L.,  285. 
Seenotetos.  1521. 

Officers,  Navy,  three  kinds  in  the  Navy,  (1)  commissioned,  14^ev,'5 l^op8' 
(2)  warrant,  and  (3)  petty.  sei.ess ;Grambs's 

Case,  23  C.  Cls. 
R.,420. 

Parade,  employees  absent  from  duty. — Employees  of  the  United  ch^Sf^s' stat'. 
States  who  are  members  of  the  National  Guard  are  not  L.,  779;'  20  A.  G.' 
entitled  to  leave  of  absence  from  their  respective  duties  sept.  29!i893lney' 
without  loss  of  pay  or  time  in  order  to  engage  in  rifle 
practice,  even  although  in  the  general  orders  of  the  com- 
manding general  of  the  militia  such  rifle  practice  may  be    • 
called  a  parade. 

Passed  assistant  (first)  engineers,  pay  of. — uThe  passed  assist-  acf  ]|taart-^"14^|; 
ant  engineers  of  the  Navy  shall  receive  during  ,the  third  ch.35oar' 
live  years  after  the  date  from  which  they  take  rank  as 
passed  (first)  assistants,  when  at  sea,  two  thousand  four 
hundred  and  fifty  dollars ;  on  shore  duty,  two  thousand 
two  hundred  and  fifty  dollars  ;  on  leave  or  waiting  orders, 
one  thousand  nine  hundred  dollars.  During  and  after 
the  fourth  five  years  from  such  date,  when  at  sea,  two 
thousand  seven  hundred  dollars ;  on  shore  duty,  two  thou- 
sand three  hundred  and  fifty  dollars;  011  leave  or  waiting 
orders,  one  thousand  nine  hundred  and  fifty  dollars. 
And  Eevised  Statutes,  section  fifteen  hundred  and  fifty- 
six,  is  hereby  amended  accordingly." 

This  changes  the  provision  of  section  1556  of  the  Ee- 
vised Statutes,  edition  1878. 

Patents  for  inventions. — A  naval  officer,  or  employee  of  the^6^^^  8- 
Government  at  a  navy-yard,  who  has  invented  an  article  407,kmer*octi,' 
for  use  in  the  naval  service  and  patented  it,  if  the  inven-  f^Lin^of  TT' 

.  .      /  oanipDeii,  JI 

tion  does  not  relate  to  a  matter  as  to  which  he  was  spe-  s.R.,356;ii. 
cially  directed  to  experiment  with  a  view  to  suggest  im- 
provements,  is  entitled  to  compensation  from  the  Govern-  u.  s.  R., 
ment  for  the  use  of  such  article  in  addition  to  his  salary  Ji 
or  pay  as  such  officer  or  employee.  ^ 128  u-  s- 

It  makes  no  difference  that  the  invention  consists  of  an 
improvement  upon  an  article  already  patented,  and  that 


500   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

when  the  improvement  was  patented  the  officer  or  em- 
ployee was  assigned  to  the  duty  of  superintending  for  the 
Government  the  manufacture  of  the  article  improved 
upon. 

The  Secretary  of  the  Navy  cannot  legally  contract  with 
the  patentee  for  the  purchase  of  his  patent,  or  for  a  license 
to  use  it,  under  an  appropriation  limited  to  the  purchase 
of  material  and  the  employment  of  labor  in  the  manufac- 
ture of  such  article  out  of  it. 

37?ie-VRevtastat8'  ^atent  rights  —  Ensign.  —  The  Secretary  of  the  Navy  may  law- 

si  3718;  20  A.  G!     fully  contract  with  an  ensign  of  the  Navy  for  the  purchase 

2ar.  »!9i89!?.illerf     of  patent  rights  and  improvements  in  "  B.  L.  R.  ordnance" 

for  use  in  the  Navy  when  the  ensign  was  not  employed  to 

make  experiments,  paid  himself  the  expenses  of  obtain- 

ing letters  patent,  and  when  no  expense  was  authorized 

or  facility  furnished  by  the  Bureau  of  Ordnance  to  aid 

him  in  making  or  perfecting  his  invention. 

The  former  section  (3721)  applies  to  the  case,  and  not 
the  latter  section  cited. 

i5586V4  lfaf"L8'  Pay  and  a^owances-  —  The  section  of  the  Revised  Statutes 

757  ;'H  stat!  L'.',     cited  declares  the  pay  and  allowances  to  naval  officers. 

brick,'  ur  tPfe     But  Before  the  act  of  1835  (4  Stat.  L.,  757)  the  Secretary 

52  ;TLS.V.  Alien!     of  the  Navy  could  make  allowance  from  appropriations 

in  gross  to  naval  officers,  beyond  their  pay,  for  quarters, 

furniture,  lights,  fuel,  etc.,  and  the  act  of  1866  (14  Stat. 

L.  33),  by  repealing  the  statute  of  1835,  restored  the  right 

to  make  such  allowances. 

a.  i56iRxotesain  (a)  ^aV  °f  an  °ffic^r  advanced  in  rank  for  eminent  or  con- 

li.  s.  statute's,  P.     spicuous  conduct,  etc.  —  The  pay  of  an  officer  who  has  been 

i506;n0Young  I',     advanced  in  rank  "for  eminent  or  conspicuous  conduct 

R'  fis19  °'  Cl8>     *n  b^tle  or  extraordinary  heroism"  (see  section  1506)  is 

not  one  of  the  cases  within  sections  1561  and  1562,  and 

can  not  run  from  a  date  anterior  to  that  of  his  commis- 

sion. 

*  i562?Siiinta8;8  (^  Increased  pay  of  a  promoted  officer.  —  The  words  "the 
caseruA.G^p.?  increased  pay  of  a  promoted  officer  shall  commence  from 
the  date  he  is  to  take  rank,  as  stated  in  his  commission," 
as  used  in  the  statute  of  1870,  chapter  295,  section  7, 
applied  to  such  advancement  or  promotion  in  rank,  and 
such  only,  as  entitled  the  officer  advanced  or  promoted 
to  an  increase  of  pay  over  what  he  received  at  the  time 
his  advancement  or  promotion  actually  transpired,  the 
words  "increased  pay"  being  used  relatively  to  the  pay 
he  then  received. 

s  Ise^AurtinV  (c)  ^a8€8  °f  delayed  examination.  —  If  the  examination  of  a 
u.s..26c.c8is!R.;     naval  officer  is  postponed  through  no  fault  of  his,  and  he, 
RwTiV'  A^G!     UI)OU  examination  afterwards,  is  found  unqualified  and  is 
op.,  592-,  116  u.     suspended  from  promotion  for  one  year,  with  correspond- 
ing loss  of  grade  when  reexamined  (see  section  1505),  he 
is  not  entitled  to  the  pay  provided  for  by  this  section. 
(d)  Mileage,  allowances  for.    See  Mileage,  p.  —  . 
(e)  Rev.  stat.,  (e)  Storekeeper.—  The  commander  of  a  squadron  can  not 


u  .  s75  acjalX'     appoint  a  civilian  naval  storekeeper,  and  a  person  so 
appointed  can  not  recover  salary  as  such. 


FEDERAL  COURT  DECISIONS  -  OPINIONS  ATTORNEY-GENERALS.       501 

(/)  Duty  as  light-house  inspector  does  not  entitle  to  sea  pay.  —    (/>  sc  h  o  on- 
A  naval  officer  assigned  to  duty  as  a  light-bouse  inspector,  c.acff  R.^iVo.''  19 
although  making  tours  of  inspection  by  sea,  is  not  enti- 
tled to  sea  pay. 

(g}  Service  of  temporary  character  on  vessels  at  anchor  d((2^"At8e1lJ^' 
*  near  shore  not  sea  duty.  derhSadPof  ''s£i 

service  and  pay." 

(h)  Compensation  of  retired  o^ers.—  These  sections  super-  8  (*y|ei593tajg 
sede  and  take  the  place  of  all  provisions  in  force  at  the  A.'G?Op.,3i7;. 
adoption  of  the  Revised  Statutes  regulating  the  compen- 
sation of  retired  naval  officers,  whether  of  the  line  or 
staff. 

(i)  Ketired  officers  not  entitled  to  increased  pay  by  reason    (i>  Thomiey  v. 

nf  Irmo-Pvitv  U-  S"  113  U-  S-' 

01  longevity.  3io;  i8C.cis.R.f 

111  ;  Brown  v.  U. 
S.,  113  U.S.,  568; 
18  C.  Cls.  R.,  537. 

(j)  Half  sea  pay.  —  A  lieutenant  retired  in  the  first  five  years    0')  Rev.  stat., 

58; 


8. 


of  service  because  not  recommended  for  promotion  is  5;  tr.;, 

entitled  to  only  one-half  his  sea  pay  at  the  time  of  retire-  J 

ment  under  the  last  clause  of  section  1588.  co;  Rutherford 

v.  U.  S.  id.,  339; 
Magaw  v.  U.  S., 
16  id.,  3. 

(7v)  Furlough  pay.  —  The  section  cited  does  not  apply  to  offi-    <t)  Rev.  stat., 
cers  retired  on  furlough  pay.    An  officer  retired  on  fur-  u.1 
lough  pay  is  to  be  paid  according  to  the  provisions  of  568 

,  •  .-  f-rvo  ""  \    -i\.  ot..      . 

section  Io93.  1593;  id.;  ISA. 

G.  Op.,  316. 

Pay  and  salaries.  —  The  section  cited  provides  for  the  annual    Rev.  stat.,  s. 

pay,  or  salaries,  of  officers  of  the  line,  warrant  and  petty  1556' 

officers,  and  men,  including  clerks  to  commanding  officers. 

The  act  of  May  4,  1878,  chapter  91,  provides  that  no    20  stat.  L.,  50. 

appointments  shall  be  made  to  the  position  of  clerks  and 

secretaries  to  admirals,  etc.,  from  civil  life;  that  these 

shall  be  selected  from  subordinate  officers. 
(a)  Passed  assistant  engineers  shall  receive  during  the  third    («)  23  stat.  L., 

five  years  after  the  date  from  which  they  take  rank  asilss.1101     [ar'  3> 

passed  (first)  assistants,  when  at  sea,  $2,450,  etc. 
(6)  Rate  of  pay  due  a  retired  officer  determined  by  the  sec-    <&>  Rev.  stat., 

firm  Pi'tPrl  s.  1588;  Magaw  w. 

tlOIl  Clteu.  F    S    16  C    Cls 

R.,  3.' 

Pay  accounts.  —  Neither  the  longevity  act  nor  the  act  of   22  stat.  L.,  472,- 
March  3,  1883,  authorizes  a  restatement  of  an  officer's  123  u.s.',  435  fsee 
pay  accounts  so  as  to  allow  him  credit  in  the  grade  he  gj£®|  ^^note 
held  before  their  enactment  for  the  time  he  served  in  on  a.  ieob. 
the  Army  or  Navy  reaching  that  grade. 

(a)  The  act  of  August  5,  1882,  was  constitutional,  but  did    (a)  Barton's 
not  create  a  vested  right.  376?  Harmon's 

(b)  A  naval  officer  is  entitled  to  credit  for  services  in  the    (&>'  Jordan  v. 
Army  in  computing  his  pay  under  the  statute  of  1883.     S.',  62h  9 

(c)  The  second  proviso  of  the  act  of  Augusts,  1882,  merely    w  Hawkins  ». 
prohibits  additional  pay  for  volunteer  service,  and  doesR^eii.19 

not  forbid  longevity  pay  founded  on  such  service. 
Pay  of  the  Navy  and  Marine  Corps.  —  Unexpended  balances  of   Rev.  stat.,  B. 
moneys  appropriated  for  the  pay  of  the  Navy  and  Marine  i6?°;i8A  .G.OP!! 
Corps  for  the  fiscal  year  ending  June  30,  1884,  are 
available  for  the  payment  of  the  Navy  and  Marine  Corps 


502       LAWS   RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

for  services  rendered  during  the  fiscal  year  ending  June 
30,  1885. 

i378ev'  rrStas  '  *'^ay  Corps,  who  constitute  it.  —  Only  those  officers  commis- 
Monat,  124  u.  s*,'     sioned  by  the  President. 

303,308;22C.Cls. 
R.,  293. 

(a)  Rev.  stat.,  (a)  "  Xo  commanding  officer  of  any  vessel  of  the  Navy 
shall  be  required  to  perform  the  duties  of  paymaster, 
passed  assistant  paymaster,  or  assistant  paymaster." 

<&>  i  com.  D.,  fj)\  The  words  "passed  assistant  paymaster"  were  added 
£$£  by  the  revision. 

i475ev'i6StA.''  G.  Pav  inspector.—  In  this  section  the  title  "Pay  inspector"  ex- 

op.,'4u,  65i'.          presses  both  title  and  grade  in  the  Pay  Corps.    This  sec- 

tion confers  upon  such  officers  the  rank  of  commander 

only  by  relation  to  the  rank  of  a  line  officer  of  that  grade, 

and  not  the  grade  of  commander.    By  "relative  rank" 

the  grades  of  this  Pay  Corps  are  made  equal  to,  but  not 

identical  with,  the  grades  of  the  line  with  which  they  are 

thereby  associated. 

.J-a)  22+  sAtat-L;»  («-)  In  the  active  list  of  the  pav  inspectors  there  shall  be 

i-Ku  ;     JU't    .A-Uff.   O,  .  i    .      . 

1882.  thirteen. 

ac?ASu*^i882?;pay  directors.—  Hereafter  the  active  list  of  the  Pay  Corps 

shall  contain  thirteen  pay  directors. 
22  stat.  L.  472;  Paymaster's  clerk.  —  The  act  cited  constitutes  a  paymaster's 

act  jxiar.  o,  loeo  ;•.•./•„-»  ^ 

u.s.  v.  Hendee,     clerk  an  officer. 

124  U.  S.,  309;  22 
C.Cls.R.,134. 

nndeorrhfeaedCofPayinaster»  passed  assistant  and  assistant. 

"  Pay  Corps,  "p  —  . 

285")a2c2tAugL5;  M  That  the  actiye  list  of  the  Pay  Corps  of  the  Navy  shall 
1882.  hereafter  contain  twenty  passed  assistant  and  ten  assist- 

ant paymasters. 

4693eV47^7at''  art  Pen8ion'  dependent  parent.  —  The  first  section  of  the  act  of 

June  27,i8;9o;ai9     June  27,  1890,  is  to  be  regarded  as  an  amendment  of  the 

Miller  jSiV  5io'     section  (4707)  cited  ;  and,  so  regarded,  the  word  "  soldier" 

1890.  '  employed  therein  should  be  so  construed  to  comprehend 

also  sailor  and  marine,  the  term  being  used  as  a  short 

expression  to  embrace  all  the  persons  under  the  first  sec- 

tion cited,  whose  death  entitled  their  parents  to  a  pen- 

sion. 

i662e;r<  justice^  Persons  residing  on  lands  ceded  for  navy-yards.  —  Persons 
opinion,  i  Met.  residing  on  lands  ceded  to  the  United  States  for  navy- 
yards,  forts,  and  arsenals,  with  State  jurisdiction  reserved 
only  to  serve  civil  and  criminal  process  thereon,  are  not 
entitled  to  send  their  children  to  the  schools  of  the  town 
in  which  the  lands  are  situated,  or  to  a  settlement  or 
elective  franchise  there,  by  any  length  of  residence,  nor 
are  they  liable  there  for  State,  county,  and  town  taxes. 

5  wheat!',  f53ith>  Pirates-  —  Pirates  may  be  lawfully  captured  by  public  or 
Rev.  stat.,'  s.     private  ships  of  any  nation,  in  peace  or  war. 

4294;  the  Mari- 
ana Flora,  11 
Whtat..  1  ;  3  Ma- 
BOD,  116. 

42we;v'8eSetaai8opiratical  aggression.—  Where  an  armed  vessel  attacks  a  ves- 
Mar  Una     &e^  °^  ^e  ^n^e<^  States  upon  the  mistaken  idea  that  she 
* 


a 

,  11  wh*     was  a  piratical  cruiser,  and  without  a  piratical  or  feloni- 
;  3  Mason,  116.       ous  intent,  and  with  no  purpose  of  wanton  plunder  or 


FEDERAL  COURT  DECISIONS OPINIONS  ATTORNEY-GENERALS.       503 

malicious  destruction  of  property,  it  does  not  constitute 
a  piratical  aggression  within  this  section. 

(a)  Extends  to  foreign  vessels. — The  provisions  of  the  stat-    <a> Id- 
ute  cited  extend  to  foreign  vessels,  and  no  matter  what 
liability  the  United  States  may  incur  to  foreign  States 
the  courts  are  bound  to  carry  them  into  effect. 

(6)  American  vessels  offending. — American  vessels  offending    <&>  id. 
against  our  laws  may  be  seized  upon  the  ocean,  and  any 
foreign  ship  offending  within  our  territorial  jurisdiction 
may  be  pursued  and  seized  upon  the  ocean  and  brought 
in  for  adjudication. 

(c)  Commissson  bonafide. — When  a  vessel  receives  a  com-    (<o  The    Pai- 
mission  boua  fide  and  the  crew  acts  under  it  bona  fide,  it  ™yra' 12  Wheat-» 
ought,  at  all  events  in  the  courts  of  neutral  nations,  to 

be  held  a  protection  against  the  imputation  of  general 
piracy,  though  there  may  be  irregularities  in  its  granting. 

(d)  Predatory  spirit  in  connection  with  defects  of  commis-    (d)id.;theAm- 
sion. — If  the  insubordination  and  predatory  spirit  of 

crew,  in  connection  with  the  defects  of  the  commission, 
be  such  as  to  excite  justly  founded  suspicions,  the  cap- 
tors are  justified  for  bringing  in  the  vessels  for  adjudica- 
tion, and  are  exempted  from  damages  and  costs. 

(e)  Vessel  armed  for  offense  or  defense. — Whether  the  vessel 

is  armed  for  offense  or  defense  is  immaterial,  provided  Brig  Maiek  Ad- 
she  commits  the  unlawful  acts  specified.    Nor  is  it  neces-  hel)  2  How"  21°- 
sary,  to  bring  the  vessel  within  the  statute,  that  there 
should  be  either  actual  plunder  or  an  intent  to  plunder. 
It  is  sufficient  that  the  act  be  committed  from  hatred,  or 
an  abuse  of  power,  or  from  mischief. 

(/)  Piratical. — The  word, " piratical"  is  not  to  be  limited  to    (/)  M.  seeaiso 
such  acts  only  as  by  the  laws  of  nations  are  denominated  ww,  4297^4298,' 
piracy,  but  includes  such  as  pirates  are  in  the  habit  of^42!9^  Bri 
committing,  "  as  defined  by  the  law  of  nations."  Maiek  Adhei,nS 

How.,  210. 

Potatoes,  desiccated. — Desiccated  tomatoes  may  be  substi-  15^21  ltat?L8,' 
tut  ed  for  desiccated  potatoes  by  the  Secretary  of  the  Navy.  86,  ok  73. 

Precedence  of  officers. — Article  21  of  the  Navy  Eegulations  1^r-2ft£"  (f 
is  within  the  authority  conferred  upon  the  Secretary  of  o°p.,;  46,  oiney, 
the  Navy  by  the  statute  cited.  June 28,  ISM.  * 

(a)  There  is  no  inconsistency  between  sections  1483  and 
1484,  cited,  in  their  operation  upon  the  question  of  the 
precedence  of  engineer  officers  of  the  Navy. 

(6)  A  rule  for  ascertaining  the  date  of  precedence  of  ofifi-    (&)  Act  Aug.  5, 
cers  on  the  active  list  of  the  Navy  held  to  be  in  conflict  234. ; 
with  the  act  cited. 

(c)  Status  of  members  of  the  Staff  Corps  is  governed  by  gg^ 
sections  cited  under  (c).  mi. 

Private  sale  of  old  material. — A  private  sale  of  old  material  ^f^^f^e'  |J' 
from  the  breaking  up  of  a  war  vessel  by  a  naval  officer  u.s.;,  ii3eue  s?,' 
to  a  contractor  for  repairs  to  a  war  vessel  and  machinery  |2®;  JJA' G8bp'.' 
violates  this  section.    The  Secretary  of  the  Navy  must  369.' 
proceed  according  to  this  provision,  and  can  not  make 
an  exchange,  even  when  advantageous  to  the  service,  of 
a  vessel  belonging  to  the  Navy. 


504   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

(a)  Act  Jan.  12,  (rt)  Private  laics. — Under  the  statute  cited  the  Public 
2i9A.CG.'o3p,8405;  Printer  should  print,  in  slip  form,  and  distribute  760 
Harmon,  Aug.sii  copies  of  private  laws,  postal  conventions,  and  treaties. 

i894chcti741838'  fi)  ^°  wuat  appropriation  the  expense  of  these  copies  is  to 
be  charged  is  a  question  which  may  be  asked  of  the 
Comptroller  of  the  Treasury,  and  should  not  be  answered 
by  the  Attorney-General. 

46326VThetMerrT  ^>r^ze — Armed  merchant  vessel  not  in  service  not  entitled  to 

mac',  Biatch.epr!     share. — An  armed  merchant  vessel  which  is  not  in  the 

Cas.,574.  service  of  the  United  States  and  has  no  commission  from 

the  Government  is  not  entitled  to  share  in  the  proceeds 

of  a  prize,  although  she  is  present  at  the  capture  and 

cooperates  therein. 

4624^3  staf'L8'  (a)  Appraisal,  etc.,  of  property  taken  by  Government. — When- 
314,8.27.  a  ever  any  captured  vessel,  arms,  munitions,  or  other  mate- 

rial are  taken  for  the  use  of  the  United  States  before  it  comes 
into  the  custody  of  the  prize  court,  it  shall  be  surveyed, 
appraised,  and  inventoried  by  persons  as  competent  and 
impartial  as  can  be  obtained,  and  the  survey,  appraise- 
ment, and  inventory  shall  be  sent  to  the  court  in  which 
proceedings  are  to  be  had;  and  if  taken  afterwards,  suf- 
ficient notice  shall  first  be  given  to  enable  the  court  to 
have  the  property  appraised  for  the  protection  of  the 
rights  of  the  claimants  and  captors.  In  all  cases  of 
prize  property  taken  for  or  appropriated  to  the  use  of  the 
Government,  the  Department  for  whose  use  it  is  taken 
or  appropriated  shall  deposit  the  value  thereof  with  the 
assistant  treasurer  of  the  United  States  nearest  to  the 
place  of  the  session  of  the  court,  subject  to  the  order  of 
the  court  in  the  cause. 

34ot)i76w(u'099'  W  Tlie  °Pinion  cifce(i  discusses  the  case  of  the  steamer 

s*e;  also*  T'UO     Nuestra  Signora  de  Eegla,  and  advises  that  there  should 

Biatch  ideas'     be  an  aPPeal  to  tlie  Supreme  Court  of  the  United  States. 

204.  The  claimants  of  the  steamer  were  allowed  damages  for 

a  detention  for  a  period  of  568  days.     This  the  opinion 

considers  excessive,  and  says  that  the  number  of  days 

allowed  for  detention  should   be  274;   and  instead  of 

allowance  for  detention  there  should  have  been  allowed 

interest  upon  the  value  of  the  boat  as  appraised. 

4822;I«St'Ma!rt."ffi'  (c)  Commissioners,  prize,  duties  of. — Under  the  statute  cited 

J8G21;  12  stat/L.,'     it  was  held  that  where  the  prize  commissioners  certified  to 

47waub!^4.88au'     the  circuit  court  that  a  prize  steamer  had  arrived  in  the 

district  and  was  delivered  into  their  hands,  there  was 

sufficient  evidence  before  the  court  that  the  vessel  was 

claimed  as  prize  of  war  and  was  in  the  jurisdiction  of  a 

prize  court. 

4641  .^AS?O  "'  W  Distribution  between  vessels. — The  distribution  here  con- 

576: 'c.  cis."  £,'     templated  is  that  between  vessels,  or  between  vessel  or 

vessels  and  the  United  States.    They  confer  no  right  on 

the  court  to  decree  that  the  residue  be  distributed  among 

individuals. 

4639IiTASGao"p8'^^  Expenses  incident  to  sale,  hoic  paid — The  United  States 

ass i;  Root v. u.s.','     district  courts  can  not  make  the  expenses  incident  to  the 

sale  of  prize  money  a  charge  upon  the  fund  for  defraying 

expenses  of  suits  in  which  the  United  States  is  a  party 


FEDERAL  COURT  DECISIONS — OPINIONS  ATTORNEY-GENERALS.      505 

under  this  provision,  if  there  was  a  prize  fund  upon  which 
to  charge  the  expenses. 

(/)  United  States  district  courts  and  questions  of  prize. —  (/)  The  Army 
Such  courts  take  cognizance  of  questions  of  prize  by  vir  sprag^10^.  \ 
tue  of  their  general  jurisdiction.  A.GKOp.,86;The 

.....  7  .    ,  >    >        T     *        *  7  Siren,7Wall.,152. 

(g)  Circumstances  which  warrant  suspicion  but  not  condemna-  (g)  TheThomp- 
tion. — Prize  courts  properly  deny  damages  or  costs  where  5n&8  Ameifc*i 
there  has  been  probable  cause  for  seizure,  which  exists  Cranch,i: 4 uaii., 
where  the  circumstances  warrant  suspicion  but  not  con-  Ma^n?24.e°rge'1 
damnation. 

(h]  Capture  without  probable  cause — restitution. — But  if  the .  <fc)  T.,he  charm- 

j.  •  j  -^  -u    V.T  iug      Betsy,      2 

capture  is  made  without  probable  cause,  the  captor,  even  cranch,  6<;  Ma- 
though  in  command  of  a  United  States  war  vessel,  is  lia-  j?  ^JjaSJajJ! 
ble  to  make  restitution  in  the  full  value  of  the  property  oiution,'  2  Daii.^ 
injured  or  destroyed,  although  the  vessel  is  afterwards  J;  The1  Betsey,1 2 
taken  from  him  by  superior  force.  Bet,  Adm.,  330 ; 

The  Grand  Sa- 
cliem,  3  Dall., 
333 ;  The  Anna 
Maria,  2  Wheat., 
327. 

(i}  Order  of  restitution. — An  order  of  restitution  proves  neu- 
trality,  not  lack  of  probable  cause.  2. 

(j)  Noncommissioned  captor — salvage. — A  noncommissioned 
captor  can  proceed  only  in  the  prize  court  as  for  salvage, 
the  amount  of  which  is  discretionary  and  reviewable  by  ca 
the  appellate  court. 

(7v)  Revising  judgment  of  prize  courts. — The  Executive  can  (*)  n  A.  G. 
not  revise  the  judgment  of  prize  courts. 

(/)  Disavoiving  the  capture. — But  it  may  disavow  the  cap-  (i)  The  Fior- 
ture,  and  thereafter  the  courts  can  not  condemn  the  ves- ida' 101  u>  s>'37' 
sels  as  prize. 

( m )  Final  disposition  of  a  prize  cause. — A  prize  cause  is  finally  g  (^4<?eS0otatv 
disposed  of  when  the  captured  property  is  adjudged  to  u.  s.,  ;o  cTcis! 
be  or  not  to  be  lawful  prize ;  for  that  is  the  judgment  on  R"  211- 
the  merits,  and  then  the  rights  of  the  parties  are  fixed, 
and  nothing  remains  to  be  done  but  the  application  of 
the  judgment. 

(n )  Maximum  charge  in  bill  of  costs. — In  the  case  cited  a  ch  arge  g  <  ^J*  f^S? £' 
by  the  prize  commissioner  in  his  bill  of  costs  of  1  per  cent  liiatch/Pr.  cas6,' 
custody  fee  on  the  proceeds  of  the  vessel  and  cargo  was595- 
disallowed  as  exceeding  the  maximum  fixed  by  statute. 

(o)  Property  captured  on  land. — Property  captured  on  land^^^81!^- 
by  a  United  States  naval  force  is  not  "maritime  prize." andeVs  cotton,X2 

Wall.,  404;  U.S. 
v.  Stevenson,  3 
Ben.,  119;  The 
Nue*stra  Senora, 
108  U.S., 92. 

(p)  Capture  on  river  130  miles  from  mouth. — A  capture  on 
the    Koanoke    River  130  miles   from    its  mouth  is  not  577. 
maritime  prize. 

(q)  Property  destroyed  by  Army  and  Navy  in  cooperation. —  13\. 
Prize  money  or  bounty  in  lieu  thereof  is  not  allowed  by  ter  v.  u.  s.,  ioe 
the  laws  of  Congress  where  vessels  of  the  enemy  are  cap-  IJ'SM  607- 
tured  or  destroyed  by  the  STavy  and  Army  in  cooperation,    (r)  TheWando, 

(r)  Coin  may  be  prize.  i  Lowell,  is. 

(s)  Cotton  abandoned  by  the  enemy  or  blockade  runner  and  Co(tt0nBfdle9n  °f 
taken  by  a  cruiser  may  be  prize. 


506   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

<«)  TLC  saiiy  (£)  Vessel  liable  to  confiscation.  —  If  the  vessel  is  liable  to 
Magee,  3  confiscation,  the  cargo  is  presumed  to  be  so  also. 

(«)  The  sal-  (u)  Persons  found  on  captured  vessel.  —  Persons  found  on  the 
vor,4Phiia.,409.     captured  vessel,  though  subject  to  the  court's  control  for 
the  purpose  of  examination,  do  not  pass  into  judicial 
custody  with  the  vessel  and  cargo. 

i  Lowene28oiren'  (r)  Priz€  or  no  Prizei  subject  of.—  The  statute  of  1864  did 
not  exhaust  the  subject  of  prize  or  no  prize.  There  may 
still  be  captures  which  go  to  the  United  States  only,  and 
not  to  the  captors;  and  there  may  be  prize  without 
captors. 
(wl"Sei?am>?~  (w)  Municipal  forfeiture.  —  A  statute  creating  a  municipal 

ton,  5  Wall.,  376;  V     L     f  .,        J?      •>      J  TT  ^.11  L*        • 

The  saiiy,  8     forfeiture  does  not  override  or  displace  the  law  of  prize. 

J  (x)  L'invinci-  (#)  Exclusive  cognizance  of  prize  questions.  —  The  capturing 
We,  i  wheat.,     pOwer  has  jn  general  the  exclusive  cognizance  of  prize 
uestions. 


e  v.  (y)~  Condemnations  by  prize  courts.  —  Condemnations  by  prize 
R.',I."  2  courts,  being  final  in  actions  between  individuals  and  as 

to  the  condemned  vessels,  give  to  purchasers  a  good  title 
against  all  the  world,  but  they  do  not  bind  foreign  nations 
or  bar  claims  which  are  valid  by  international  law. 
ef  Vwhfat  (z)  ^a^s  °f  inquiry  °f  netitral  powers.  —  A  neutral  power 
298;aThe  Santis-     may  inquire  whether  its  neutrality  has  been  violated. 

sima  Trinidad,  7 
id..  283. 

MexSo^s'K  (aa)  lAbel  in  prize  —  in  case  of  piracy.  —  To  sustain  a  libel  in 
i48?T°he  Am-     prize,  a  state  of  war  must  exist;  in  a  case  of  piracy,  the 
o     P^ate  is  presumed  to  have  declared  universal  war. 

Nuestra  Senora, 
4  Wheat.,  497; 
Pr.Cas.,2Black., 
635. 

<&6)9A.G.Op.,  (bb)  Ascertaining  nationality  of  a,  vessel.  —  Any  measures 
which  the  commander  of  an  armed  vessel  may  take  to  as- 
certain the  nationality  of  another  vessel,  beyond  firing  a 
blank  shot,  or,  in  case  of  delay,  a  shot  across  the  latter's 
bows,  is  at  his  own  peril. 
i  Loidih95Deer'  (cc)  ®alva(J€*  —  Salvage  may  be  given  in  lieu  of  prize  to  per- 

sons not  of  the  Navy. 

u.  s.  v.  (dd)  Irregularities  corrected.  —  Irregularities  in  prize  cases 
£g$t     may  be  readily  corrected. 
<e«)TJ.s.«.ste.  (ee)  Seizureof  property  on  land.  —  The  law  of  nations  does  not 
venson,  3  Ben.,     authorize  the  seizure  of  enemy's  property  as  prize  of  war 
on  land.     Such  a  seizure  must  be  upheld  by  the  municipal 
laws  of  the  nation  seeking  to  enforce  the  forfeiture. 
g  ^is^Th^sir^^  Proofs  to  warrant  condemnation.  —  Usually  a  case  in 
w  m.  ;p  e  "i,  5     prize  will  not  be  heard  on  further  proofs  than  such  as  come 
Georg'ia*77i!d.?az*     from  the  ship,  unless  upon  this  evidence  the  case  is  not 
The   DOB   Her-     sufficiently  clear  to  warrant  condemnation  or  restitution. 

manos,  2  Wheat., 
7fi:  The  Pizarro, 
id.,  227;  The 
Amiable  Isa- 

(M)  Hwpe'r  v.  (gg]  Burden  of  proof.  —  In  prize  proceedings  the  burden  of 
R.',  40822  C>  Cl8'     proof  is  on  the  vessel. 

(hh)  The  saiiy  (hh)  Cases  usually  heard  on  the  papers.  —  Cases  of  prize  are 
Magee,  3  Wall.,     usually  heard,  in  the  first  instance,  upon  the  papers  found 
on  board  the  vessel,  and  the  examinations  taken  in  pre- 
paratorio. 


FEDERAL  COURT  DECISIONS OPINIONS  ATTORNEY-GENERALS.       507 

(ii)  Verification  of  ship's  papers  and  examination  ofcreic. —    (u)  The  Piz- 
The  ship's  papers  should  be  brought  into  court  and  veri-  g™1  2  wheat'' 
fied  on  oath  by  the  captors,  and  the  examination  of  the 
captured  crew  should  be  taken  upon  the  standing  inter- 
rogatories, and  not  viva  voce,  in  open  court.     Kor  should 
the  captured  crew  be  permitted  to  be  reexamined  in 
court,  for  they  are  bound  to  declare  the  whole  truth  upon 
their  first  examination. 

(jj)  Act  showing  intention  to  seize. — Some  act  should  be    a?)  The  a™- 
done  showing  an  intention  to  seize  and  retain  as  prize  in^8'  9 
order  to  constitute  a  capture;  but  it  is  sufficient  if  such 
intention  is  fairly  to  be  inferred  from  the  conduct  of  the 
captor. 

(kb)  Capture  by  noncommissioned  captor— false  claim,  etc. —  g^^^f^ 
Whenever  a  capture  is  made  by  a  noncommissioned  cap-  wheat.,  i. 
tor,  the  Government  may,  after  a  decree  of  condemnation 
and  before  the  distribution  of  the  prize  proceeds,  contest 
the  rights  of  the  captor,  and  the  condemnation  must  be 
to  the  Government.  It  rests  on  the  claimant  to  prove 
that  his  interest  is  neutral,  according  to  the  rules  of  the 
prize  courts,  and  if  it  is  not  established  beyond  a  reason- 
able doubt  condemnation  follows.  The  assertion  of  a 
false  claim,  in  whole  or  in  part,  by  an  agent,  or  in  con- 
nivance with  the  real  owner,  is  a  substantive  cause  of 
condemnation. 

(II)  Ownership  of  property  seized. — When  a  vessel  is  HaWe  w^6^}}? 
to  confiscation,  the  first  presumption  is  that  the  cargo  is  451. 
also,  and  ownership  thus  presumptively  in  the  enemy  is 
not  disproved  by  a  test  affidavit  couched  in  general  terms 
of  denial  and  unsupported  by  other  affirmative  evidence. 
The  ownership  of  property  belonging  to  the  enemy  can  not 
be  changed  while  it  is  in  transitu.  The  capture  clothes 
the  captors  with  all  the  rights  of  the  owner  which  sub- 
sisted at  the  commencement  of  the  voyage,  and  anything 
done  thereafter  designed  to  incumber  the  property  or 
change  its  ownership  is  a  nullity. 

(mm)  What  a  libel  in  prize  must  allege. — The  rule  is  that  a  (1  ^™>  eTdh®  An2 
libel  in  prize  must  allege  generally  the  fact  of  capture  as  wall.,  431. 
prize  of  war.    It  need  not  allege  the  particular  cause  for 
which  the  vessel  has  been  seized. 

(nn)  The  fact  of  capture  gives  jurisdiction. — The  filing  of  the  ^"^Jjf  ^JJ' 
libel  is  not  necessary  to  give  jurisdiction  to  a  court  of 8a 
admiralty  over  a  vessel  captured  de  jure  belli.    The  fact 
of  the  capture  gives  jurisdiction.    Property  arrested  as 
prize  is  not  attachable  at  the  suit  of  private  parties,  and 
if  they  have  any  claims  against  it  they  must  present 
them  to  the  court  of  prize. 

(oo)  Decree  of  inferior  court. — The  decree  of  an  inferior  court  (M)  The  spring. 
will  not  necessarily  be  reversed  because  in  its  discretion  °  ' 
it  has  allowed  an  invocation  to  be  made  on  the  first  or 
original  hearing,  such  invocation  not  beingregularly  made 
on  the  first  hearing,  but  only  after  a  cause  has  been  fully 
heard  on  the  ship's  documents  and  the  preparatory  proofs, 
and  where  suspicious  circumstances  appear  therefrom. 

(pp)  Mortgage  on  vessel  or  cargo  held  by  innocent  party. — A 
mortgage  on  a  vessel  or  cargo  held  by  an  innocent  party 


508   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

is  not  a  jus  in  re  so  as  to  be  protected  by  the  law  of  nations 
in  a  prize  court.  It  is  a  mere  lien,  and  simply  security 
for  the  debt  for  which  it  is  given. 

(og)  The  Watch-  (qq)  No  case  made  out,  but  suspicious  circumstances. — Where 
no  case  of  prize  was  made  out  by  the  evidence,  but  there 
were  other  suspicious  circumstances  showing  a  prima 
facie  case  of  violation  of  the  navigation  laws,  and  prob- 
ably of  the  revenue  laws  also,  the  court  held  that  the 
proper  practice  was  to  dismiss  the  libel  and  to  remand 
the  case  to  the  court  below  for  an  amendment  of  the  libel, 
or  for  such  other  proceedings  as  the  Government  might, 
under  all  the  circumstances,  see  fit  to  adopt. 

(rr)  The  Geor-  (rr)  FurUierproofs. — Where  both  parties  have  taken  further 
gia,  7  Wail.,  32.  proofs  without  objection,  the  inference  is  that  there  must 
have  been  an  order  for  the  same,  or  else  that  the  deposi- 
tions were  taken  by  mutual  consent,  and  the  court  of 
appeals  will  not  entertain  a  motion  that  all  the  deposi- 
tions except  those  in  preparatorio  should  be  stricken  out 
or  disregarded  because  it  does  not  appear  that  any  order 
has  been  granted  on  behalf  of  either  party  to  take  further 
proofs. 

(88)  swan v. u.  (ss)  Distribution. — The  word  "distribution"  refers  to  two 
s.,  19  c.  cis.  R.,  things :  First,  a  division  of  the  prize  money  between  two  or 
more  vessels  making  or  aiding  in  the  capture,  or  between 
the  capturing  vessel  or  vessels  and  the  United  States; 
second,  a  division  among  the  fleet  officers  and  the  officers 
and  crew  of  a  capturing  vessel  of  the  prize  money  awarded 
to  her  by  judicial  decree.  The  former  must  be  decreed 
by  a  prize  court,  the  latter  by  the  Treasury  and  Navy 
Departments. 

(«)  The  Nas-  (tt)  Demands  against  property  captured. — Demands  against 
SeiSromedai     property  captured  as  prize  of  war  can  be  adjudged  only 

in  a  prize  court. 

s  4652 *Th'SAd'f  (MM)  Recapture — salvage. — Cases  of  recapture  are  cases  of 
line,  9  crenel  prize.  Salvage  is  an  incident  to  the  question  of  prize,  and 
w4heathe78StTrhe  American  property  recaptured  may  be  restored  on  pay- 
Ann  Green,  i  nient  of  salvage. 

Gall.,  274.  289. 

supra. Tl    Star'  (vv)  Sentence  of  condemnation  extinguishes  title. — By  the  gen- 
eral maritime  law  a  sentence  of  condemnation  completely 
extinguished  the  title  of  the  original  owner,  and  where 
property  was  recaptured  after  a  sentence  of  condemna- 
tion had  been  passed  upon  it  the  original  owner  was  held 
Rev  stat      no*  en^led  to  restitution  on  the  payment  of  salvage. 
s.  ?4624,  The  At-  (ww)  Vessels  making  capture. — The  vessels  making  the  cap- 
T  h^'3sTiam  a25i     ture  may include  not  only  those  doi ng  damage  by  their  fire, 
Loweii,30:iA.G.     but  also  those  which  are  near  at  hand,  and  by  diverting 
op.,^594        id.,     the  enemy's  fire,  etc.,  hasten  the  surrender. 

sc%u™m$L(xx\  Forfeiture,  etc.—  Neither  the  act  of  July  13,  1861,  pro- 
Hani  p't  o  n,  5  viding  for  the  forfeiture  of  vessels  and  cargoes  in  certain 
cases,  nor  the  act  of  March  3,  18G3,  to  protect  the  liens 
upon  vessels  in  certain  cases,  refers  to  captures  jure  belli; 
and  neither  affects  the  law  of  prize.  "  The  case  of  The 
Sally  is  a  direct  decision  of  this  court  that  a  statute  cre- 
ating a  municipal  forfeiture  does  not  override  or  displace 
the  law  of  prize.'' 


FEDERAL  COURT  DECISIONS  -  OPINIONS  ATTORNEY-GENERALS.       509 


(yy)  Title,  etc.  —  ]STo  title  can  be  derived  but  from  the 
acts,  and  seizures  made  jure  belli  by  noncommissioned  wi 
captors  are  made  for  the  Government.  The  noncommis- 
sioned captor  can  proceed  in  a  prize  court  only  as  for  sal- 
vage, the  amount  of  which  lies  in  the  discretion  of  the 
court,  and  unless  there  is  a  very  clear  case  of  mistake  in 
the  exercise  of  this  discretion  the  appellate  court  will  not 
interfere. 

(zz)  Commanders  of  (Urisions  and  feet  captains.  —  By  the  g  g^11^1  f_ta£' 
statute  cited,  repealing  all  acts  inconsistent  therewith,  op.,  150.524;'  ii 
paragraphs  1  and  2  of  this  section  are  to  apply  to  com-  j^f  |  ^  ^ 
manders  of  divisions  and  fleet  captains  from  April,  1861  256;  is  stat.  LM' 
(the  commencement  of  the  late  war),  and  the  shares  shall63 
be  paid  in  the  manner  as  provided  for  division  command- 
ers in  said  paragraph  2,  said  payments  to'be  made  out  of 
the  naval  pension  fund. 

(aaa)  "  Commander  of  a  single  ship."  —  In  the  reenactment  of    <a<Ml>  H'i  •?'•!?• 

\  '  ^  _     *^  -1-  ,  /•»  •  i  in   ol66Y6r,     J.l«i      U. 

the  fourth  rule  the  words  "  commander  of  a  single  vessel"  s.,  753. 

are  here  substituted  for  "commander  of  a  single  ship." 
(bbb)  Laic  regulating  distribution  of  prize  money.  —  The  law    (666)  n  A.  G. 

regulating  the  distribution  of  prize  money  among  naval  o$;  94)  102'  147) 

captors  is  a  conditional  grant  by  Congress  which  becomes 

absolute  as  soon  as  the  conditions  are  fulfilled. 
(ccc)  Proceeds  of  captured  property.  —  Apart  from  such  ex-  >cc>  The  Mer- 

press  grant,  the  proceeds  of  property  captured  as  prize  p™  cas.,  5&!c 

of  war  belong  exclusively  to  the  Government. 
(ddd)  Torpedo  steam  launch  is  a  "ship."  —  A  torpedo  steam    (ddd)  v.  s.  v. 

^    -i  -i      •  //    i  •     ">       -±i  •      0.1  •  j?  j.i  •  j  Steever,    supra: 

launch  is  a  "ship"  within  the  meaning  of  this  act,  anduA.a.Op.,150, 
under  the  last  clause  of  rule  5  prize  money  is  to  be  dis-  |6^n^  ul"s  6& 
tributed  among  the  subordinate  officers  and  crew  of  ab.  cis.  k,Vi!' 
ship  according  to  their  pay  at  the  time  of  the  capture, 
unaffected  by  subsequent  promotion  as  of  that  time. 

(hhh)  Officer  absent  when  capture  is  made.  —  An  officer  absent    (hhh)  n  A.  GK 
on  leave  is  not  entitled  to  share  in  prizes  captured  during  °PM  32 
his  absence. 

(Hi)  Rights  of  individual  captors.  —  The  rights  of  individual    (ut)  Swanw.u. 
captors  become  fixed  at  the  moment  of  capture.    The  ''  supra* 
promotion  of  an  officer  after  capture  and  before  distribu- 
tion, though  his  commission  takes  effect  from  the  date  of 
capture,  does  not  affect  his  share  of  the  prize  money. 

(jjj)   When  entitled  to  only  one-half  the  prize  money.  —  Where  1  (jjj)  The  At- 
a  captured  vessel,  which  was  of  superior  force  to  either  of  42?!a'  3 
two  vessels  she  proceeded  to  attack,  but  of  inferior  force 
to  the  two  combined,  fired  on  one,  but  was  forced  to  sur- 
render by  the  destructive  fire  of  the  other  at  the  second 
shot,  the  capturing  force  was  held  to  be  of  superior 
strength,  as  both  vessels  must  be  counted,  and  conse- 
quently that  they  were  entitled  to  only  one-half  the  prize 
money. 

(Mk)  Libel  in  prize.  —  A  state  of  war  must  exist  to  sustain  o^**^  -TheCi?y 
a  libel  in  prize.  of  Mexico,  23  r. 

R.,  148. 

(Ill)  Piratical  aggression.  —  A  vessel  captured  for  piratical    <HO 
agression  becomes  a  prize  on  account  of  the  universal  war 
presumed  to  have  been  declared  by  the  pirate  against 
commerce  and  human  kind.     There  must  be  some  overt 
act,-  intent  is  not  sufficient. 


510   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 


Rev.  stat.  ^s. 
i88i,;ch*24fstat! 

L.,  317.  ' 

8  (i48?ei9  ISat" 
L.,  242  1  IT  stat.' 

*"•  192- 


Professors  of  mathematics.  —  They  must  pass  a  physical  and 
professional  examination  before  appointment. 


stat.,  s.  1475. 


i46(?v'  Autat>>  15 
1876;  i7U4.  G'. 

?46o  Pi464i95we8re 
repealed  by  the 

i882.°f  Aug'  5' 


Act  June  22, 
Act  June  15, 


Rev.  stat., 


i444ev'i8StA"  G' 
OT>.,  393,  Garland] 


,  299;  4  Op., 


(a)  Restive  rank  of.  —  Professors  of  mathematics  shall  have 
relative  rank  as  follows:  Three,  the  relative  rank  of  cap- 
tain;  four,  that  of  commander;  and  five,  that  of  lieuten- 
ant-commander or  lieutenant, 

The  grades  established  in  the  six  preceding  sections 
for  the  staff  corps  of  the  Navy  shall  be  tilled  by  appoint- 
ment from  the  highest  members  in  each  corps,  according 
to  seniority;  and  new  commissions  shall  be  issued  to  the 
officers  so  appointed,  in  which  the  titles  and  grades 
established  in  said  sections  shall  be  inserted;  and  no 
existing  commission  shall  be  vacated  in  the  said  several 
staff  corps,  except  by  the  issue  of  the  new  commissions 
required  by  the  provisions  of  this  section  ;  and  no  officer 
shall  be  reduced  in  rank  or  lose  seniority  in  his  own  corps 
by  any  change  which  may  be  required  under  the  pro- 
visions of  the  said  six  preceding  sections:  Provided, 
That  the  issuing  of  a  new  appointment  and  commission 
to  any  officer  of  the  Pay  Corps  under  the  provisions  of 
this  section  shall  not  affect  or  annul  any  existing  bond, 
but  the  same  shall  remain  in  force,  an4  apply  to  such 
new  appointment  and  commission. 

Form  of  commission-  —  A  commission  to  D.,  "  a  pay  inspector 
from  the  -  day  of  -  ,  A.  D.  187  —  ,  with  the  rela- 
tive rank  of  commander,"  gives  the  appropriate  title  and 
grade  of  the  officer  it  names,  and  satisfies  this  section. 

^romo^on  while  on  retired  list.  —  Attorney-General  Brewster, 
in  expressing  an  official  opinion  on  the  scope  and  mean- 
in&  of  tne  section  cited,  says  :  "An  officer  who  was  retired 
as  a  commodore,  and  has  since  been  promoted  to  the  grade 
°f  rear-admiral  on  the  retired  list,  under  the  act  cited,  is 
not  entitled  to  any  increase  of  pay  by  reason  of  his 
promotion." 

The  first  section  of  the  act  cited  is  in  pari  inateria  with 
the  provision  touching  the  pay  of  promoted  officers  con- 
tained  in  the  second,  third,  and  fourth  citations,  and  was 
designed  to  fix  the  commencement  of  the  increased  pay 
of  promoted  officers  in  active  service  only. 

The  statute  here  cited,  which  declares  that  an  officer 
promoted  on  the  retired  list  shall  not,  in  consequence  of 
such  promotion,  be  entitled  to  increase  of  pay,  is  applica- 
ble alike  to  officers  promoted  under  section  1461,  Revised 
Statutes,  and  to  those  promoted  under  section  1460,  as 
amended. 

By  act  of  August  5,  1882,  it  was,  however,  provided 
that  thereafter  there  should  be  "no  promotion  or  increase 
of  pay  in  the  retired  list  of  the  Navy." 

Promotion.—  February  18,  1886,  E.,  a  rear-admiral,  was,  un- 
der  the  section  cited,  transferred  from  the  active  to  the 
retired  list  of  the  Navy,  and  T.,  a  commodore  (being  first 
in  the  line  of  promotion),  was,  after  having  successfully 
passed  an  examination,  nominated  by  the  President  to 
be  a  rear-admiral  to  fill  the  vacancy  caused  by  the  retire- 
ment of  E.  While  this  nomination  was  before  the  Senate 


FEDERAL  COURT  DECISIONS OPINIONS  ATTORNEY-GENERALS.      511 

awaiting  action  thereon,  T.  attained  the  age  of  G2  years, 
and  under  the  section  cited  was  transferred  froin  the 
active  to  the  retired  list  to  rank  as  commodore :  Advised, 
That,  according  to  the  law  and  usage  of  the  service, T. 
was  entitled  to  be  rear-admiral  from  18th  of  February, 
1886,  by  relation,  and  to  receive  the  pay  of  a  rear-admiral 
from  that  date,  and,  if  the  Senate  should  confirm  his  nomi- 
nation, might  be  commissioned  as  a  rear- admiral  and 
placed  on  the  retired  list  as  of  that  grade. 

Promotion,  examination  for. — By  the  statute  cited  in  exami-  Rev.  stat.,  s. 
nation  for  promotion  in  the  Navy  no  fact  decided  at  a  L.,  ias,  eh,  267*1 
previous  examination  is  to  be  inquired  into,  unless  such  2rh^1??0?Mt>'  -,?• 

•7,  .  .  ,  .,  n  ,  n    n  m  »•!  1"    ^-    Ulfl.  It., 

fact  continuing  shows  the  unfituess  of  the  officer  to  per-  eo*. 
form  all  his  duties  at  sea;  and  where  this  rule  has  been 
violated  the  President  may  order  a  reexaniination.  This 
act  does  not  authorize  the  President  and  Senate  to  place 
officers  on  the  retired  or  active  list,  or  repeal  the  laws 
limiting  the  active  force  of  the  Navy.  As  a  general  act, 
it  was  intended  to  regulate  appeals  for  special  legislation 
on  the  subject,  substituting  a  judicial  inquiry  in  the 
department  for  investigations  by  its  committee. 

(a)  By  the  statute  of  June  22, 1874,  a  Navy  officer  promoted    («)  Rev.  stat., 
in  course  has  the  pay  of  the  grade  to  which  he  is  pro-L./m- 
moted  from  the  date  he  takes  rank  therein,  if  subse-  Sn 
quent  to  the  vacancy  he  is  appointed  to  fill.     This  cuts  u.  k,  iV*     cis! 
off  increase  of  pay  until  promotion.  R-» 623- 

Promotion,  officers  rejected  from. — u  When  the  case  of  any    Rev.  stat.,  s. 
officer  has  been  acted  upon  by  a  board  of  naval  surgeons 1447< 
and  an  examining  board  for  promotion    *     *     *     and 
he  shall  not  have  been  recommended  for  promotion  by 
both  of  the  said  boards,  he  shall  be  placed  upon  the 
retired  list.77 

(a)  Proceedings  without  notice. — If,  upon  proceedings  taken    (a)WA.G.op., 
by  a  naval  board  without  notice  to  the  officer  interested, " 

its  findings  are  approved  by  the  President  and  the  officer 
is  retired,  the  order  of  retirement  may  be  revoked  and 
the  officer  allowed  a  hearing  so  long  as  the  vacancy  in 
the  office  remains  unfilled. 

(b)  Eight  to  be  present. — "Any  officer  whose  case  is  to  be  g  f^fev-  stat" 
acted  upon  by  such  examining  board  shall  have  the  right 8 

to  be  present,  if  he  so  desires,  and  to  submit  a  statement 
of  his  case  on  oath." 

(c)  Same  as  in  the  Army. — "Act  to  provide  for  the  examina-  32i-  &ct  jSy  23] 
tion  of  certain  officers  of  the  Marine  Corps,  and  to  regulate  1892- 
promotion  therein.'7 

Promotion  and  pay, — By  the  statutes  cited  a  Kavy  officer  Rev.  stat.,  aa. 
promoted  in  course  has  the  pay  of  the  grade  to  which  be  stat. ".Via" 
is  promoted  from  the  date  he  takes  rank  therein,  if  sub-  Hu"*  *-.  ¥•  A' 
sequent  to  the  vacancy  he  is  appointed  to  fill.  This  cuts  amson  «.  ul  s.," 
off  increase  of  pay  until  promotion.  19  c-  cis.R.,623. 

Publications  for  official  use. — The  head  of  a  Department  has  Act  Jan.  12, 
no  right  under  the  section  cited  to  make  a  requisition  onjfj1^  j^2^ 
the  Public  Printer  for  a  greater  number  of  copies  of  pub-  rad  Actg.  A.  G., 
lications  other  than  "bills  and  resolutions77  than  the June 22' 1896' 


512       LAWS    RELATING   TO    THE    NAVY,  MARINE    CORPS,  ETC. 

number  of  bureaus  in  the  Department  and  divisions  in 
the  office  of  the  head  thereof. 

Lf  lie  makes  the  requisition  under  the  general  authority 
vested  in  his  Department,  and  with  the  understanding 
that  the  cost  is  to  be  charged  against  the  printing  appro- 
priation for  his  Department,  he  has  the  right  to  make 
such  requisition,  and  the  Public  Printer  has  no  authority 
to  pass  upon  the  character  of  publications  which  he  may 
deem  essential  for  carrying  out  the  work  of  his  Depart- 
ment. 

i3?geV6  AS  G*bp!'  Pursers- — In  the  absence  of  a  duly  appointed  purser  the  com- 
as?. '  mauder  of  a  naval  squadron  on  a  foreign  station  may 

appoint  an  acting  purser. 

or'-  (a)  ^  purser's  pay  stops  when  his  resignation  is  accepted, 
U'  S''     although  the  office  may  be  kept  alive  for  settlement, 
^s  HOW  "ss  •  W  Pursers  are  n°t  allowed  extra  pay  for  any  official  duty. 

Crabbe,  563;  Car- 
penter v.  TJ.  S.,  15 
C.  Cls.  K.,247. 

w(hite '  TSaney'  (c)  ^avv  agents  are  not  allowed  extra  compensation. 

152. 

at(<?24  u '  8*303"  W  Under  section  1378  the  Pay  Corps  is  limited  to  officers 
308;  22  c.' cis.  R.',  commissioned  by  the  President,  and  clerks  and  others 
not  so  commissioned  do  not  belong  to  the  Pay  Corps. 

(e)  Rev.  stat.,  (e)  The  appointment  of  a  suitable  person  to  act  as  purser 
derail.  s°,822a?!  ends  when  a  regularly  appointed  paymaster  reports  for 
cis.  R.,  2i8'.'  duty,  and  without  discharge  or  revocation. 

(/oQRe£  s«at-1  (/)  A  purser's  bond  to  the  Government,  even  when  not 

8.     lOOO:     \)  .      £).     V.    ^     '  '1  t     't  t  •  T    1  1  1_T  i* 

Tiiigey,  5  Pet ,  prescribed  by  law,  is  valid  as  a  common-law  obligation, 
sl56Wa™n7g88';iL  and  if  nis  duties  are  not  defined  by  statute  and  are  reg- 
s'.1  v.  Buchanan,'  ulated  by  usages  or  the  orders  of  the  Department,  these 

should  be  pleaded  in  a  suit  for  breach  of  the  bond, 
s  &J*6!'  ltaa"  (9)  The  offices  of  Navy  agent  and  of  Navy  pension  agent 
o'p.,  302;  4  A'.  G!     are  not  created  by  law,  nor  are  their  duties  denned  by 
H^'w^ki  ?8S'i6     ^aw?  ^)U*' tne  former  and  pursers  are  both  disbursing  offi- 
pet.,i25;  u.'s.r.     cers  whose  accounts  are  kept  separately  at  the  Treasury 

Cullis,   2  Curtis,         nonaT>f™cmf 

617 :  u.  s.  v.  Wen-     -LJepartmeiii. 

dell.  2  Clif..  340. 

i579eVHe?b^rt  I'.  Rations. — An  apothecary  in  the  Navy  doing  detail  duty  at 
r.  s.',2ic.cis.R.,  the  marine  barracks  is  not  entitled  to  a  daily  ration  under 
|3.;  2o"c\  cU  i?.'  the  section  cited.  But  petty  officers  and  seamen  attached 
423.  to  and  doing  duty  on  shipboard,  though  not  upon  a  sea- 

going vessel,  are  included  in  the  words  "  ordinary  of  a 
navy-yard,"  and  are  entitled  to  a  ration.  The  section 
does  not  authorize  a  ration  for  the  apothecary  of  the 
Naval  Academy  when  engaged  on  shore  duty. 
.'  3o|  (a)  Cadets,  boys,  and  men  entitled  to  rations. — The  statute 
cited  contains  the  following  proviso:  "That  all  enlisted 
men  and  boys  in  the  Navy,  attached  to  any  United  States 
vessel  or  station  and  doing  duty  thereon,  and  naval 
cadets,  shall  be  allowed  a  ration,  or  commutation  thereof 
in  money,  under  such  limitations  and  regulations  as  the 
Secretary  of  the  Navy  may  prescribe." 


FEDERAL  COURT  DECISIONS  -  OPINIONS  ATTORNEY-GENERALS.       513 

Rank.  —  Secretary  of  the  Navy  may  adopt  a  rule  to  regulate  22  stat.L.,  472; 
the  relative  rank  of  Navy  officers,  and  afterwards  rescind  $[.  g^V!'  £*. 
it  and  adopt  another,  and  the  civil  courts  can  not  inter-  ^h]itn£7>''  * 

„          .,  .  x  ,  ,    '  Mackev,  370;  see 

fere  therein  by  mandamus.  Gould  and  Tuck- 

Statute  of  March  3,  1883,  chapter  97,  appropriates  for  l^0^11^ 
nine  hundred  masters,  the  title  of  which  grade  is  hereby  on  8!'  410-  see 
changed  to  that  of  lieutenants,  and  the  masters  now  on  J?"Jjl0^3d  ^  u4C2i,' 
the  list  shall  constitute  a  junior  grade  of,  and  be  com-  note  on  a.  1521. 
missioned  as,   lieutenants,  having  the  same  rank  and 
pay  as  now  provided  by  law  for  masters,  but  promotion 
to  and  from  said  grade  shall  be  by  examination,  as  pro- 
vided by  law  for  promotion  to  and  from  the  grade  of 
masters;  and  nothing  herein  contained  shall  be  so  con- 
strued as  to  increase  the  pay  now  allowed  by  law  to  any 
officer  in  the  line  or  staff. 

Recommendation  of  Retiring  Board.  —  The  cited  section  4  °f  15JeVaCtSj?j  •  jj* 
the  statute  of  18613  did  not  authorize  the  appointment  iges/s!?;  n  J.G'. 
of  an  examining  board  to  recommend  the  retirement  or°p-'105- 
promotion  of  naval  medical  officers. 

Reenlistment.  —  Under  the  statute  cited  service  in  the  Navy  1fi^ct,F?k.  2Ji 

,-i  -.-i  J_T  i  •    j_     "          J.oyo,  en.  loo  ;   —  / 

can  not  be  counted,  and  a  man  can  not  be  reenlisted  as  stat.  L.,  478,  01- 
a  private  unless  he  has  already  served  as  such  in  theney'Nov'23)1893- 
Army  for  twenty  years. 

Reexamination.  —  President  may  order  reexaininatioii  where  14Rev-  stat-'  8- 
the  rule  that  no  fact  decided  at  a  previous  examination  Thompson8*.  trf. 
shall  be  inquired  into,  unless  such  fact  continuing  shows  l^18  c-  cia.  R., 
the  unfitness  of  the  officer  to  perform  all  his  duties  at 
sea  has  been  violated. 

Regulations.  —  "The   orders,  regulations,  and   instructions    Rev-  stat-. 
issued  by  the  Secretary  of  the  Navy  prior  to  July  14,  1862,  fig?,5  j£ 
with  such  alterations  as  he  may  since  have  adopted,  with  Stat-  L->  565 
the  approval  of  the  President,  shall  be  recognized  as  the 
regulations  of  the  Navy,  subject  to  alterations  adopted 
in  the  same  manner." 

(a)  The  following  words  at  the  end  of  the  original  act,  cited  c 

in  the  margin,  "Provided,  That  no  order,  regulation,  or  148,494  ;  120  u'.s.'l 
instruction  contrary  to  any  act  of  Congress  is  hereby  obp.,  10?  id-ffc6' 
recognized  as  valid,"  were  omitted  in  the  revision.    These 
orders,  etc.,  must  conform  to  the  law,  if  a  law  exists  upon 
the  subject,  not  covered  by  statute;  the  Secretary  can 
not  change  the  character  of  an  officer's  service  from  sea 
service  to  shore  service  by  ordering  that  it  be  so  re- 
garded." 

(b)  The  Army  and  Navy  regulations  have  the  force  of  law;  _(&.)  Gratiot 
but  only  with  respect  to  a  person  or  subject-matter  over  V.  Ivi 


which  the  Secretary  has  official  control.  smith™  k'wh? 

iiey,  116  U.  S.f 
180;  J.  Adv.  Gen. 
Op.,  116;  16  A.  G. 

(c)  The  Navy  Regulations  concerning  balances  due  deceased    («)      "    ' 
seamen  and  marines,  wills  of  persons  in  actual  service,  49 
payment  of  arrearages  under  will?,  etc.,  govern   only 
those  in  the  naval  service,  and  do  not  bind  the  account- 
ing officers  of  the  Treasury  in  the  settlement  of  naval 
accounts. 

376  -  33 


514   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

Kev.  stat.,  s.  Rehearing. — An  officer  retired  by  a  board  without  being 
Op!! bo.16  duly  notified  after  he  has  had  permission  to  be  absent  at 

home  until  notified  may   be  given   a  rehearing  by  the 
President. 

3958  a  a  ?i'a « d"  •Reinstatement'~ Cases  ot  Kobert  B.  Higgins,  Clarence  H. 

May  u,i886.          Matthews,  and  AVilliam  B.  Day.  lor  reinstatement. 

Mr.  Higgins  had  been  illegally  deposed  from  perform- 
ance of  the  duties  and  from  an  enjoyment  of  the  emolu- 
ments of  the  office  of  cadet  engineer,  and  he  accepted 
the  office  of  second  assistant  engineer  in  the  Kevenue 
Marine.  Notwithstanding  the  two  offices  are  incompat- 
ible, and  that  the  general  rule  is  that  the  acceptance  of 
a  second  incompatible  office  operates  as  a  resignation  of 
the  first,  the  acceptance  of  the  second  office  was  not  in- 
consistent with  an  intent  on  Mr.  Higgins's  part  to  resume 
the  exercise  of  the  office  of  cadet  engineer  as  soon  as  he 
might  be  recognized  as  such:  Held,  that  in  view  of  all 
the  facts,  what  he  has  done  does  not  amount  to  a  resig- 
nation or  abandonment  of  the  office  of  cadet  engineer, 
that  he  still  holds  it,  and  should  be  reinstated  in  the 
actual  enjoyment  and  occupation  of  it. 
rYveSii6- uR sd  ^u  ^16  cases  °^  Matthews  and  Day,  who  were  dropped 

474  ^eieopoi<i  v.     from  the  roll,  it  was  held  that  the  action  was  illegal;  that 

K".  IsT^Peridifs     *ue  order  was  void;  that  they  were  still  in  the  service. 

v. u.  s.,'ii6  u.  s.',     and  entitled  to  reinstatement  upon  the  roll  of  the  Navv. 

483. 

63?°  M  a  ^w  eft'  Rernissi°n  of  penalty. — Where  a  contract  for  the  construe  - 
Acting  A.  G.\  tioii  of  a  vessel  for  the  Government  contains  a  clause 
imposing  a  penalty  for  each  day's  delay  beyond  a  stipu- 
lated time  for  finishing  the  vessel,  and  further  provides 
that  any  question  as  to  liability  for  the  infliction  of  said 
penalty  should  be  referred  to  the  Secretary  of  the  Navy 
for  decision,  and  provides  that  his  decision  shall  be  con- 
clusive upon  all  parties  to  the  contract,  it  is  not  proper 
for  a  subsequent  Secretary  of  the  Navy  to  remit  the 
amount  of  penalties  imposed  by  his  predecessor  and  pay 
that  sum  to  the  contractor. 
^  stat- L-> 291'  Repairs,  provision  for,  on  existing  vessels  of  war. 

42?ea'ctSMa"  i'  ReP°rt&  to  Congress  by  Secretary  of  the  Navy, — Clause  1  of 

i82o;aiccomayD.;     the  section  cited  isabbreviated  and  modified  from  thecited 

act,  the  part  of  which  relating  to  the  Secretary  of  War  is 

stated  in  the  revision  in  connection  with  his  Department. 

(a)  In  clause  3  the  word  "showing.''  in  first  line,  is  here 

added,  and  the  words  "  and  showing,"  in  the  fifth  line, 

are  here  substituted  for  "  a  statement"  in  the  original  act. 

i676) ch°  Ssn-  L2i  ^  Tabular  statement  of  receipts. — The   Secretary  of  the 

stat. V.,  33i,' ch.     Treasury  is  required  to  transmit  to  Congress  annually 

a  tabular  statement  of  the  receipts  and  expenditures  in 

the  naval   service  under  each  appropriation,  together 

with  an  account  of  balances  in  the  hands  of  disbursing 

agents  and  a  report  of  any  amounts  lost  or  unaccounted 

for  by  voucher. 

12?  oiueG'  ()|'  ^eservati°n»  naval.  restoration  to  public  domain.  —  Congress 
»,!*». 6]  alone  is  competent  to  subject  to  general  governmental 

uses  land  heretofore  reserved  from  the  public  domain  for 

the  use  of  the  Navy  Department. 


FEDERAL  COURT  DECISIONS  —  OPINIONS  ATTORNEY-GENERALS.       515 

Resignation  of  naval  cadets.  —  "  Where  a  naval  cadet  tendered  Kev.  stat.,  as. 
his  resignation,  and  it  was  accepted  by  the  Secretary  of  ^op^o,1^ 
the  Navy  and  the  cadet  duly  notified  thereof,  but  in  aier,  July  8,'i889: 
short  time  (about  two  weeks)  afterwards  the  cadet  made  97-0-.  8^436,  487*1 
application  to  withdraw  his  resignation,  which  Avas 
granted  by  the  Secretary,  who  at  the  same  time  instructed 
him  to  report  to  the  Superintendent  of  the  Academy: 
Held,  that  by  the  resignation  and  its  acceptance  the  rela- 
tions of  the  cadet  with  the  Naval  Academy  were  com- 
pletely severed  and  his  position  there  became  vacant; 
that  he  could  not  be  reinstated  otherwise  than  by  an 
appointment  in  conformity  to  the  sections  cited  ;  and  that 
the  secretary  in  permitting  the  withdrawal  of  the  resig- 
nation after  its  acceptance  had  no  legal  effect  whatever. 

Retired  officers.  —  The  retired  list  in  the  Navy  is  filled  from    Rev.  stat.,  8. 
the  active  list.    The  lowest  rank  of  the  active  list  is  filled 


from  without,  and  all  the  higher  grades  are  filled  by  R.,604^  ' 
promotion.  5»  "u."  s.i*  So! 

Brown  v.  U.  S., 
id.,  568;  18  C.  Cls. 
E.,  537. 

(a)  Longevity  pay.  —  Officers  on  the  retired  list  are  not  en-    («)  ld- 
titled  to  longevity  pay. 

(b)  Mate,  how  paid.  —  A  mate  appointed  by  private  act  upon    <&>  Bradbury  t>. 
the  retired  list  of  the  Navy  with  the  rank  of  master  is  to  J-  ^20  c-  <-;ls- 
be  paid  as  if  retired  from  the  rank  of  master. 

(c)  Actual  time.  —  The  act  of  March  3,  1883,  chapter  97,    <<?)  22  stat.L., 
makes  the  provision  that  "all  officers  of  the  Navy  shall  473' 

be  credited  with  the  actual  time  they  may  have  served 
as  officers  or  enlisted  men  in  the  Regular  or  Volunteer 
Army  or  Navy,  or  both,  and  shall  receive  all  the  benefits 
of  such  actual  service  in  all  respects  in  the  same  manner 
as  if  all  said  service  had  been  continuous  and  in  the  Eegu- 
lar  Navy  in  the  lowest  grade  having  graduated  pay  held 
by  such  officer  since  last  entering  the  service  :  Provided, 
That  nothing  in  this  clause  shall  be  so  construed  as  to 
authorize  any  change  in  the  dates  of  commission  or  in 
the  relative  rank  of  such  officers:  Provided  further,  That 
nothing  herein  contained  shall  be  so  construed  as  to  give 
any  additional  pay  to  such  officer  during  the  time  of  his 
service  in  the  Volunteer  Army  or  Navy.'' 

(d)  Graduated  pay.  —  Under  this  act  Navy  officers  are  to  be    «*) 
credited  as  of  the  lowest  grade  with  graduated  pay  held 

by  them  after  reentering  the  service.  E.,  332. 

(e)  Service  in  Marine  Corps.  —  Service  in  the  Marine  Corps    («) 

is  service  in  the  Army  or  Navy  within  the  act  of  March  249U2i1c°cis  K  ' 

3,  1883.  20.  ' 

(/)  Extra  compensation  to.  —  If  a  retired  officer  is  designated    tft  ^ei^1s8r^r- 

by  Congress  to  perform  services  Avhich  could  not  be  re-  497. 

quired  of  him,  such  as  the  superintendence  of  the  erec- 

tion of  a  public  building,  he  may  receive  extra  compen- 

sation therefor. 
(g)  Compensation  of,  line  or  staff.  —  The  sections  cited  take    (g)  Rev,  stat., 

the  place  of  all  provisions  in  force  at  the  adoption  of  the  ss  ] 

Revised  Statutes. 


516       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

(*>  Thorniey  e.  (h)  Officers  on  retired  list,  longevity.  —  Xaval  officers,  when 
£•'      on*  the  retired  list,  whether  commissioned  or  warrant,  are 

310:  lo  C.  '-/IS.  .K.,  ,  / 

iii;  Brown  r.u.     not  entitled  to  increase  ot  pay  by  reason  of  longevity. 

S.,  113  U.S.,  568; 

•t  Q  r*    C1]^    "!>       VI""* 

</>'  Mc-cin're  v.  (i)  Retired  in  first  five  years  of  service.  —  A  lieutenant  of  the 
£vS'^e?Thoi^p-  Navy,  retired  in  the  first  five  years  of  service  because 
sou  v.  r.  s.,  «i..  not  recommended  for  promotion,  is  entitled  to  only  one- 


r°r.  "Id^sso  half  his  sea  pay  at  the  time  of  retirement,  under  the  last 
i6ai§ai  V'  ^'  S>>  clause  °f  section  1588. 

(j)  Rev.  stat.,  (j)  Furlough  )>aij.  —  The  section  cited  does  not  apply  to  ofil- 
stat588s.  ?5e93;'  cers  retired  on  furlough  pay.  An  officer  retired  on  fur- 
Brown  v.  Y.  s.|  lough  pay  is  to  be  paid  according  to  the  provisions  of 
A3aop'.528:  16  section  1593. 

Kcv.  Stat.,  s. 
1593;  id.;  15A.G. 
Op.,  316. 

(k)  Rev.  stat..  (k)  Rate  of  pay,  retired  officers,  fixed  by  section  cited. 

8.1588:  Magawu. 
U.  S.,  16  C.  Cls. 

Vz)'Rev.  stat.  (£)  Longevity.  —  Officers  on  the  retired  list  are  not  entitled 

to  increase  of  pay  by  reason  of  longevity. 

(m)  Rev.  stat.,  (m)  Fire  years'*  service.  —  The  periods  of  five  years'  service 
r'.ufs!  Jeoc1?^  contemplated  by  the  section  cited  for  increase  of  pay  are 
R-,  3.  grades  within  section  1588. 

(n)  Rutherford  (n)  Grades.  —  The  term  "grade"  refers  to  the  divisions  of 
R-Ym  18  officers  into  five-years7  periods  of  service. 

(o)  Supra.        (o)  Chief  engineer  ,  retired  in  the  third  period  of  five  years' 

service,  etc. 

TT.  s.  v  .  (p)  Tico  classes  ,  line  bettveen.  —  The  cause  of  incapacity 
.cS!  marks  the  line  between  the  two  classes  of  retired  officers 
B.,  i87;^ott«  ».  referred  to  in  section  1588,  those  whose  incapacity  was 
IT'S.  ''  '  caused  by  the  service  being  entitled  to  three-fourths  of 

their  sea  pay  and  those  whose  incapacity  was  not  so 
caused  to  one-half  such  pay. 

a  i594ReBrownV  (#)  D\fference  of  pay  to  certain  officers.  —  The  statute  (18 

y.  s,'ii3  u.^i     Stat.  L.)  cited  allows  difference  of  pay  to  certain  officers 

tt;;i8<8&%<     °f  tne  ^ayy'  wno  were  dropped,  furloughed,  or  retired 

304,  ch.  30'.  under  the  statute  of  February  28,  1855,  and  afterwards 

promoted  and  restored.    The  causes  of  the  retirement  of 

a  naval  officer,  transferred  under  this  section  from  the 

furlough  list  to  the  retired  pay  list,  determine  his  rate  of 

pay  under  section  1588  ;  and  an  officer  retired  on  furlough 

pay  from  causes  not  incident  to  the  service  can  not  be 

transferred  to  the  75  per  cent  retired  pay  list  thereby 

provided  by  action  of  the  Executive. 

*.(iie?Tu  SsaV  (r)  Construed  liberally.  —  The  section  cited  is  construed  lib- 
p.ur<  i.a'rd,  125TJ.'  erally,  and  authorizes  a  transfer  as  of  the  time  of  plac- 
l.'/m.19  illg  an  officer  on  the  furlough  list. 

i^v.  stat.,  »8.  Retiring  board.  —  AVhat  officers  may  be  retired  and  the 
Au£.3,i86i:;  stat!  modus  operan  di  thereof. 

L.,  vol.  12,291. 

r"<'  Ji8°cncil8'(a)  Warrant  officers.  —  The  statutes  apply  to  warrant  offi- 
u.'/uiiT.  cefs,  and  they,  as  well  as  commissioned  officers,  may  be 

retired. 

8  u^Ict  AU-'  W  Marine  Corps.—  The  Secretary  of  the  Navy  has  discre- 
3,i86i.  M  A  .7.  tionary  power  to  select  for  the  trial  of  officers  of  the 

Marine  Corps  such  commissioned  officers  under  his  con- 

trol and  orders  as  he  deems  proper. 


FEDERAL  COURT  DECISIONS OPINIONS  ATTORNEY-GENERALS.       517 

(c)  Retiring  boards. — Composition  of  retiring  board   and  g  (1c,J4^ev  stat<t 
how  ordered. 

(d)  Must  report  cause  of  incapacity. — When  said  retiring    145^'^'  stat'' 
board  finds  an  officer  incapacitated  for  active  service,  it s' 

shall  also  find  and  report  the  cause  which,  in  its  judg- 
ment, produced  his  incapacity  and  whether  such  cause  is 
an  incident  of  the  service. 

(e)  Subsequent  reconsideration. — If  a  naval  retiring  board,  c 
convened  to  inquire  into  the  nature  and  cause  of  an  offi-  op.,  104. 
cer's  disability,  has  completed  its  work,  rendered  a  per- 
fect judgment,  and  adjourned,  a  subsequent  reconsider- 

tion  of  the  judgment,  unless  directed  or  authorized  by 

competent  authority,  is  without  legal  effect. 
(/)  Finding  of  a  board. — The  finding  of  the  board,  when^  ^y8 

approved  by  the  President,  settled  the  fact  as  to  thei76;iV'c.cis.iC 

cause  of  an  officer's  incapacity.    It  is  conclusive  and  can 137- 

not  be  reviewed  by  the  Secretary  of  the  Navy. 
(g}  Marine  Corps. — This  does  not  apply  to  the  officers  of    (ffl  Rev.  stat., 

the  Marine  Corps.  op^ls/seenote 

tos.l451;Magaw 
v.  U.  S.,  16  C.  Cls. 
K.,  3. 

Salary,   rear-admiral,  not  bound  to  accept. — A  rear-admiral  3_i°  A   G-  °P-> 
appointed  to  the  office  of  Chief  of  the  Bureau  of  Yards 
and  Docks  is  not  bound  to  accept  the  salary  provided 
therefor,  but  may  demand  that  allowed  him  for  perform- 
ing shore  duty. 

Sealing  vessels,  seizure  of. — A  naval  officer  to  whom  delivery    21  (part  2>  A. 
is  made  of  a  vessel  seized  under  the  provisions  of  the  mo?p6ct.3 s, ?£. 
treaty  has  no   authority  to  investigate  the  seizure  or 
release  the  vessel. 

Seamen,  deposit  of  the  savings  of. — The  act  of  February  9,    ioop.,616. 
1889,  chapter  119,  "to  provide  for  the  deposit  of  the  sav- 
ings of  seamen  of  the  United  States  Navy,"  does  not 
extend  to  enlisted  men  of  the  Marine  Corps. 

(a)  Amount  of  savings  not  limited. — The  act  to  provide  for  («)  Op.  of  At- 
the  deposit  of  the  savings  of  seamen  of  the  United  reS^s??61'3 
States  Navy,  approved  February  9,  1889  (25  Stat.,  657), 
does  not  in  terms,  or  by  necessary  implication,  limit  the 
amount  which  may  be  deposited  to  savings  earned  dur- 
ing any  single  period  of  time.  "The  paymaster  of  the 
United  States  steamship  San  Francisco  may  receive  from 
the  chief  boatswain's  mate  the  sum  of  $900  as  a  deposit 
under  the  provisions  of  the  act  referred  to,  provided  the 
$900  represents  the  'savings'  earned  by  the  petty  officer, 
as  an  enlisted  man,  or  pettv  officer,  in  the  United  States 
Navy/' 

Sea  service  and  pay,  as  affecting  volunteer  officers  transferred  ,^ev-  stat.,  a. 

A  T          T-¥  T  "vr  1412 ;     14     j=L.     (jr. 

to  the  Regular  Navy.  op.,i42. 

(<>}  All  other  officers. — Under  section  1556  sea  pay  is  due  (a)  TJJ.  s.  ».  Sy- 
for  active  service  on  a  training  ship  stationed  offshore,  S^Yc^cia.  R.',' 
although  the  Navy  Department  may  have  decided  other-  ^'S-V'*?1^" 

c*  ^  ^  —  ,  -I--T       i  A  •  n         /*     i  t        OPi  120    U .  o.  51 : 

wise.     (See  note,  section  lo<l.)     Under  section  3  of  the 21  c.  cis.n.,2i5. 
act  of  June  1,  1860,  which  provided  that  no  service  shall 
be  regarded  as  sea  service  but  such  as  shall  be  performed 
at  sea,  under  the  orders  of  a  Department,  and  in  vessels 


518       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

employed  by  authority  of  law,  the  service  which  entitled 

aii  officer  to  the  pay  allowed  for  "duty  at  sea"  began 

when,  having  been  ordered  to  a  particular  duty,  he  re- 

ported at  the  place  designated  and  entered  upon  thatduty. 

19}(?  Atr.G's0pr!     Even  though  the  vessel  lay  in  port,  the  pay  allowed  by 

strong.  125  u.  s.,     that  act  to  officers  on  duty  at  sea  commenced. 

656;  23  C.  Cls.K., 
10;  McRitchie's 
Oflsf*  id  *-*3 

(6>  Her.  stat.,  (&)  "At  sea"  defined.  —  The  words  "at  sea,"  in  sections  1556 
moid?'  if  7u.l£  and  1571>  mean  not  out  of  sight  of  land,  but  upon  the 
120  u'.  s.',  46;  21  Avaters  of  the  sea,  and  sea  service  may  include  service 
iishop  rRu14s8;  upon  a  training  ship  at  anchor  in  an  arm  of  the  sea. 

120  U.  S..  51;  21 
C.  Cls.  R.,  215; 
Emory  v.  U.  S., 
19  C.  Cls.  R..  254; 
Barker  v.  U.  S., 
id.,  288;  Carpen. 
ter  v.  U.  S.,  15  C. 
Cls.  R..  247. 

(c)See"Atsea,M  (c\  Temporary  duty  on  a  vessel  at  anchor  near  shore  not  sea 

defined  above.       \    '  •*     .     *  i  i 

duty.  —  A  naval  paymaster  on  shore  duty  at  a  navy-yard, 
having  charge  of  the  accounts  of  certain  ironclads  tem- 
porarily at  anchor  off  the  yard  and  in  commission  for  sea 
service,  was  held  not  entitled  to  sea-duty  pay. 
(d>  See  "Shore  (d\  Shore  duty  not  allowed  except  upon  order  of  the  Secre- 

duty,;  22  M*t  kry  of  the  Navy. 

«SPEJS*>fS'M  Retired   in  first   five  years   of  service.  —  A   lieutenant 

1588;  McClurefl.  v    '      ,.        ,   .         \     Jr*       t"L  £  •         i 

TJ.  s.,  is  c.  cis.     retired  in  the  first  hve  years  of  service  because  not  rec- 
^Pa3y  ?1  aan°dl  aT     omuiended  for  promotion  is  entitled  to  only  one-half  his 
lownces"    and     sea  pay  at  the  time  of  retirement,  under  the  last  clause 
of  section  1588. 


scs      )  ®ea  %ay>  chief  engineers.  —  A  chief  engineer  retired  in 
.,339'.'  the  third  period  of  five  years'  service  is  entitled  to  75 

per  cent  of  the  sea  pay  of  that  grade,  and  not  to  the 
highest  pay  of  a  chief  engineer  who  has  served  over 
twenty  years. 

secret  ?eb.'  25'  Self-crimination  of  witness.  —  H.  was  tried  by  court-martial 
1868;  i)eady,'  j.',  and  found  guilty  of  the  offense  charged.  At  the  trial  a 
T  sawye?r°536';  witness  objected  to  answering  a  question  on  the  ground 
?f-ii  Mi!lfcrv  JM  *  of  self-crimination,  but  the  court  required  him  to  answer, 

Dillon,405;Cong.        ,,       .      ,  ,  .  ~.,  . 

Globe.  2d  sess.,     thejudge-advocate  reading  in  support  of  this  requirement 

95ih  tneD%'om-     the'scctiou  cited  i  Held,  that  if  the  court  committed  an 

in«.i  i  wealth  v.     error  in  compelling  the  witness  to  answer,  the  error  is 

Hckl.^TO.1'  no^  such  as  to  require  a  disapproval  of  the  proceedings. 

Whether  the  effect  of  that  section  is  to  take  away  from 

a  witness  the  common-law  privilege  of  declining  to  answer 

a  question  which  tends  to  criminate  him,  when  it  is  mani- 

fest that  he  could  only  be  tried  in  the  courts  of  the  United 

States,  qujure. 

4i?fi6AStGtV)IK.'  Sewers.  —  The  Secretary  of  the  Havy  can  not  grant  to  a  city 
the  right  to  construct  and  maintain,  a  sewer  upon  the 
grounds  of  a  United  States  naval  hospital. 
43o3^5astat'2Lt'  Ships,  wooden,  repair  of,  when  damaged  in  foreign  waters. 

467.' 

4.-.7T]V4579?t  2i  A'.  Shipwrecked  seamen,  withholding  pay  from.  —  Where  a  United 
M  ,'v1'  -M'  (  ''is.;  '  States  consul-general  has  provided  shipwrecked,  destitute 
ThSopfaiionirM  seamen  with  food,  clothing,  and  passage  to  a  port  in  this 
i4a?89?ed  June  country,  the  amount  so  expended  should  not  be  deducted 
from  the  wages  of  such  seamen. 


FEDERAL  COURT  DECISIONS OPINIONS  ATTORNEY-GENERALS.       519 

Shore  duty. — This  statute  provides  "  that  hereafter  110  offi-    22stat.  L.,48i; 
cer  of  the  Xavy  shall  be  employed  on  any  shore  duty, act  Mar-  3<  1883' 
except  in  cases  especially  provided  by  law,  unless  the 
Secretary  of  the  Navy  shall  determine  that  the  employ- 
ment of  an  officer  on  snch  duty  is  required  by  the  public 
interests,  and  he  shall  so  state  in  the  order  of  employ- 
ment, and  also  the  duration  of  such  service,  beyond  which 
time  it  shall  not  continue/' 

Speed  premiums. — The  appropriation  for  special  speed  pre-  ^ct  J^y.  26> 
niiums  made  by  the  statute  cited  is  not  limited  in  its  A.  d.  Op.,  M/OI- 
application  to  premiums  earned  prior  to  January  1, 1894.  ney,  Nov.ie,  ISM. 

Status,  officer. — The  status  of  Commander  Joshua  Bishop  ^^'^A''  <f- 
considered,  and  held  that  he  must  be  regarded  as  still  on  op., '  103,  oineyl 
the  active  list  of  the  Xavy.  Dec- 2l- 1894- 

Storekeeper. — The  commander  of  a  squadron  can  not  appoint  is^'La^kfe  *' 
a  storekeeper,  and  a  person  so  appointed  can  not  recover  u.  s.,  10  c.  cisl 
pay  for  services  as  such. 

Stores,  naval,  provision  for  the  appraisal  and  sale  of  con-  22  stat.  L..  296, 
demned  stores  that  are  unserviceable. 

Sufficiency  of  bondsmen,  cost  of  certificate  of. — There  is  no  law    Rev.stat.,37i9; 
requiring  a  United  States  judge  or  a  United  States  attor-19A-G<Op"18L 
ney  to  certify  as  to  the  sufficiency  of  guarantors  or  bonds- 
men offered  in  connection  with  proposals  and  contracts 
with  the  Navy  Department,  and  no  fees  are  chargeable 
against  the  Government  for  such  service. 

The  expense  of  obtaining  a  certificate  from  the  office 
must  be  borne  by  the  bidder  or  contractor  as  other  expenses 
are  incurred  by  him  in  the  proper  execution  of  the  papers. 

Supplies,  naval,  contracts — withdrawing  bid. — The  Secretary  _Rev.  stat.,  8s. 
of  the  Navy  is  obliged  to  gi-ve  contracts  for  supplies  to  the  3™; 
lowest  bidder  who  fills  the  requirements  as  to  security,  3724'; 
etc.,  although  the  Secretary  is  the  person  charged  with 
the  duty  of  ascertaining  the  facts  in  this  regard,  and  hisgjj  ^  £•§*•' 
decision  is  not  reviewable  in  any  court.  648,;  osi;'  iiev.' 

Stat.,  8.  3719; 
Whitney,  Acting 
A.  G.,  Aug.  31, 
1894. 

(«)  Withdrawal  of  bid. — In  the  absence  of  any  special  statu- 
tory provision  to  the  contrary,  a  bidder  for  a  Government 
contract  may  withdraw  his  bid  at  any  time  until  notice  of 
acceptance. 

(b)  QiKvre. — Whether  there  is  any  such  special  statutory  pro- 
vision relating  to  the  Isavy  Department! 

Sureties. — Two  supplemental  contracts  made  with  a  con-  ^ 20  A.  G.  op., 
tractor  when  the  contract  itself  had  contemplated  and  lofisS"67' 
provided  for  such  changes,  which  have  been  made  in  the 
manner  fixed  by  the  contract,  do  not  impair  the  obliga- 
tions of  the  sureties  on  the  contractor's  bond. 

Sureties  upon  Government  contracts. — A  surety  upon  the  bond    20  A.  G.  Op., 
of  a  Government  contractor  is  not  discharged  from  liabil-  Sf^Sa!6*'  Aug' 
ity  thereon  by  the  contractor's  thereafter  agreeing  to  pay 
the  moneys  received  by  him  to  some  third  person,  or 
entering  into  any  partnership,  or  being  served  with  an 
injunction  order  restraining  him  from  paying  out  any  of 
such  moneys  except  to  the  plaintiff  in  the  injunction  suit, 


520   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

the  Government  not  recognizing  any  of  such  proceedings 
in  any  way. 

Rev.  stat,,  ss.  Surgeons,  acting  assistant,  are  required  by  the  sections  cited 
Feb'  i54i879,  ?!i!  to  sustain  an  examination,  physical  and  professional,  to 

j:  20  'stat.'  L.,'  })e  eligible  to  appointment  in  the  Navy.  If  they  fail  in 
the  examination  or  are  physically  disqualified,  they  shall 
be  mustered  out  of  the  service,  but  if  physically  dis- 
qualified in  line  of  duty,  they  may  be  placed  on  the  re- 
tired list  with  pay  of  like  officers  in  the  Regular  Xavy. 
Acting  assistant  surgeons  for  temporary  service  shall  not 
be  appointed,  except  in  case  of  war. 

coiiin'9  case,  Surgeon,  passed  assistant,  is  an  office,  and  a  valid  appoint- 


J»ent  thereto  i  s  made  by  a  noti  fication  from  the  Secretary 
u.  s.,760;  Ger-  of  the  Navy,  though  the  statutes  do  not  prescribe  the 
Sfs"5(W;%ta?  manner  of  appointment.  The  statutes  cited  in  the  niar- 
I-,4te.  gin  provide  that  "two  assistant  surgeons  not  in  the  line 

of  promotion  shall  hereafter,  after  fifteen  years'  service, 
be  entitled  to  receive,  as  annual  pay,  when  at  sea,  two 
thousand  one  hundred  dollars,  when  on  shore  duty,  one 
thousand  eight  hundred  dollars,  and  when  on  leave  or 
19  stat.  L.,  240;  waiting  orders,  one  thousand  six  hundred  dollars."  Sec- 
tion 1375,  Eevised  Statutes,  supplies  the  words  "who 
(the  above  surgeons)  shall  receive  the  highest  shore  pay 
of  his  grade." 

(a)  Rev.  stat.,  (a)  Date  of  appointment,  etc.  —  The  words   "after  date  of 

Moore!  oY'iL  s^,'     appointment"  and  "from  such  date,"  in  the  clause  of  sec- 

760.  tion  1556  relating  to  passed  assistant  surgeons,  etc..  refer 

not  to  their  original  entry  into  the  service,  but  to  the 

notification  by  the  Secretary  of  the  Navy  that  the  officer 

has  passed  his  examination  for  promotion. 

(b)  By  act  of  February  13,  1897  (29  Stat.  L.,  526),  it  is  pro- 

vided that  assistant  and  passed  assistant  surgeons  shall 

be  regularly  examined,  promoted    and    commissioned. 

This  is  a  statutory  recognition  of  the  grade  of  passed 

assistant  surgeon. 

Acts  AUR.  5,  Surplus  graduates  of  the  Naval  Academy.  —  Where  certain 

i889';"KI^Gaop2;     members  of  the  graduating  class  at  the  Naval  Academy 

358.  Miner,  July     were  reported  as  physically  disqualified  for  the  naval 

service,  but  as  mentally  and  professionally  qualified,  and 

were  placed  among  the  "surplus  graduates:"  Advised 

that  under  the  acts  cited  they  were  each  entitled  as  such 

surplus  graduates  to  a  certificate  of  graduation,  an  hon- 

orable discharge,  and  one  year's  pay,  and  that  there  is 

no  authority  in  the  law  for  stating  in  such  certificate  the 

physical  disqualification  of  the  graduate. 

Rev.  stat.,  s.  Tobacco  for  the  Navy.  —  The  section  cited  provides  for  the 
509!  ch.\47tat'  L''     purchase  by  advertisement  of  tobacco  for  the  Navy. 
(0)23  stat,  L.,  (a)  "Ordnance  and  gunpowder."  —  These  words  were  defined 
by  the  statute  (22  Stat.  L.)  cited,  but  that  statute  was 
repealed  by  the  statute  cited  under  (a). 

it.-v.    But.,  s.  Tomatoes,  desiccated.  —  The  Secretary  of  the  Navy  may  sub- 
SfcLra.       L"     stitute  desiccated  potatoes  for. 

25  stat.  L.,  4-,<>.  Torpedo  station.  —  Tin*  st;itut<>  cited  authorizes  the  Secretary 
of  the  Navy  to  consolidate  and  place  under  one  command 


FEDERAL  COURT  DECISIONS OPINIONS  ATTORNEY-GENERALS.       521 

the  torpedo  station  and  the  Naval  War  College  at  New- 
port, E.  I.,  after  January  1,  1889. 

Transfer  of  contract.— A  manufacturing  company,  after  R«v.  st&t.,  a. 
having  entered  into  a  contract  with  the  Navy  Depart-  op.',i86." 
ment  to  deliver  a  large  quantity  of  steel  castings  to  be 
used  in  the  construction  of  an  armored  cruiser,  proposed 
to  transfer  the  contract  to  another  manufacturing  com- 
pany, which  contemplated  fulfilling  the  covenants  of  the 
former  company  with  the  Government,  and  asked  the 
approval  of  such  transfer  by  the  Secretary  of  the  Navy : 
Advised  that,  in  view  of  the  prohibition  of  the  section 
cited,  the  proposed  transfer  can  not  lawfully  be  approved 
and  recognized  by  the  Navy  Department. 

Transfer  of  men  from  service  in  the  Army  to  the  Navy. — The    Rev    stat-  a- 
act  of  July  1,  1864,  providing  for  the  transfer  of  meii696.; : 
from  the  Army  to  the  Navy  was  intended  more  to  meet 
certain  exigencies  existing  at  the  time  of  its  enactment 
than  to  establish  permanent  relations  of  the  military  and 
naval  service. 

Transportation  of  enlisted  men  of  the  Navy — Bond-aided  rail-  isre.Vu.'ijzo,3*.  e  • 
road. — The  section  cited  is  interpreted  to  include  Beaften^^G-^tU.' 
as  well  as  land  troops.  The  Government  having  eon- lan.6*1 
tracted  with  the  West  Shore  Railroad,  a  corporation  of 
the  State  of  New  York;  for  the  immediate  transportation 
to  San  Francisco  of  certain  en-listed  seamen  then  in  the 
city  of  New  York,  and  a  portion  of  the  route  being  over 
railroads  aided  by  the  United  States  in  pursuance  of  the 
act  cited,  and  a  question  having  arisen  as  to  whether 
payment  of  said  contract  price  should  be  made  to  the 
West  Shore  Railroad :  Held,  that  the  question  was  essen- 
tially a  judicial  one;  that  a  construction  should  not  be 
put  on  the  law  by  the  executive  department  that  would 
enable  the  bond-aided  railroad  to  receive  payment  from 
the  Treasury  for  services  that  are  in  effect  services  ren- 
dered the  Government;  and  that  all  compensation  to  the 
bond-aided  railroad,  in  so  far  as  such  service  was  per- 
formed by  the  said  aided  railroad,  should  be  withheld 
until  the  rights  of  such  railroad  are  adjusted  by  an  agree- 
ment in  compliance  with  the  terms  of  the  law  or  are 
judicially  determined. 

Traveling  expenses. — The  statute  cited  provides  "  that    no    Rev-  s*at,,  «• 
allowance  shall  be  made  in  the  settlement  of  any  account  297,;ch.8iftat 
for  traveling  expenses  (of  officers  traveling  under  orders) 
unless  the  same  be  incurred  on  the  order  of  the  Secretary 
of  the  Navy  or  the  allowance  be  approved  by  him." 

(a)  Officer  entitled  to  actual  expenses  for  travel  in  attending  t(«)  Opinion  of 
as  a  witness,  ctc.—A.i\  officer  of  the  Navy  is  entitled  onlySTKa^ury! 
to  actual  and  necessary  expenses  for  travel  performed  in  s«pt-  25<  i^7<  ^ 
attending  as  a  witness  before  a  United  States  grand  johnH°shipiey; 
jury,  in  response  to  a  subpuiiia,  notwithstanding  he  may  for milease- 
have  been  ordered  by  his  superior  officer  to  perform  the 
travel  in  answer  to  said  subpoena. 

Unexpended  balances— Cruisers. — The  unexpended  balances  acf  Ma^'issa' 
of  the  appropriations  made  by  the  act  of  March  3,  1883,  ISA.  G.Op.,566'; 
cited,  may  be  used  in  completing  the  hulls  and  machin-  JSST 


522       LAWS    RELATING    TO    THE    NAVY,  MARINE    CORPS,  ETC. 

ery  of  the  cruisers  Chicago,  Boston,  and  Atlanta,  pro- 
vided the  total  expenditure  shall  not  exceed  the  total 
estimated  cost  thereof  as  reported  by  the  Xaval  Advisory 
Board. 

The  balance  of  the  appropriation  made  for  a  specific 
purpose  may  be  used  for  that  purpose  in  the  discharge 
of  obligations  imposed  by  a  lawful  continuous  contract. 
ac?jnia*:'8'iM>2;  Vacancies,  Marine  Corps. — A  question  having  arisen  as  to 
ch.  315?  act  octl     whether  the  officers  to  be  promoted  in  the  United  States 
Op8?!5?-1  and  «L*     ^arine  Corps  to  vacancies  existing  in  the  offices  of  major, 
398-  20  A.  G.  Op.]     captain,  and  first  lieutenant,  said  succession  of  vacancies 
MU«8?ter|  Aug'     having  been  created  July  10,  1892,  should  or  should  not 
be  examined  under  the  act  providing  for  the  examina- 
tion of  certain  officers  of  the  Marine  Corps  and  regulat- 
ing proceedings  therein,  of  date  July  28,  1892,  chapter 
315,  the  opinion  was  given  that  the  promotions  under 
consideration  might  be  made  without  the  examination 
in  question. 

n?e\i9Siso'\si'  Vacancy  in  head  of  Departments. — Where  there  is  a  vacancy 
20  A.  G.  op.,  8,'     in  the  head  of  a  Department,  it  can  not  be  temporarily 
Miiier,  Jan.  si,     fi\\e([  for  a  longer  period  than  ten  days,  either  by  opera- 
tion of  law  or  by  designation  of  the  President.     In  so 
far  as  the  second  opinion  cited  holds  that  twenty  days 
may  be  taken  by  the  President,  by  allowing  the  statutory 
IT  A.  G.  OP.,     occupation  of  the  office  for  ten  days  without  designation 
and  then  making  a  designation  for  an  additional  ten  days, 
not  accepted. 

s  252  ^sut5!-9'^6886*8'  nava^  provision  for  the  appraisal  and  sale  of  con- 
291,476.  "  demned  vessels;  provision  for  the  preservation  and  re- 

pair of. 

Harmon's  Case,  Vested  rights. — The  act  of  August  5, 1882,was  constitutional, 

Hannon:8 SL,     but  did  not  create  for  the  officer  referred  to  a  vested  right, 

Graiub'V  RcaBe;         ^  naval  cadet  has  no  vested  right  to  appointment  as 

i<ira42o.8  an  officer  in  the  Xavy,  and  is  liable  to  be  discharged  if 

there  is  no  vacancy  to  which  he  can  be  appointed. 
"  Vice- Admiral,"  expresses  title  in  section  1362,  Revised  Star 


535. 


the  Adjutant-     utes,  edition  1878,  the  same  as  "Admiral." 

'General  and  I'.  S. 
Supreme  Court. 

i87^ctfhFe68-  ^Visitors,  Board  of,  to  Naval  Academy.  —  Provision  is  made  for 
stat.  L.,284.'  '       a  Board  of  Visitors  to  attend  th<k  annual  examination  of 

the  Academy,  each  member  to  receive  not  to  exceed  8 

cents  per  mile  as  mileage  by  the  most  direct  route  to  and 

from  his  residence  and  Annapolis. 
i882;1fsJtatyL6',  (a)  Per  diem-  —  Statute  cited  allows  each  member  $5  per  day 

for  expenses  during  actual  attendance. 
issKthfwStiW  Intoxicating  liquors.  —  The  statute  cited  under  (b)  pro- 

vides that  no  part  of  the  appropriation  by  Congress  for 

expenses  of  the  Board  shall  be  used  to  pay  for  intoxicat- 

ing liquors. 

i4iV.'  mlif'stMt'  Volunteer  officers,  line,  under  sections  cited,  are  required  to 


,w»chi  be  examimi<1-  ail(l  authorizes  them,  if  found  qualified,  to 

:';  ^o  stat.  'L.,  be  appointed  in  the  Navy,  or,  if  not  so  qualified,  to  be 
mustered  out  of  the  service;  provided  that  such  officers, 
if  physically  disabled  in  line  of  duty,  may  be  placed  on 


FEDERAL  COURT  DECISIONS OPINIONS  ATTORNEY-GENERALS.       523 

the  retired  list  with  pay  of  like  officers  in  the  Regular 
Navy. 

(a)  Credit  for  sea  service. — To  entitle  an  officer  to  credit  for    («)  Rov.  stat., 
sea  service  under  section  1412.  he  must  have  been  in  the^ui^jd.jw! 
Volunteer  Navy  at  the  time  of  his  appointment  to  tb  e 1G  id" 4'5- 
Regular  Navy;  and  if  he  ceased  to  be  an  officer  in  the 
Volunteer  Navy  prio'r  to  such  appointment,  however  brief 
the  interval,  he  is  not  within  th  e  statute.    The  last  clause 
of  section  1112  means  that  officers  transferred  from  the 
volunteer  to  the  regular  naval  service  shall  have  what- 
ever benefits  their  past  sea  duty  would  entitle  them  to, 
if,  during  the  period  of  its  performance,  they  had  be- 
longed to  the  regular  naval  service,  holding,  not  the  same 
grade  as  those  to  which  they  are  transferred,  but  grades 
corresponding  to  those  at  that  period  held  by  them  in  the 
volunteer  naval  service. 

War  College,  Naval. — The  Secretary  of  the  Navy  is  author-    25stat.L.,459. 
ized  to  consolidate  and  place  under  one  command  the 
Torpedo  Station  and  the  Naval  War  College  at  Newport, 
E,  I.,  after  January  1,  1889. 

Warrant  officers,  in  Johnson  v.  United  States,  were  held  in-  14^6ev^  n^f'T?8' 
eluded  under  the  words  "said  officers"  in  statutes  relat-  \&i. ' 
ing  to  the  Navy,  though  not  expressly  named  therein. 

Witnesses   before  courts-martial. — Where  a  civilian  witness  12^e.v'i8s  A**1  G  ' 
is  brought  before  a  court  martial  but  refuses  to  testify,  dp./  2?s,   dar- 
the  court  is  not  invested  with  any  inherent  power  to  pun-  Jlgljj    Oct>    23t 
ish  the  witness  in  such  case,  either  summarily  or  other- 
wise, as  for  a  contempt.    Such  power  can  only  be  exercised 
by  it  when  given  by  the  positive  terms  of  some  statute. 
The  section  cited  arms  the  court  with  authority  to  com- 
pel the  witness  to  appear  and  testify,  so  far  as  this  can 
be  done  by  process;  but  in  securing  his  testimony  the 
court  is  restricted  to  the  means  which  it  is  thus  author- 
ized to  employ.     It  can  not  inflict  any  punishment  where 
the  power  to  impose  it  is  not  clearly  conferred  by  Con- 
gress. 

Works,  public. — The  Secretary  of  the  Navy  has  no  power  _Revvstat.,  as. 
to  incur  any  obligation  for  work  on  an  uncompleted  dry  lupart?)' 15°G. 
dock  when  its  appropriation  has  been  exhausted,  even°p-  T288-  Har- 

,.     J  f.          .  .  mon,  Jan.  2,  1896. 

though  immediate  action  is  very  important. 

Writ  of  prohibition. — This  writ  does  not  lie  to  the  Secretary    smith  v. 
of  the  Navy  convening  a  naval  court-martial.  uTs. 

4  Mackey,  535. 

Yards,  navy. — By  the  statute  of  June  30, 1876,  cited,  no  in-  isjj^'jfjj^  JJj, 
crease  of  the  force  at  any  navy-yard  is  to  be  made  within /nne  so,  i876,ch. 
sixty  days  next  before  any  election  for  President  or  Mem-  ^9;  19  stat>  LM 

.  ber  of  Congress  except  upon  the  Secretary  of  the  Navy's 
•  certificate  of  public  necessity  therefor,  which  certificate 
is  to  be  immediately  published. 

Officers  appointed  to  locate. — Navy  commissions  of  officers  2»stat.  L.,463. 
to  be  appointed  to  locate  yards  on  or  near  the  coast  of  the 
Gulf  of  Mexico  and  the  South  Atlantic  coast,  and  an- 
other in  Oregon,  Washington  (Territory), or  Alaska;  and 
to  report  to  the  Secretary  of  the  Navy,  who  shall  trans- 
mit said  report,  with  his  recommendations,  to  Congress. 


ADDENDA. 


UNITED    STATES    STATUTES    ENACTED  BY  SECOND   SESSION  FIFTY- 
FIFTH   CONGRESS. 

That  to  reimburse  the  survivors  of  the  officers  and  crew  Mar-  30» 1898- 
of  the  United  States  steamer  Maine,  destroyed  by  an  explo-    A^  act  for  the 
siou  in  the  harbor  of  Havana,  Cuba,  on  the  fifteenth  day  of  &£«»  by  thVde". 
February,  eighteen  hundred  and  ninety-eight,  for  losses  g^g^L^ 
incurred  by  them,  respectively,  in  the  destruction  of  said  the  Yarbo"  'of 
vessel,  there  shall  be  paid  to  each  of  said  survivors,  out  ofIIavaDa'Cuba' 
any  money  in  the  Treasury  of  the  United  States  not  other- 
wise appropriated,  a  sum  equal  to  the  losses  so  sustained 
by  them:  Provided,  That  the  accounting  officers  of  the 
Treasury  shall  in  all  cases  require  a  schedule  and  affidavit 
from  each  person  making  a  claim  under  'this  Act,  such, 
schedule  to  be  approved  by  the  Secretary  of  the  Navy; 
and  reimbursement  shall  be  made  for  such  articles  of  cloth- 
ing, outfit,  and  for  such  personal  effects  only  as  are  of  a 
character  and  value  and  in  quantity  suitable  and  appro- 
priate to  the  rank  or  rating  and  duty  of  the  person  by 
whom  the  claim  is  made:  Provided  further,  That  in  no  case 
shall  the  aggregate  sum  allowed  for  such  losses  exceed  the 
amount  of  twelve  months'  sea  pay  (without  rations)  of  the 
grade  or  rating  held  by  such  person  at  the  time  the  losses 
were  incurred. 

SEC.  2.  That  the  widow,  child,  or  children,  and  in  case 
there  be  not  such,  that  the  parent  or  parents,  and  if  there 
be  no  parent,  the  brothers  and  sisters,  of  the  officers,  en- 
listed men,  and  others  who  were  lost  in  the  destruction  of 
said  vessel,  or  who  have  died  or  who  may  die  within  one 
year  from  date  of  the  disaster  in  consequence  of  injuries 
received  in  the  destruction  of  said  vessel,  shall  be  entitled 
to  and  shall  receive,  out  of  any  money  in  the  Treasury  of  the 
United  States  not  otherwise  appropriated,  to  wit :  The  rela- 
tive, in  the  order  named,  of  the  persons  heretofore  referred 
to,  a  sum  equal  to  twelve  months'  sea  pay  of  the  grade  or 
rating  of  each  person  deceased  as  aforesaid:  Provided, 
That  the  legal  representatives  of  the  deceased  persons 
hereinbefore  referred  to  shall  also  be  paid  from  the  Treas- 
ury of  the  United  States  any  arrears  of  pay  due  the  deceased 
at  the  time  of  their  death:  Provided  further,  That  if  any 
person  who  shall  receive  reimbursement  under  this  Act, 
for  losses  incurred  in  said  disaster,  shall  die  within  the 
year  in  consequence  of  injuries  incurred  in  the  destruction 
of  said  vessel,  the  amount  so  paid  shall  be  deducted  from 
the  amount  of  twelve  months'  sea  pay  (without  rations) 
allowed  to  such  beneficiary  by  virtue  of  this  Act  of  relief. 

525 


526   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

SEC.  3.  That  the  accounting  officers  of  the  Treasury  be, 
and  they  are  hereby,  authorized  to  continue  for  a  period  of 
three  months  any  allotments  which  may  have  been  made  in 
favor  of  any  relatives  of  the  degrees  hereinbefore  enumer- 
ated by  any  of  the  officers  and  men  attached  to  the  Tinted 
States  ship  Maine  who  lost  their  lives  in  or  in  consequence 
of  the  disaster  to  that  vessel:  Provided,  That  the  amount 
of  the  allotments  so  continued  shall  be  deducted  from  the 
amount  of  twelve  months'  sea  pay  allowed  to  such  benefi- 
ciaries by  virtue  of  this  Act  for  their  relief. 

SEC.  4.  That  the  relief  granted  by  the  provisions  of  this 
Act  shall  be  in  full  satisfaction  of  any  and  all  claims  what- 
ever against  the  United  States  on  account  of  losses  or  death 
by  the  destruction  of  the  United  States  steamer  Maine; 
and  any  claim  against  the  United  States  which  shall  be 
presented  and  acted  upon  under  the  authority  of  this  Act 
shall  be  held  to  be  finally  determined  and  shall  not  in  any 
manner  thereafter  be  reopened,  reconsidered,  supplemented 
nor  be  subject  to  appeal  in  any  form;  and  the  method  of 
presenting  and  establishing  said  claims  hereinbefore  pre- 
sented shall  be  followed  in  lieu  of  those  prescribed  by  acts 
or  parts  of  acts  heretofore  enacted  relating  to  the  presen- 
tation and  allowance  of  similar  claims:  Provided,  That 
nothing  herein"  shall  affect  the  right  of  any  of  the  benefi- 
ciaries under  this  Act  to  any  pension  to  which  they  may  be 
entitled  under  existing  law  after  the  expiration  of  one  year 
from  said  fifteenth  day  of  February,  eighteen  hundred  and 
ninety-eight. 

SEC.  5.  That  no  claims  shall  be  allowed  under  the  pro- 
visions of  this  Act  which  shall  not  be  presented  within  two 
years  after  the  date  of  its  passage. 

SEC.  G.  That  the  Secretary  of  the  Navy  be,  and  he  is 
hereby,  authorized,  whenever  in  his  discretion  it  may  be 
deemed  practicable  and  expedient,  to  cause  the  remains  of 
all  or  any  of  those  who  perished  in  consequence  of  said 
disaster  to  be  removed  to  the  United  States  cemetery  at 
Arlington:  Provided,  That  the  relatives  of  any  of  such  de- 
ceased officers  and  others  mentioned  in  this  Act  who  prefer 
that  the  remains  of  such  be  taken  to  their  homes  within 
the  United  States  shall  ha\re  such  jnivilege  extended  to 
them,  and  the  expense  thereof  shall  be  borne  by  the  United 
States;  and  the  sum  of  ten  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary,  is  hereby  appropriated,  out 
of  any  money  in  the  Treasury  not  otherwise  appropriated, 
to  carry  out  the  provisions  of  this  section. 

Apr,  i,  1898.       That  such    guns,   ammunition,   and    other  naval    and 

mSS!0?™"'  aoi ;•  military  supplies  as  may  be  purchased  abroad  by  this 

duty   of   uavai  Government  for  the  national  defense  prior  to  January  first, 

eighteen  hundred  and  ninety-nine,  shall  be  admitted  at  any 

port  of  entry  in  the  Tinted  States  free  of  duty. 

Apr.  22,  1898.  That  the  President  is  hereby  authorized,  in  his  discretion, 
ti.m""*  pn.hih'i't'  an<1  witl1  sucl1  limitations  and  exceptions  as  shall  seem  to 
the  export  of  ooaa  him  expedient,  to  prohibit  the  export  of  coal  or  other 
uL0d\Twkarfron!  material  used  in  war  from  any  seaport  of  the  United  States 
any  seaport  <>i  until  otherwise  ordered  by  the  President  or  by  Congress. 

tin-         L  lilted 
States. 


PROHIBITIO1S7  OF  EXPORT  OF  COAL,  ETC..  USED  IN  WAR.       527 

The  Secretary  of  the  Navy  is  hereby  directed  to  report  ,May  4* 189S- 
to  Congress  a  suitable  design  lor  a  statute  of  David  D.    Design  tor 
Porter,  to  be  erected  in  the  city  of  Washington,  and  thfeJSpit^ 
reasonable  cost  thereof. 

To  enable  the  Secretary  of  the  Navy  to  execute  the  pro-  Depots forcoai. 
visions  of  section  fifteen  hundred  and  fifty-two  of  the  Re- 
vised Statutes  authorizing  the  Secretary  of  the  Navy  to 
establish,  at  such  places  as  he  may  deem  necessary,  suita- 
ble depots  of  coal,  and  other  fuel,  for  the  supply  of  steam- 
ships of  war,  two  hundred  and  fifty  thousand  dollars,  or  so 
much  thereof  as  may  be  necessary. 

And  whenever  any  officer,  seaman,  or  marine  entitled  to  Pensions  of 
a  pension  is  admitted  to  the  Naval  Home  at  Philadelphia,  rf^ldSttedto 
01  to  a  naval  hospital,  his  pension,  while  he  remains  there,  Naval  Home  to 

TUT        11  T i    /'  i  •  j         •  i  j.     j.i      »j  be  paid  to  Secre- 

shall  be  deducted  from  his  accounts  and  paid  to  the  becre-tary  of  Navy, 
tary  of  the  Navy  for  the  benefit  of  the  fund  from  which 
such  home  or  hospital,  respectively,  is  maintained;  and 
section  forty-eight  hundred  and  thirteen  of  the  Revised 
Statutes  of  the  United  States  is  hereby  amended  accord- 
ingly. 

To  reimburse   the  enlisted  men  of  the  United  States    Reimburse- 

-» /r       •  i        •  11  niji-          !.,!.«          ment  oi  marines 

Marine  Corps  who  incurred  loss  of  clothing  by  the  fires  for  loss  of  ciotn- 

which  occurred  at  the  navy-yard,  Washington,  District  ofins^yfire. 

Columbia,  on  the  twenty-second  and  twenty-ninth  days  of 

April,  eighteen  hundred  and  ninety-seven,  fifty-one  dollars 

and  seventy-three  cents:   Provided,  That  the  accounting 

officers  of  the  Treasury  shall  in  all  cases  require  a  schedule 

and  certificate  from  each  person  making  a  claim  under  this 

Act. 

That  section  thirteen  hundred  and  seventy  of  the  Revised 
Statutes  of  the  United  States  be,  and  the  same  is  hereby, 
amended  so  as  to  read  as  follows: 

"No  person  shall  be  appointed  assistant  surgeon  until    Appointment 

11  •        i  i  j    i_  -U          j      i?  i  °f  assistant  sur- 

he  has  been  examined  and  approved  by  a  board  of  naval  geous. 
surgeons  designated  by  the  Secretary  of  the  Navy,  nor 
who  is  under  twenty-one  or  over  thirty  years  of  age,  inclu- 
sive." 

The  President  is  hereby  authorized  to  appoint  for  tem- 
porary service  twenty-five  acting  assistant  surgeons,  who 
shall  have  the  relative  rank  and  compensation  of  assistant 
surgeons. 

That  no  part  of  this  sum  shall  be  applied  to  the  repair  of  ^Jg?* of  wood' 
any  wooden  ship  when  the  estimated  cost  of  such  repairs,  eu 
to  be  appraised  by  a  competent  board  of  naval  officers, 
shall  exceed  ten  per  centum  of  the  estimated  cost,  appraised 
in  like  manner,  of  a  new  ship  of  the  same  size  and  like 
material:  Provided  fur  Hie  r,  That  nothing  herein  contained 
shall  deprive  the  Secretary  of  the  Navy  of  the  authority 
to  cause  the  necessary  repairs   and  preservation  of  the   Preservation  of 
United  States  ship  Hartford  or  to  order  repairs  of  slrips/0Vd'.BI 
damaged  in  foreign  waters  or  on  the  high  seas,  so  far  as 
may  be  necessary  to  bring  them  home. 

For  completion,  repairing,  and  preservation  of  machinery  impair  of  steam 
and  boilers  of  naval  vessels,  including  cost  of  new  boilers  5 niachinerv- 
distilling,  refrigerating,  and  auxiliary  machinery;  preserva- 
tion of  and  small  repairs  to  machinery  and  boilers  in  ves- 


528   LAWS  RELATING  TO  THE  NAVY,  MARINE  CORPS,  ETC. 

.  sels  in  ordinary,  receiving  and  training'  vessels,  repair  and 
care  of  machinery  of  yard  tugs  and  launches,  six  hundred 
thousand  dollars:  Provided,  That  no  part  of  said  sum  shall 
be  applied  to  the  engines,  boilers,  and  machinery  of  wooden 
ships  where  the  estimated  cost  of  such  repair  shall  exceed 
ten  per  centum  of  the  estimated  cost  of  new  engines  and 
machinery  of  the  same  character  and  power,  nor  shall  new 
boilers  be  constructed  for  wooden  ships:  Provided  further, 
That  nothing  herein  contained  shall  deprive  the  Secretary 
of  the  Navy  of  the  authority  to  cause  the  necessary  repairs 
and  preservation  of  the  United  States  ship  Hartford  or  to 
order  repairs  of  the  engines,  boilers,  and  machinery  of  ships 
damaged  in  foreign  waters  or  on  the  high  seas,  so  far  as 
may  be  necessary  to  bring  them  home; 

And  whenever,  within  the  next  twelve  months,  an  exi- 
gency may  exist  which,  in  the  judgment  of  the  President, 
renders  their  services  necessary,  he  is  hereby  authorized 
Appointment  to  appoint  from  civil  life  and  commission  such  officers  of 
pVSfdlnVtSth®  line  and  staff,  not  above  the  rank  or  relative  rank 
meet  emergency,  of  commander,  and   warrant  officers  including   warrant 
machinists,  and  such  officers  of  the  Marine  Corps  not  above 
the  rank  of  captain,  to  be  appointed  from  the  non  com- 
missioned officers  of  the  Corps  and  from  civil  life,  as  may 
be  requisite :  Provided,  That  such  officers  shall  serve  only 
during  the  continuance  of  the  exigency  under  which  their 
services  are  required  in  the  existing  war:  And  proi-id.cd 
further,  That  such  officers  so  appointed  shall  be  assigned 
to  duty  with  rank  and  pay  of  the  grades  established  by 
existing  law;  and  warrant  machinists  shall  be  paid  at  the 
rate  of  one  thousand  two  hundred  dollars  per  annum. 
Secretary  of     The  Secretary  of  the  Navy  is  hereby  authorized  and 
SaVacaquh-eriZby  directed  to  cause  to  be  commenced,  within  three  months 
condemnation  after  the  passage  of  this  Act,  and  the  Attorney-General  is 
ForS^if^avy?  hereby  directed  to  carry  on,  proceedings  for  the  condemna- 
tion of  the  following  tract  of  laud  for  the  use  of  the  United 
States  for  the  Norfolk  Navy- Yard,  for  the  purpose  of  con- 
structing a  wet  dock,  and  for  other  purposes,  namely,  the 
tract  of  land  known  as  the  Cedar  Grove  property,  contain- 
ing fifty  acres,  with  a  water  front  of  one  thousand  six  hun- 
dred feet  on  the  Elizabeth  River,  immediately  opposite  to 
the  Gospoi  t  Navy- Yard,  in  the  State  of  Virginia,  under  the 
Act  of  Congress  approved  August  first,  eighteen  hundred 
and  eighty-eight,  entitled  uAn  Act  to  authorize  the  con- 
demnation of  land  for  sites  of  public  buildings,  and  for 
other  purposes,"  and  other  laws  of  the  United  States,  so  as 
to  completely  vest  in  the  United  States  the  title  of  said 
land.     And  all  such  proceedings  shall  be  reported  to  Con- 
gress at  its  next  session  by  the  Secretary  of  the  Navy. 
Medals  of  hon-     That  the  Secretary  of  the  Navy  be,  and  he  is  hereby, 
by  authorized  to  issue  to  any  person  to  whom  a  medal  of  honor 
has  been  awarded,  or  may  hereafter  be  awarded,  under  the 
provisions  of  the  Acts  approved  December  twenty  first, 
eighteen  hundred  and  sixty-one,  and  July  sixteenth,  eight- 
een hundred  and  sixty-two,  a  rosette  or  knot  to  be  worn  in 
lieu  of  the  medal,  and  a  ribbon  to  be  worn  with  the  medal : 
said  rosette  or  knot  and  ribbon  to  be  each  of  a  pattern  to 


ADDITIONAL    FORCE — CONSTRUCTION   OF   DRY-DOCKS.        529 

be  prescribed  and  established  by  the  President  of  the 
United  States,  and  any  appropriation  that  may  hereafter 
be  available  for  the  contingent  expenses  of  the  Navy  Depart- 
ment is  hereby  made  available  for  the  purposes  of  this  Act : 
Provided,  That  whenever  a  ribbon  issued  under  the  provi- 
sions of  this  Act  shall  have  been  lost,  destroyed,  or  ren- 
dered unfit  for  use,  without  fault  or  neglect  on  the  part  of 
the  person  to  whom  it  was  issued,  the  Secretary  of  the 
Navy  shall  cause  a  new  ribbon  to  be  issued  to  such  person 
without  charge  therefor. 

To  enable  "the  Secretary  of  the  Navy  to  enlist,  at  any  Additional 
time  after  the  passage  of  this  Act,  as  many  additional  sea- 
men,  landsmen,  and  boys  as  he  may  deem  necessary  to  man  CorP8- 
the  ships  of  the  Navy,  or  in  use  by  the  Navy,  as  a  tempo- 
rary force  therefor  during  the  existing  war,  and  for  pay  of 
the  same  and  of  the  temporary  additional  officers  and  war- 
rant machinists  hereinbefore  authorized,  eight  million  eight 
hundred  and  thirty  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary;  and  to  enable  the  Secretary  of  the 
Navy  to  enlist,  at  any  time  after  the  passage  of  this  Act, 
the  following  additional  force  for  the  Marine  Corps  as  a 
temporary  force  during  the  existing  war,  namely,  not  more 
than  sixty  gunnery  sergeants  with  rank  of  first  sergeants, 
not  more  than  eighty  corporals,  and  not  more  than  one 
thousand  five  hundred  privates,  and  for  pay  of  the  same, 
including  the  temporary  additional  officers  hereinbefore 
authorized,  and  for  provisions,  clothing,  fuel,  military 
stores,  transportation  and  recruiting,  and  for  contingent 
expenses,  on  account  of  said  additional  force,  five  hundred 
and  sixty- seven  thousand  nine  hundred  dollars,  or  so  much 
thereof  as  may  be  necessary. 

Toward  the  construction  of  four  timber  dry  docks,  *woofcd°rnsdr0^tion 
hundred  thousand  dollars  each;  in  all,  eight  hundred0 
thousand  dollars  ;  said  dry  docks  to  be  not  less  than  seven 
hundred  feet  in  length,  and  of  other  dimensions  sufficient 
to  meet  the  present  and  probable  future  requirements  of 
the  largest  vessels  of  the  Navy  and  auxiliary  fleet.  One 
of  these  docks  to  be  located  at  the  navy-yard,  Portsmouth, 
New  Hampshire,  to  cost,  when  completed,  not  exceeding 
eight  hundred  and  twenty- five  thousand  dollars;  one  at 
the  navy-yard,  Boston,  Massachusetts,  to  cost,  when  com- 
pleted, not  exceeding  eight  hundred  and  twenty-five  thou- 
sand dollars;  one  at  the  navy -yard,  League  Island,  Penn- 
sylvania, to  cost,  when  completed,  not  exceeding  eight 
hundred  and  twenty- five  thousand  dollars;  and  one  at  the 
navy-yard.  Mare  Island,  California,  to  cost,  when  com- 
pleted, not  exceeding  eight  hundred  and  twenty-five  thou- 
sand dollars;  and  the  Secretary  of  the  Navy  is  hereby 
authorized,  in  his  discretion,  to  build  one  of  said  clocks  of 
granite  or  concrete  faced  with  granite,  and  in  such  case 
the  limit  of  the  cost  of  said  dock  is  increased  two  hundred 
thousand  dollars. 

Toward  the  construction  of  one  steel  floating  dock  of 
domestic  manufacture  which  shall  be  a  combined  floating 
and  graving  dock,  two  hundred  thousand  dollars,  said  dock 
to  be  located  at  the  naval  reservation  at  Algiers,  Louisiana, 


530      LAWS    RELATING    TO    THE    NAVY,    MARINE    CORPS,  ETC. 

to  be  capable  of  liftiDg  a  vessel  of  fifteen  thousand  tons  dis- 
placement, and  twenty-seven  feet  draft  of  water,  to  cost, 
including  moorings  and  wharf,  eight  hundred  and  fifty 
thousand  dollars. 

The  Secretary  of  the  Navy  may  employ,  and  pay  out  of 
the  appropriations  for  dry  docks  herein  authorized,  such 
additional  expert  aids,  draftsmen,  writers,  and  copyists  as 
may  be  necessary  for  the  preparation  of  plans  and  specifi- 
cations, to  an  amount  not  to  exceed  ten  thousand  dollars. 

And  the  Secretary  of  the  Navy  be,  and  is  hereby,  author- 
ized, under  the  limitations  hereinbefore  provided,  to  make 
contracts  for  the  entire  construction  of  said  dry  docks,  and 
steel  floating  dock,  and  in  each  case  the  contract  shall  be 
awarded  to  the  lowest  best  responsible  bidder. 

The  Secretary  of  the  Navy  is  hereby  authorized  and 
directed  to  appoint  a  board  of  naval  officers  to  determine 
the  desirability  of  locating  and  constructing  a  dry  dock  of 
sufficient  capacity  to  take  the  largest  naval  ship  in  the 
harbor  of  Galveston  or  in  the  harbor  of  Sabine  Pass,  or  the 
waters  tributary  thereto,  Texas,  and  a  dry  dock  of  the  same 
capacity  in  the  waters  of  Chesapeake  Bay  above  the  mouth 
of  the  Potomac  River;  and  to  report  such  finding  to  the 
next  session  of  the  present  .Congress;  and  the  sum  of  one 
thousand  dollars,  or  so  much  thereof  as  may  be  necessary, 
is  hereby  appropriated  to  defray  the  expenses  of  said  board, 
^increaseofthe     rpnat  for  tne  purpOse  of  further  increasing  the  naval 
establishment  of  the  United  States  the  President  is  hereby 
authorized  to  have  constructed  by  contract  three  seagoing 
coast-line  battle  ships  carrying  the  heaviest  armor  and  most 
powerful  ordnance  upon  a  displacement  of  about  eleven 
thousand  tons,  to  have  the  highest  practicable  speed  for 
vessels  of  their  class,  and  to  cost,  exclusive  of  armor  and 
armament,  not  exceeding  three  million  dollars  each,  one  of 
said  battle  ships  to  be  named  the  Maine;  and  four  harbor- 
defense  vessels  of  the  monitor  type,  each  having  one  or 
two  turrets,  and  to  cost,  exclusive  of  armament,  not  exceed- 
ing one  million  two  hundred  and  fifty  thousand  dollars 
each;  and  sixteen  torpedo  boat  destroyers  of  about  four 
hundred  tons  displacement,  and  twelve  torpedo  boats  of 
about  one  hundred  and  fifty  tons  displacement,  to  have  the 
highest  practicable  speed,  and  to  cost  in  all,  exclusive  of 
armament, not  exceeding  sixmillion  nine  hundred  thousand 
dollars;  and  one  gunboat  to  take  the  place  of  the  United 
States  steamship  Michigan,  to  cost,  exclusive  of  armament, 
not  more  than  two  hundred  and  sixty  thousand  dollars, 
one  gunboat  said  gunboat  to  be  constructed  on  the  Great  Lakes  or  their 
1  Lake8> connecting  waters:    Provided,  That  said  construction  of 
said  gunboat  shall  conform  to  all  existing  treaties  and  con- 
ventions.   And  not  more  than  two  of  said  battle  ships,  and 
not  more  than  two  of  said  harbor- defense  vessels,  and  not 
more  than  five  of  said  torpedo-boat  destroyers,  and  not 
more  than  four  of  said  torpedo  boats  shall  be  built  in  one 
yard  or  by  one  contracting  party,  and  the  contracts  for  the 
construction  of  each  of  said  vessels  shall  be  awarded  by 
the  Secretary  of  the  Navy  to  the  lowest  best  responsible 
bidder,  having  in  view  the  best  results  and  most  expedi- 


INCREASE  OF  THE  NAVY PLANS,  SPECIFICATIONS,  ETC.       531 

tious  delivery;  and  in  the  construction  of  all  said  ves- 
sels all  of  the  provisions  of  the  Act  of  August  third, 
eighteen  hundred  and  eighty-six,  entitled  "An  Act  to 
increase  the  naval  establishment,"  and  amendments  sub- 
sequently made  thereto  as  to  materials  for  said  ves- 
sels, their  engines,  boilers,  and  machinery,  the  contracts 
under  which  they  are  built,  except  as  to  premiums,  which 
are  not  to  be  offered,  the  notice  of  any  proposals  for  the 
same,  the  plans,  drawings,  and  specifications  therefor,  and dr^fn^J  aud 
the  method  of  executing  said  contracts,  shall  be  observed 
and  followed,  and  said  vessels  shall  be  built  in  compliance 
with  the  terms  of  said  Act,  save  that 'in  all  their  parts  said 
vessels  shall  be  of  domestic  manufacture  except  that  no 
proposal  for  the  torpedo  vessels  shall  be  considered  unless 
the  bidder  is  already  in  possession  of  adequate  plant,  and facture- 
that  the  advertisement  relating  to  the  proposals  for  such 
vessels  may  be  published  for  three  weeks  only;  and,  sub- 
ject to  the  provisions  hereinafter  made,  one  and  not  more 
than  one  of  the  aforesaid  seagoing  battle  ships,  and  one 
and  not  more  than  one  of  the  aforesaid  harbor-defense 
vessels,  shall  be  built  on  or  near  the  coast  of  the  Pacific 
Ocean  or  in  the  waters  connecting  therewith:  Provided, 
That  if  it  shall  appear  to  the  satisfaction  of  the  President 
of  the  United  States,  from  the  biddings  for  such  contracts 
when  the  same  are  opened  and  examined  by  him,  said  ves- 
sel, or  either  of  them,  can  not  be  constructed  on  or  near 
the  coast  of  the  Pacific  Ocean  at  a  cost  not  exceeding  four 
per  centum  above  the  lowest  accepted  bid  for  the  other 
battle  ships  or  harbor-defense  vessels  provided  for  in  this 
Act,  he  shall  authorize  the  construction  of  said  vessel,  or 
either  of  them,  elsewhere  in  the  United  States,  subject  to 
the  limitations  as  to  cost  hereinbefore  provided. 

On  account  of  the  hulls  and  outfits  of  vessels  and  steam 
machinery  of  vessels  heretofore  and  herein  authorized, 
thirteen  million  six  hundred  and  forty-eight  thousand  four 
hundred  and  seventy-three  dollars :  Provided,  That  section 
two  or  the  Act  entitled  aAn  Act  to  increase  the  naval 
establishment,"  approved  August  third,  eighteen  hundred 
and  eighty-six,  be,  and  the  same  is  hereby,  amended  so  as 
to  read  as  follows: 

"SEC.  2.  That  in  the  construction  of  all  naval  vessels 
the  steel  material  shall  be  of  domestic  manufacture,  and  of 
the  quality  and  characteristics  best  adapted  to  the  various 
purposes  for  which  it  may  be  used,  in  accordance  with 
specifications  approved  by  the  Secretary  of  the  Navy." 

Toward  the  armament  and  armor  of  domestic  manufac-  Armor  and 
ture  for  the  vessels  authorized  by  the  Act  of  July  twenty- ar 
sixth,  eighteen  hundred  and  ninety-four,  of  the  vessels 
authorized  under  the  Act  of  March  second,  eighteen  hun- 
dred and  ninety-five,  of  those  authorized  by  the  Act  of  June 
tenth,  eighteen  hundred  and  ninety-six,  of  the  three  torpedo 
boats  authorized  by  the  Act  of  March  third,  eighteen  hun- 
dred and  ninety-seven,  and  of  those  authorized  by  this  Act, 
including  the  completion  of  ordnance  outfit  for  the  four 
harbor-defense  vessels,  the  sixteen  torpedo  boat  destroyers, 
and  twelve  torpedo  boats  named  herein,  seven  million  one 


532      LAWS    RELATING   TO    THE    NAVY,    MARINE    CORPS,    ETC. 

hundred  and  sixty-two  thousand  eight  hundred  dollars: 
Provided,  That  the  total  cost  of  the  armor  according  to  the 
plans  and  specifications  already  prepared,  for  the  three 
battle  ships  authorized  by  the  Act  of  June  tenth,  eighteen 
hundred  and  ninety-six,  shall  not  exceed  three  million  two 
hundred  and  ten  thousand  dollars,  including  all  cost  of 
nickel  in  the  same,  and  exclusive  of  the  cost  of  transpor- 
tation, ballistic  test  plates,  and  tests,  and  royalty  for  steel 
face-hardening  process,  not  to  exceed  one-half  cent  per 
pound,  and  which  can  not  be  made  use  of  without  the  pay- 
ment of  royalty,  and  no  contract  for  armor  plate  shall  be 
made  at  an  average  rate  to  exceed  four  hundred  dollars  per 
ton  of  two  thousand  two  hundred  and  forty  pounds,  includ- 
Names  of  ves-  jng  nickel  as  aforesaid.  That  hereafter  all  first-class  bat- 
tle ships  and  monitors  owned  by  the  United  States  shall  be 
named  for  the  States,  and  shall  not  be  named  for  any  city, 
place,  or  person  until  the  names  of  the  States  shall  have 
been  exhausted :  Provided,  That  nothing  herein  contained 
shall  be  so  construed  as  to  interfere  with  the  names  of 
States  already  assigned  to  any  such  battle  ship  or  monitor. 
Equipment.  Toward  the  completion  of  the  equipment  outfit  of  the 
new  vessels  heretofore  and  herein  authorized,  three  hun- 
dred and  seventy-five  thousand  dollars. 

Eiectricpiants.  j^or  the  installation  of  electric  plants  in  gunboats  num- 
bered ten,  eleven,  twelve,  and  thirteen,  forty  thousand 
dollars. 

The  President     it  is  further  provided  that  whenever  in  the  judgment  of 

pr1atTonkfmmedt  the  President,  the  public  inrerests  may  require  he  is  author- 

ateiy  available.   ize(j  an(j  empowered  to  make  any  or  all  the  provisions  and 

appropriations  of   this  Act  immediately  operative   and 

available. 

M»y  11, 1898.       That  in  addition  to  the  companies  of  volunteer  militia 
Naval  battalion  now  authorized  in  the  District  of  Columbia  there  may  be 
of  organized  not  more  than  four  companies  of  naval  militia, 
which  shall  constitute  a  battalion  to  be  known  as  the  naval 
battalion  of  the  National  Guard  of  the  District  of  Columbia. 
t"     SEC.  2.  That  the  officers  of  the  naval  battalion  shall 
consist  of  one  commander,  and  a  staff  to  consist  of  one 
executive  officer  with  the  rank  of  lieutenant-commander, 
one  navigating  officer  with  the  rank  of  lieutenant,  one 
signal,  ordnance,  and  equipment  officer  with  the  rank  of 
lieutenant,  one  chief  engineer,  one  paymaster,  and  one 
surgeon,  each  with  the  relative  rank  of  lieutenant. 
com°™nTitionof     SEC<  3<  Tn.at  eacu  company  shall  consist  of  one  lieu- 
tenant, one  lieutenant,  junior  grade,  two  ensigns,  and  not 
less  than  sixty  nor  more  than  one  hundred  petty  officers 
and  enlisted  men. 

SEC.  4.  That  in  all  matters  not  otherwise  specially  pro- 
vided for,  the  provisions  of  law  which  provide  for  the 
organization  of  the  militia  of  the  District  of  Columbia 
shall  apply  to  the  naval  battalion. 

0?edutal  Sc11  of     SE9'  5*  T!iat  #eneral  routine  of  duty,  discipline,  and 

battalion.6  c   °  exercises  of  the  naval  battalion,  and  parts  thereof,  shall 

conform  with  the  laws,  customs,  and  usages  of  the  Navy, 

as  far  as  the  same  apply,  and  where  they  do  not  apply  then 

such  routine  of  duty,  discipline,  and  exercises  shall  con- 


AUXILIARY    NAVAL    FORCE    AND    NAVAL    MILITIA.  533 

form  to  the  laws  governing  the  volunteer  forceps  of  the 
District  of  Columbia. 

That  a  United  States  Auxiliary  Naval  Force  is  hereby   May  26, 1898. 
authorized  to  be  established,  to  be  enrolled  in  such  numbers    united  states 
as  the  President  may  deem  necessary,  not  exceeding  three  jr5S}.iary  Naval 
thousand  enlisted  men,  for  the  exigencies  of  the  present 
war  with  Spain,  and  to  serve  for  a  period  of  one  year,  or 
less,  and  shall  be  disbanded  by  the  President  at  the  con- 
clusion of  the  war. 

SEC.  2.  That  the  chief  of  the  United  States  Auxiliary  .  chief  of   the 
Naval  Force  shall  be  detailed  by  the  Secretary  of  the  Navy fo 
from  the  active  or  retired  list  of  the  line  officers  of  the  Navy 
not  below  the  grade  of  captain,  who  shall  receive  the  high- 
est pay  of  his  grade  while  so  employed. 

SEC.  3.  That  enlistment  into  the  United  States  Auxiliary  t  J^ement  in 
Naval  Force  shall  be  made  by  such  officer  or  officers  as  the 
Navy  Department  may  detail  for  the  purpose,  who  shall 
also  select  from  merchant  vessels  and  other  available  sources 
such  volunteers  as  may  be  deemed  best  fitted  for  service  as 
officers  in  said  force,  and  shall  report  to  the  Secretary  of 
the  Navy,  for  his  action,  their  names  and  the  grade  for 
which  each  is  recommended. 

SEC.  4.  That  for  the  purposes  of  this  organization  the  ^Jj11  in^  df?£ 
coast  line  shall  be  divided  into  districts,  each  of  which  shall  tricts. 
be  in  charge  of  an  assistant  to  the  chief  of  the  United 
States  Auxiliary  Naval  Force;   and  such  assistant  chiefs 
may  be  detailed  by  the  Secretary  of  the  Navy  from  the 
officers  of  the  active  or  retired  list  of  the  line  of  the  Navy, 
or  appointed  by  him  from  civil  life,  not  above  the  rank  of 
lieutenant-commander. 

SEC.  5.  That  the  officers  and  men  comprising  the  United  JJJ^J* officer8 
States  Auxiliary  Naval  Force  shall  receive  the  same  pay 
and  emoluments  as  those  holding  similar  rank  or  rate  in 
the  Regular  Navy;  and  all  matters  relating  to  the  organi- 
zation, discipline,  and  government  of  men  in  said  force 
shall  conform  to  the  laws  and  regulations  governing  the 
United  States  Navy. 

SEC.  6.  That  the  chief  of  the  United  States  Auxiliary  JSjSJSSB 
Naval  Force  or  such  officers  as  the  Navy  Department  may  into  auxiliary 
detail  for  such  service,  may,  with  the  consent  of  the  Gov- force< 
ernor  of  any  State,  muster  into  the  said  Force  the  whole 
or  any  part  of  the  organizations  of  the  Naval  Militia  of 
any  State  to  serve  in  said  Auxiliary  Naval  Force,  and  shall 
report  to  the  Secretary  of  the  Navy,  for  his  action,  the 
names  and  grades  for  which  commissions  in  said  United 
States  Auxiliary  Naval  Force  shall  be  issued  to  the  officers 
of  such  Naval  Militia,  and  shall  have  the  power  to  appoint 
and  disrate  the  petty  officers  thereof. 

SEC.  7.  That  the  officers,  warrant  officers,  petty  officers,  *,p-*i(loffrt°h2 
and  enlisted  men  and  boys  of  the  United  States  Auxiliary  Na^yT"  °' 
Naval  Force  thus  created  shall  be  paid  from  the  appropria- 
tion "Pay  of  the  Navy;7'  and  the  sum  of  three  million  dol- 
lars, or  so  much  thereof  as  may  be  required,  is  hereby 
appropriated,  from  any  money  in  the  Treasury  not  other- 
wise appropriated,  for  the  purchase  or  hire  of  vessels  nec- 
essary for  the  purposes  of  this  resolution. 


534       LAWS    RELATING    TO    THE    NAVY,    MARINE    CORPS,  ETC. 

May  26, 1898.  That  the  temporary  appointments  made  by  the  President 
joint  resciii- on  and  after  April  twenty-first,  eighteen  hundred  and 
an°cf  conaarmin|  ninety-eight,  and  up  to  the  date  of  the  passage  of  this  joint 
certain  tempera  -  resolution,  of  officers  of  the  line  and  staff  of  the  Navy,  are 
of  oEr^ofThe  hereby  ratified  and  confirmed,  to  continue  in  force  during 
Navy.  the  exigency  under  which  their  services  are  required  in  the 

existing  war :  Provided,  That  the  officers  so  appointed  shall 
be  assigned  to  duty  with  rank  and  pay  of  the  grades  estab- 
lished by  existing  law,  and  shall  be  paid  from  the  appro- 
priation "Pay  of  the  Navy." 

June s,  1898.       ]?or  special  necessities  of  the  various  naval  squadrons; 
support  of  for  the  charter  or  purchase  of  suitable  vessels;  for  the 
ment!  e8tablish'  increase  of  small  craft  attached  to  the  various  squadrons, 
Navy  Depart-  and  for  replacing  such  as  may  be  lost  or  destroyed;  for  main- 
ment  en         cy  taming  and  destroying  communication;  and  for  obtaining 
information,  ten  million  dollars,  of  which  sum  not  more 
than  five  hundred  thousand  dollars  may  be  used  to  meet 
contingencies  that  can  not  be  foreseen,  but  which  con- 
stantly arise  under  existing  conditions. 

iS"r?ndflur  ^or  Provisi°ns  an(i  commuted  rations  for  the  seamen 
count«an  c  and  marines,  which  commuted  rations  may  be  paid  to  cater- 
raSon8ninuteders  °^  messes?  m  cases  of  death  or  desertion,  upon  orders 
of  the  commanding  officer,  commuted  rations  for  officers  on 
sea  duty  and  naval  cadets,  and  commuted  rations  stopped 
on  account  of  sick  in  hospital  and  credited  to  the  naval 
hospital  fund,  subsistence  of  officers  and  men  unavoidably 
detained  or  absent  from  vessels  to  which  attached  under 
orders  (during  which  subsistence  rations  to  be  stopped  on 
board  ship  and  no  credit  for  commutation  therefor  to  be 
given);  fresh  water  for  drinking  and  cooking  purposes; 
labor  in  general  storehouses  and  paymasters'  offices  in 
navy-yards,  including  expenses  in  handling  stores  pur- 
chased under  the  naval  supply  fund,  one  million  dollars. 

For  purchase  of  clothing  and  small  stores  for  issue  to 
the  naval  service,  the  present  fund  being  inadequate  to 
meet  the  requirements  of  the  service  at  this  time,  to  be 
added  to  the  "Clothing  and  small  stores  fund,"  one  million 
dollars. 

June  16, 1898.      That  in  every  case  in  which  a  settler  on  the  public  land 

An  act  for  the  pf  the  United  States  under  the  homestead  laws  enlists  or 

Emuettead0  so°tf  is  actually  engaged  in  the  Army,  Navy,  or  Marine  Corps  of 

tiers  who  enter  the  United  States  as  private  soldier,  oflicer,  seaman,  or 

the    military    or  .  ,       .          ,,  .  f.  . ,,     <Z,  , 

naval  service  of  marine,  during  the  existing  war  with  Spam,  or  during  any 
otner  war  in  which  the  United  States  may  be  engaged,  his 
services  therein  shall,  in  the  administration  of  the  home- 
stead laws,  be  construed  to  be  equivalent  to  all  intents  and 
purposes  to  residence  and  cultivation  for  the  same  length 
of  time  upon  the  tract  entered  or  settled  upon ;  and  here- 
after no  contest  shall  be  initiated  on  the  ground  of  aban- 
donment, nor  allegation  of  abandonment  sustained  against 
any  such  settler,  unless  it  shall  be  alleged  in  the  preliminary 
affidavit  or  affidavits  of  contest,  and  proved  at  the  hear- 
ing in  cases  hereafter  initiated,  that  the  settler's  alleged 
absence  from  the  land  was  not  due  to  his  employment  in 
such  service:  Provided,  That  if  such  settler  shall  be  dis- 
charged on  account  of  wounds  received  or  disability  in- 


HOSPITAL  CORPS  OF  THE  NAVY.  535 

curred  in  the  line  of  duty,  then  the  term  of  his  enlistment 
shall  be  deducted  from  the  required  length  of  residence 
without  reference  to  the  time  of  actual  service:  Provided 
further,  That  no  patent  shall  issue  to  any  homestead  set- 
tler who  has  not  resided  upon,  improved,  »and  cultivated 
his  homestead  for  a  period  of  at  least  one  year  after  he 
shall  have  commenced  his  improvements. 

That  a  hospital  corps  of  the  United  States  .Navy  is  Junei7,iso8. 
hereby  established,  and  shall  consist  of  pharmacists,  hos-  Hospital  corps, 
pital  stewards,  hospital  apprentices  (first  class),  and  hos-  *gabli 
pital  apprentices ;  and  for  this  purpose  the  Secretary  of 
the  Navy  is  empowered  to  appoint  twenty-five  pharmacists 
with  the  rank,  pay,  and  privileges  of  warrant  officers,  re- 
movable in  the  discretion  of  the  Secretary,  and  to  enlist, 
or  cause  to  be  enlisted,  as  many  hospital  stewards,  hos- 
pital apprentices  (first  class),  and  hospital  apprentices  as  in 
his  judgment  may  be  necessary,  and  to  limit  or  fix  the 
number,  and  to  make  such  regulations  as  may  be  required 
for  their  enlistment  and  government.  Enlisted  men  in  the 
Navy  or  the  Marine  Corps  shall  be  eligible  for  transfer  to 
the  hospital  corps,  and  vacancies  occurring  in  the  grade  of 
pharmacist  shall  be  filled  by  the  Secretary  of  the  Navy  by 
selection  from  those  holding  the  rate  of  hospital  steward. 

SEC.  2.  That  all  necessary  hospital  and  ambulance  serv-  8e^J!b.ulanc6 
ice  at  naval  hospitals,  naval  stations,  navy-yards,  and 
marine  barracks,  and  on  vessels  of  the  Navy,  Coast  Sur- 
vey, and  Fish  Commission,  shall  be  performed  by  the 
members  of  said  corps,  and  the  corps  shall  be  permanently 
attached  to  the  Medical  Department  of  the  Navy,  and 
shall  be  included  in  the  effective  strength  of  the  Navy  and 
be  counted  as  a  part  of  the  enlisted  force  provided  by  law, 
and  shall  be  subject  to  the  laws  and  regulations  for  the 
government  of  the  Navy. 

SEC.  3.  That  the  pay  of  hospital  stewards  shall  be  sixty  arH3(?8p^tal  stew- 
dollars  a  month,  and  the  pay  of  hospital  apprentices  (first ar 
class)  thirty  dollars  a  month,  and  the  pay  of  hospital  -ap- 
prentices twenty  dollars  a  month,  with  the  increase  on 
account  of  length  of  service  as  is  now  or  may  hereafter  be 
allowed  by  law  to  other  enlisted  men  in  the  Navy. 

SEC.  4.  That  all  benefits  derived  from  existing  laws,  or  w *«™ 
that  may  hereafter  be  allowed  by  law,  to  other  warrant 
officers  or  enlisted  men  in  the  Navy  shall  be  allowed  in  the 
same  manner  to  the  warrant  officers  or  enlisted  men  in  the 
hospital  corps  of  the  Navy. 

SEC.  5.  That  all  acts  and  parts  of  acts,  so  far  as  they 
conflict  with  the  provisions  of  this  Act,  are  hereb7 
repealed. 


INDEX. 


Page. 

Academy,  Naval 70-77 

Accounting  officers  and  accounting 159-166 

accounting  system  in  force,  new 162 

Accounts,  examination  of 165 

manner  of  keeping,  etc 165 

property  not  to  be  forwarded,  etc 162 

property,  regulations  as  to,  etc 162 

revision  of,  pending 161 

action  upon  settlement  of 159 

advances,  requisitions  for,  how  made 161 

appropriations  for  departments,  report  on 164 

how  stated 161 

Auditor  for  the  Navy  Department 165 

auditors 165 

deputies,  duties  of 165 

designations  of,  changed 1(?5 

duties  of 164 

may  administer  oaths 165 

to  preserve  accounts 160 

transfer  of  duties  to 160 

what  decisions  of  to  be  reported,  etc 160 

balances,  certified,  etc 159 

bookkeeping  and  warrants,  division  of 160 

certificate,  contents  of 163 

requisition,  action 161 

claims  not  reopened 162 

Comptroller,  auditors,  etc.,  not  new  officers 162 

officers  may  be  called  on  for  decision 160 

differences  on  revision,  certificate  of,  etc 159 

drafts  for  War  and  Navy  Departments 165 

fiscal  year,  commencement  of 163 

issuing  warrants,  time  to  be  fixed 159 

liabilities,  adj ustment  of,  etc 165 

losses  to  be  certified,  etc 163 

Navy,  claims  for  sea  pay,  etc 163 

oaths,  auditors  may  administer 165 

of  disbursing  officers  unchanged,  etc 215-221 

payments,  accepting,  etc 159 

receipts  and  expenditures,  to  keep  accounts  of 160 

reoxamination  by  order  of  Secretary 159 

register,  duties  of 160 

regulations  to  enforce  act 163 

relief,  opportunity  for 163 

repeal 162,163 

requisition  or  certificate,  action 161 

requisitions,  when  not  required 161 

revision,  not  to  be  delayed  for 159 

rules,  etc.,  by  departments 161 

existing,  how  affected 163 

to  be  made  by  Secretary  of  Treasury 161 

Second  Comptroller,  duties  of 164 

power  of,  etc 164 

Secretary  of  Treasury  to  make  rules 161 

supensions  permitted 159 

warrants,  form  of  drawing  and  charging 166 

to  be  accompanied,  how 161 

to  be  countersigned 161 

537 


538  INDEX. 

Page. 

Accounts  of  lost  vessels  and  clothing 166-168 

amounts  deducted 168 

claims  barred 169 

not  to  be  reopened 168 

compensation  for  personal  effects  lost 167 

conditions 167 

deceased  persons,  arrears  of  pay  to 166 

effects  of  officers,  allowance  for 168 

liability,  limit  of 168 

losses  by  shipwreck,  adjustment  of 167 

prior,  payment  of 167 

report  on  future 167 

war 168 

navy 167 

officers,  seamen,  etc.,  payment  of  accounts  of,  etc 167 

petty,  accounts  of,  etc 166 

pay,  arrears  of,  to  deceased  persons 166 

for  continuation  of,  etc 168 

payment  of  prior  losses 167 

report  on  future  losses 167 

shipwrecks,  losses  by,  etc 167 

to  be  presented  in  two  years 168 

value,  determining 168 

vessels,  lost  or  captured,  settlement  of  accounts  of,  etc 166 

missing,  fixing  date  of  loss 166 

war  losses 168 

Advance  of  public  money  prohibited 217 

Advances,  requisitions  for 161 

Advertising 168-170 

authority  necessary 168 

clothing 169 

District  of  Columbia,  advertisements  in 169 

hemp 169 

prices  to  be  paid 169 

proposals,  advertisements  for 169 

certified  check  may  be  accepted,  etc 170 

restriction  on,  in  District  of  Columbia 169 

Agents ,..  213 

claim 197 

Agents  of  Government 179 

Allowances 89-101 

Almanac,  Nautical 69 

Alien  enemies 351 

Ambulance,  definition  of  term 356 

service 535 

Amelioration  of  wounded 355 

Appointments  of  President,  temporary 535 

ratified  and  confirmed 534 

Appropriations,  estimates 170-177 

advances,  how  changed 174 

amounts  lost,  statement  of 177 

applications  of  moneys  appropriated 174 

appropriations  for  pay  of  Navy,  use  of,  etc 

balances,  disposal  of,  after  two  years 176 

in  hand,  etc.,  statement  of 177 

of  appropriation,  disposal  of 176 

of  appropriation,  expenditure  of 176 

unexpended,  to  be  covered  into  Treasury 177 

classification  in  Book  of  Estimates 171 

contingent  funds 175 

contracts  and  supplies 171, 175 

existing,  not  affected 177 

drafts  for  War  and  Navy  Departments 173 

estimates,  when  to  be  furnished 173 

exceptions,  to  continue  available 177 

expenditure,  items  to  be  specified,  etc 172 

of  balance  of  appropriation 176 

expenditures,  none,  beyond  appropriations 175 

expenses,  estimates  for , 170 


INDEX.  539 

Page. 

Appropriations,  explanations,  additional,  etc '. 171 

foreign  hydrographic  surveys 175 

Fourth  Auditor,  settlement  by 175 

navy  appropriation  con  trolled  by  Secretary 174 

Navy  Department - 172 

navy  pension  fund,  estimates  for : 173 

outstanding,  amount  to  be  designated 172 

"pay  miscellaneous"  to  be  credited,  etc 174 

pay  of  the  Navy,  estimates  for 173 

pension  fund,  Navy,  estimates  for 173 

permanent  indefinite  appropriations 175 

printing  and  binding,  estimates  for 171 

proceeds  of  sales  of  old  material 173 

public  works,  appropriations  for 171 

reports  to  be  included,  etc.,  extracts  from 173 

made  to  Secretary  of  Navy 172 

requisitions  of  Secretary  of  Navy  for  advances 174 

restrictions  on  contingent,  etc. 175 

sales  of  old  material,  proceeds,  etc 173 

proceeds  of,  etc 177 

settlements,  etc 174 

special  appropriation  available  for  two  years 175 

statement  of  balances  in  hand,  etc 177 

of  condition  of  business,  etc 171 

tabular,  of  navy  appropriations,  etc 177 

surveys,  foreign  hydrographic 175 

tabular  statement  of  navy  appropriations 174 

warrants,  form  of  drawing  and  charging 177 

Arson  of  armory,  vessel,  etc 83 

Articles  for  the  government  of  the  Navy 7-21 

absence  from  duty  without  leave 11 

of  members  of  courts-martial 19 

accounting  officers 17 

accounts  of  men  received 14 

sent  from  ship 

apprehend  oifenders,  refusing  to 11 

arrest  and  trial,  liable  to,  etc 12 

articles  to  be  hung  up  and  read 14 

branding 19 

buying  public  military  property 12 

charges 18 

combinations  against  superior  officer 10 

commander's  duty  of  supervision,  etc 7 

contempt  of  court 18 

of  superior  officer 10 

courts-martial,  general,  by  whom  convened 17 

constitution  of 17 

courts-martial,  summary 15 

constitution  of 15 

courts  of  inquiry 20 

constitution  of 20 

powers  of 20 

cowardice  in  battle 9 

cruelty 10 

deaths 13 

deceased  persons,  property  of 13 

delivering  less  property  than  receipt  calls  for 12 

deserters,  enlisting 13 

harboring 11 

deserting  duty  in  battle 9 

desertion  by  resignation 11 

in  time  of  peace 11 

in  time  of  war 

desertions 13 

destruction  of  public  property 

preventing  same 10 

dismissal  of  officers 17 

disobedience  of  orders 8 

disrating  for  incompetency 16 


540  INDEX. 

Page. 

Articles  for  the  government  of  the  Navy,  distilled  spirits  only  as  medical  stores .  11 

divine  service 8 

duels 10 

enemy,  intercourse  with 8 

messages  from  an 8 

established,  when 7 

failing  to  afford  relief  in  battle 9 

failing  to  encourage  men 9 

failing  to  seek  encounter 9 

falsehood,  punishment  for •. 10 

false  claims,  agreement  to  obtain  payment  of 11 

falsemuster 10 

false  papers 11 

flogging,  abolished 19 

forgery,  punishment  for 12 

fraud,  certain  crimes  of,  etc 11 

frauds 12 

freight,  receiving  articles  for 10 

fugitives,  returning 13 

health  of  crew 14 

importing  dutiable  goods  in  public  vessels 11 

imprisonment  in  a  penitentiary 9 

intercourse  with  the  enemy 8 

irreverent  behavior .* 8 

judgment,  authentication  of 19 

leaving  station 

list  of  officers,  men,  and  passengers 13 

men  received  on  board 13 

minors,  enlistment  of , 13 

murder 9 

mutinous  words 10 

mutiny 8 

neglecting  orders  to  prepare  for  battle 9 

neglecting  to  clear  for  action 9 

neglecting  to  join  on  signal  for  battle 9 

neglect  of  orders 10 

negligence  in  convoy  service 10 

negligent  stranding 10 

oath  of  members  and  judge-advocate 17-20 

of  members  and  recorder 15 

of  witness 18 

offenses  committed  on  shore 15 

not  specified 14 

officer  arrested,  duty  of.. 18 

dismissed  by  President  may  demand  trial 17 

officers  absent  without  leave,  etc 11 

authority  of.  after  loss  of  vessel 14 

payment  of  crew,  final,  attendance  at 14 

perjury 12 

plundering  on  shore 10 

prisoners,  refusing  to  receive 11 

prize,  maltreating  persons  taken  on 13 

money,  list  of  persons  claiming 12 

removing  property  from 13 

proceedings,  how  authenticated,  etc 21 

manner  of  conducting 16 

profanity 10 

provisions,  inspection  of " ! 14 

public  property,  waste  of 10 

punishment,  adequate 19 

by  officers  temporarily  commanding 15 

by  order  of  commander 15 

for  offending,  etc 14 

for  offenses  in  time  of  peace 21 

punishments  by  general  court-martial 17 

by  summary  courts 16 

quarreling 10 

quarrels,  fomenting "".....                               '"."       10 

receipts,  giving,  without  knowing  truth  of ..........  *.~I ... 12 


INDEX.  541 

Page. 

Articles  for  the  government  of  the  Navy,  recommendation  to  mercy 19 

rights  of  party  inquired  of 21 

selling,  wrongfully 12 

sentence,  confirmation  of 19 

of  summary  court,  execution  of 16 

remission  of 16 

remission  and  mitigation  of 19 

sentences,  how  determined 19 

sleeping  on  watch 

spies 9 

stealing 12 

stranding  or  injuring  vessel 8 

striking  flag  or  treacherously  yielding 9 

striking  superior  officer 8 

supplies,  dealing  in,  etc 11 

suspension  of  pay 19 

of  proceedings 18 

testimony 16 

time  limit  to  run  from  end  of  term 21 

trials,  etc 21 

for  desertion  in  time  of  peace 21 

violating  general  orders  or  regulations 11 

witnesses  examined,  etc 19 

Articles  patented 360 

Artificial  limbs,  trusses  and  appliances 58-60 

amended  section 59 

artificial  limbs,  etc 59 

commutation  for,  etc 60 

rates,  etc 60 

money  commutation,  etc 60 

how  paid —  60 

persons  entitled  to 59 

transportation,  etc 60 

trusses,  application  for 59 

purchase  of 59 

to  whom  furnished 58 

Assault  with  a  dangerous  weapon 345 

Assistant  naval  constructor 77-78 

appointment  of 77 

chief  constructor 77 

chief  of  bureau 1 77 

duties  of 77 

education  of,  at  Naval  Academy 78 

number  of 77 

pay  of 78 

rank  of 78 

on  retirement 78 

Assistant  surgeons,  appointment  of 527 

President  authorized  to  appoint  25  temporarily 527 

Asylums,  hospitals,  etc 54-56 

Attorney-General ;  Department  of  Justice 178-179 

counsel,  attendance  of,  required  by  head  of  a  department 179 

retaining,  to  aid  district  attorneys 179 

Departments,  War  and  Navy,  legal  advice  to 178 

district  attorneys,  retaining  counsel  to  aid 179 

duties  of 178 

legal  advice  to  War  and  Navy  Departments 178 

officers  of  the  Department  to  perform  all  legal  services,  etc 178 

opinion  of,  on  questions  of  law 178 

Attorneys-General,  opinions  of,  in  construing  United  States  statutes 454 

Attorneys  and  agents  of  Government 179-180 

appointment  of  persons  to  disburse  money,  etc 179 

assistance,  professional,  how  obtained 179 

bond  of  special  agents 180 

claims 179 

disbursing  officers,  title  of 180 

employment  of  attorneys  or  counsel 179 

interested  persons  not  to  act  as  agents,  etc 180 


542  INDEX. 

Page. 

Attorneys  and  agents  of  government,  money,  appointment  of  persons  to  dis- 
burse, etc 179 

professional  assistance,  how  obtained 179 

special  agents,  bond  of 180 

Auditor  of  the  Navy  Department 165 

Auditor,  Fourth,  settlement  by 175 

Auxiliary  naval  force 533 

Balances,  disposal  of,  etc 176 

Belligerents 358 

rights  of 358 

Board,  Light-House 320 

Board  of  health 421 

Boatswains,  pay  of 93 

Bond,  special  agents 180 

not  invalidated  by  act  January  16,1895 343 

yachts  not  required  to  give 342 

Bounty,  etc 272-274 

assignments  of 273 

distribution  of 273 

enlisting,  bounty  for 273 

prize  money,  assignments  of 273 

slaves,  colored  soldiers  enrolled  as 273 

vessels,  bounty  for  captured,  etc 272 

sunk  or  destroyed,  bounty  for  people  on  board 272 

Bribes,  contributions,  presents,  etc 268-270 

compensation,  upon  taking,  etc 269 

diplomatic  and  consular  officers 300 

foreign  governments,  presents  from,  etc 271 

forfeiture  of  office  for  taking 270 

Members  of  Congress,  accepting  bribe,  etc 270 

bribery  of 269 

officer,  United  States,  accepting  bribe,  etc 270 

officers,  etc.,  interested  in  claims 270 

United  States,  bribery  of  any 269 

political  purposes,  contributions  for 268 

contributions  for,  forbidden 271 

prohibition  of  contributions,  presents,  etc 269 

upon  taking  consideration  for  procuring  contracts 268 

Buildings,  public 249 

Buoys 320 

color  of '. 321 

Bureau  of  Supplies  and  Accounts 534 

Cadets,  naval 70-77 

Captains,  pay  of 90 

Carpenters,  pay  of 93 

Cedar  Grove  land,  condemnation  of 528 

Cemeteries,  national 60,  61 

Chaplains 26 

annual  report  of 26 

form  of  worship 26 

number  and  appointment  of 26 

pay  of 26 

qualifications  of 26 

rank  of 26 

rank  when  retired  for  age,  etc 26 

Charts,  cost  price 62, 236 

Checks  and  drafts 220-224 

accounts  of  disbursing  officers  unchanged,  etc 221 

allowance  of  lost 220 

assistant  treasurer,  reports  of 221 

disbursing  officers,  accounts  unchanged,  etc 221 

reports  of 221 

drafts,  payment  upon  presentation,  etc 221 

regulations  for  presentment  of,  etc 222 

vouchers  for,  etc 221 

duplicate  check,  when  officer  who  issued  is  dead 222 

duplicates  for  lost  or  stolen  checks 222 

funds,  exchange  of,  restricted 222 


INDEX.  543 

Page. 

Checks  and  drafts,  liabilities  outstanding,  etc 220 

lost,  allowance  of 220 

stolen  checks,  duplicates  for 222 

outstanding  liabilities 220 

premiums  on  sales  of  public  moneys,  etc 222 

reports  of  treasurer,  etc 221 

sales  of  public  moneys,  premiums  on,  etc 222 

treasurer,  reports  of 221 

vouchers  for  drafts  remaining  unpaid 221 

Chief  engineers,  pay  of 93 

Citizenship  and  citizens 347-349 

Civil  engineers 26, 27 

appointment  of  at  navy-yards 27 

general  order  concerning 27 

pay  of 27 

rank  of 27 

retired  army  and  navy  offi  cers  may  be  employed  as 27 

rivers  and  harbors 27 

yards  and  docks 26 

Civilians,  storekeepers,  etc 

Civil  rights,  depriving  citizens  of 23 

Civil  Service :  The  Executive  Departments 180-187 

admissions,  President  to  regulate 183 

boards  of  examiners 185 

classification  of  department  clerks 180 

clerks,  authority  to  employ,  etc , 181 

departmental,  classification  of 180 

extra  compensation  to,  prohibited 182 

restriction  on  number  and  pay 182 

revision,  classification,  etc - 185 

temporary 181 

temporary,  detail  of '- 181 

Commissioners,  appointment  of 183 

Commission,  penalty  for  defeating  obj  ects,  etc 185 

compensation,  extra,  prohibited 182 

Congressmen,  recommendations  of,  etc 186 

contributions,  etc.,  not  to  be  solicited 186 

Departments,  Executive 181 

detail,  temporary,  of  clerks 181 

details  not  to  be  made  from  outside  district,  etc 183 

disabled  persons,  etc.,  preferred 187 

recommendation  for  employment 187 

duty  of 183 

employees,  civil,  not  to  be  paid  from  contingent  appropriation 182 

expenses 183 

family,  not  more  than  two  eligible 186 

intoxicating  beverages,  habitual  use  of,  a  bar 186 

meeting,  places  of 185 

money,  giving  for  political  purposes  prohibited 187 

pay,  unauthorized  ratesof,  forbidden « 182 

penalty 187 

for  corruptly  defeating  objects,  etc 185 

preference  of  persons  disabled,  etc 187 

to  discharged  soldiers  and  sailors 187 

proscription,  immunity  from,  etc 187 

recommendation  for  employment  of  disabled  persons 187 

reductions,  preference  to  discharged  soldiers  and  sailors 187 

restrictions 182 

rules  for  civil-service  act - 183 

persons  subject  to  and  exempt  from 186 

salaries,  lapsed 183 

salary 183 

of  persons  employed  in  the  departments 181 

women,  clerkships  open  to 180 

Claims  and  claim  agents 197-202 

amount,  additional,  to  be  withheld 201 

assignment  of  claims  void,  etc 199 

assistance,  professional,  how  obtained 198 


544  INDEX, 

Page. 

Claims  and  claim  agents,  balance,  how  paid  to  claimant 202 

claims  not  to  be  allowed,  etc 202 

compromise 199 

contractors,  mail,  payment  of 200 

debt,  amount  of,  to  be  withheld,  etc 201 

discharge,  Secretary  to  execute,  when 201 

disloyalists,  claims  of 200 

oath  by  persons  prosecuting 199 

who  may  administer 200 

officers,  etc.,  interested  in  claims 201 

papers  relating  to  claims,  unlawfully  taking 200 

persons  formerly  in  departments  not  to  prosecute  claims,  etc 198 

Secretary,  duty  of,  to  sue  on  debt 201 

testimony,  compelling 198 

unlawfully  taking  papers,  etc 200 

witnesses'  fees 197 

subpoenas,  etc..". 197 

Claims,  Court  of 202 

Clerks  and  secretaries 121-122 

Clothing  and  small  stores,  purchase  of 534 

Clubs,  foreign  yacht,  yachts  belonging  to 343 

Coal •  527 

depots  for 527 

President  authorized  to  prohibit  exportation  of 526 

Coast  Survey 274-275 

allowance  for  subsistence  of  naval  officers,  etc 275 

books,  power  to  use,  etc 274 

charts 275 

conducting,  mode  of 274 

employment  of  officers,  etc 274 

employ  persons,  power  to,  etc 274 

vessels,  power  to,  etc *. 275 

officers,  employment  of,  etc 274 

manner  of  employment,  etc 275 

subsistence,  allowance  for 275 

Coins,  weights,  and  measures 224-229 

foreign  coins 226 

recoinage  of - 226 

table  of 227 

value  of 226 

gold  coins,  deviations  allowed,  etc 225 

of  the  United  States 225 

of  the  United  States,  and  their  weight 224 

inscriptions 224 

measures,  tables  of 229 

medals,  national  and  other,  where  to  be  struck 229 

metric  system,  use  of  authorized 228 

Mexican  coins 226 

minor  coins,  deviations  allowed,  etc 225 

weight  and  alloy  of 224 

pound  sterling,  value  of 226 

silver  coins  and  their  weight 224 

deviations  allowed,  etc 225 

exchange  of 225 

sovereign,  value  of 226 

Spanish  coins 226 

standard  for  gold  and  silver  coins 224 

tables  of  weights  and  measures,  authorized 228 

weights,  table  of 229 

Collisions,  rules  of  the  sea  respecting 275-297 

Jipproaching  in  fog 290 

boats,  open 289 

coal  boats 289 

collisions  at  sea 285 

danger,  immediate 296 

ferryboats,  etc 288 

fines 296 

fog,  need  of  ships  to  be  moderate  in,  etc 282 


INDEX.  545 

Page. 

Collisions,  Great  Lakes,  to  regulate  navigation  on 291 

harbors,  rules  for 284 

instructions,  preliminary 287 

special 291 

lights 287 

rules  concerning 276 

for  boats  on  rivers 293 

for  open  boats 293 

for  produce  boats,  etc 293 

for  small  vessels 292 

for  towed  vessels 292 

for  tugs 292 

for  tugs,  etc.,  on  St.  Lawrence 292 

for  vessels  at  anchor 293 

of  towing  vessels 291 

of  vesselsof  war 293 

prescribed 291 

small  vessels  relieved  from,  etc 278 

starboard  and  port  side 288 

mercantile  marine 287 

negligence 296 

overtaking 290 

precautions,  proper 284 

preliminary 276 

regulations,  authority  to  make 296 

preventing  collisions,  etc 276 

to  prevent  collisions,  etc 285 

repeal  of  rules 296 

right  of  way 290 

risk  of  collision... 282 

sailing  rules 282 

rules 294 

signal  lights  and  torches 291 

signals,  direct 296 

fog 289 

distress 284 

sound 284 

speed  in  thick  weather 294 

steamboats,  small,  etc 278 

steamers  and  sail  vessels,  meeting 290 

crossing,  two 290 

in  narrow  channels 295 

Mississippi  River 288 

ocean-going 287 

towing 288 

steering  rules 282 

rules 294 

St.  Lawrence,  lights  for  tugs  on 292 

torches,  lighted 293 

vessels,  at  anchor 289 

naval .  289 

of  the  Navy,  rules  for 287 

pilot 289 

sailing 288,290-294 

sailing,  small 288 

small,  steam 278 

small,  under  sails 279 

steam 290-295 

steam  and  sail 287 

steam  coasting '. 288 

Commanders,  pay  of 90 

Commandant  of  Marine  Corps,  rank  and  pay  of 112, 142 

Commissioner,  Fish 305 

Comptroller,  not  new  officer 162 

may  be  called  on  for  decisions : 160 

Second,  duties  of 164 

Condemnation  of  land 528 

Congress,  claims  pending  before 208 

376 35 


546  INDEX. 

Page. 

Congressional  Directory 239 

Conspiracy 341, 448 

parties  to 310 

Construction  of  United  States  statutes 454 

Constructors,  assistant  naval 77,  78 

Constructors,  naval 75 

Consular  officers 297 

Consular  powers 21 

Contempt  court 18 

Contingent  funds 209-211 

appropriation  acts 210 

controlled  by  Secretary 210 

each  bureau  to  be  kept  separate 210 

fund  not  to  be  used  to  pay  clerks 210 

funds,  annual  report 209 

funds,  purchase  from,  restricted 210 

restrictions  on 210 

estimates  for  expenses 210 

expenditure  for  newspapers 209 

of  contingent  funds -..  209 

expenditures,  statement  to  be  reported,  etc 210 

expenses,  estimates  for 210 

newspapers,  expenditures  for 201 

reports,  failure  to  make 210 

restrictions  on  contingent,  etc.,  appropriations 210 

returns,  failure  to  make 210 

Contractors,  mail,  payment  of 200 

Contracts,  supplies,  etc 28-44-171 

advances  of  public  money  on  contracts 29 

advertisements  for  proposals,  etc 30 

advertising  for  supplies,  length  of  time,  etc 33 

accounting  officers  to  be  notified 44 

bid,  guaranty  of 34 

record  of 34 

bids,  rejection  of 34,  35 

when  opened 30, 35 

bond  for  labor,  action  on 37 

bunting 36 

Bureau  of  Provisions  and  Clothing  in  Navy,  etc 33 

supplies  and  accounts 33 

certificate 44 

clothing,  etc 43 

coal  and  wood  to  be  weighed,  etc 44 

contractor's  name  to  appear  on  supplies 36 

contractors  on  public  works,  bond,  etc 37 

to  furnish  bond,  etc 40 

contracts,  deposit  of 40 

for  foreign  supplies  for  Navy 35 

for  military  or  naval  service,  etc 31 

in  writing 40 

limited 37 

Members  of  Congress  not  to  be  interested 38, 39 

no  transfer  of 37 

not  to  exceed  appropriation 36 

unauthorized,  prohibited 36 

cordage  for  Navy,  cotton ' 43 

costs  37 

security  for 40 

day's  work,  eight  hours 38 

duties 44 

employees,  appointment  of ....!!.!!!!!!!!!!!.".................!.!!]  44 

employment  in  certain  cases,  forbidden 29 

expense 37 

fees,  none  chargeable  against  Government 34 

flour  and  bread 35 

fnel 36 

in  District  of  Columbia,  inspection  of 43 


INDEX.  547 

Page. 

Contracts,  supplies,  etc. ,  gun  steel  and  armor  to  be  advertised  for 33 

hemp T 35 

index  book 41 

inspectors,  appointment  of 43 

instructions  to 41 

life-saving  dress 43 

manufactures,  home  preferred : 35 

meats,  preserved 35 

naval  supplies,  how  purchased,  etc 30 

to  be  furnished,  etc 31 

supply  fund,  permanent 29-33 

Navy  Department,  exception  for 44 

notice  to  dealers 42 

oath  to  contract 40 

payment  forbidden  to  officers  employed,  etc 29 

no,  without  certificate 44 

penalty  against  officer,  etc 40 

for  omitting  returns 41 

proposals,  advertisements  for 29 

public  buildings  or  works 39 

purchases  without  advertisement 34 

regulations  of  supplies 28 

relinquishment  of  reservations,  etc . . 36 

rent  for  building,  etc.,  contract  for 42 

restrictions  on  commencement  of  new  buildings 37 

on  purchases 37 

returns,  clerk  to  file 41 

copies  of 41 

office  of 41 

small  stores  fund 43 

steam  boilers  for  Navy,  materials  for,  etc 32 

materials  for 42 

tests 42 

tobacco,  advertisement  for,  etc 42 

how  purchased 42 

to  be  procured  after  advertisement 34 

torpedoes 43 

Contributions 268 

Convicts,  immigration  forbidden 350 

Cooly  trade 440 

Copvrighting  public  documents  forbidden 236 

Court  of  Claims 202-209 

claimant,  new  trial  on  motion  of 207 

claims  forfeited  for  fraud 207 

for  supplies  furnished,  etc 208 

founded  on  statutes  or  contracts 203 

not  to  be  allowed,  etc 208 

not  within  jurisdiction  of  court 208 

pending  before  Congress 208 

pending  in  other  courts 205 

private,  in  Congress,  etc 204 

referred  by  Congress , 203 

referred  by  Departments 204 

when  transmitted,  etc 204 

Congress,  claims  pending  before 208 

counsel,  retired  officers  not  to  act  as 202 

counterclaims,  judgments  for 204 

of  United  States 203 

defense,  etc.,  for  the  United  States . . 209 

departments,  claims  referred  by 204 

evidence  to  be  furnished  by 204 

judgments  in  cases  transmitted  by,  etc 205 

power  to  call  on  for  information 206 

procedure  in  cases  transmitted  by 205 

disbursing  officers 203 

evidence  to  be  furnished,  etc 202 

fraud,  claims  forfeited  for 207 

fraudulent  claims  not  to  be  allowed..                 208 


548  INDEX. 

Page. 

Court  of  Claims,  information,  power  to  call  on  departments  for 206 

interest 207 

claims 207 

judgments,  final,  a  bar 207 

for  set-offs  or  counterclaims 204 

payment  of 207 

payment  of,  a  full  discharge 207 

jurisdiction 203 

limitation 205 

loyalty,  burden  of  proof  as  to 206 

naval  retired  officers  not  to  act,  etc 202 

officers,  disbursing 203 

paymasters,  decree  on  account  of 204 

petition 206 

dismissed,  etc 206 

proof  and  evidence,  burden  of  as  to  loyalty 206 

property,  captured  and  abandoned 203 

rebellion,  claims  for  supplies  furnished  for  suppression  of 208 

record,  cost  of  printing  to  be  taxed,  etc 208 

reports,  continuation  of 209 

retired  officers  not  to  act  as  counsel 202 

set-off  judgments  for 204 

set-offs  of  United  States 203 

suits  pending  in  Court  of  Claims 202 

supplies,  claims  for,  etc 208 

testimonies  of  parties  in  interest 209 

trial,  new,  on  motion  of  claimant 207 

Conrts-martial , ..  15-17 

Custodians,  failure  to  safely  keep  money 218 

Day,  Decoration,  and  other  holidays 191 

Debts  due  by  or  to  the  United  States 211,212 

balance,  how  paid 212 

compromise 211 

denial  of  debt,  proceedings 212 

discharge,  when  to  be  executed 212 

executors,  liability  of 211 

judgments,  etc.,  amount  to  be  withheld 212 

priority,  established 211 

purchase  on  execution 212 

sureties,  priority  of 211 

Decisions  of  Federal  courts  construing  statutes  relating  to  Navy,  etc 454 

Decorations,  acceptance  of,  etc 25 

Department  publications 237 

Department,  Navy 172-22!) 

Marine  Corps  office  in 142 

War  and  Navy,  legal  advice  to 178 

Department  of  Justice 178 

Department  regulations 189-193 

acts  of  Congress,  various 193 

biennial  lists  of  employees,  etc 193 

chief  duty  of,  on  receipt  of  report 192 

clerks,  chief,  to  supervise  subordinate  clerks 192 

disbursing 192 

employed,  report  of 193 

Decoration  Day  a  holiday  in  District  of  Columbia 192 

employees  per  diem,  to  be  paid  for  certain  holidays 191 

holidays  in  District  of  Columbia 190, 191 

Christmas 191 

Decoration  Day 191 

February  22 191 

Fourth  of  July 191 

Inauguration  Day 191 

Monday,  when  either  falls  on  Sunday 191 

New  Year's  Day 191 

Thanksgiving .' 191 

legal,  when  falling  on  Sunday 191 

hours  may  be  extended  or  limited 190 

of  labor,  in  Executive  Departments 189 

of  labor,  seven,  in  departments 190 


INDEX.  549 

Page. 

Department  regulations,  Labor  Day  a  public  holiday 192 

leave,  annual  and  sick,  with  pay 190 

pay  to  stop  at  expiration  of 190 

sick,  extension  of,  with  pay 190 

regulations 189 

repeal „ .'.. 190 

report  of  clerks  employed 193 

reports,  time  of  submitting  annual 193 

Departments,  claims  referred  by 204 

Deserters  and  desertion 44-49 

avoiding  the  draft 46 

deserters,  harboring 45 

not  enlisted 44 

desertion  by  resignation 45-49 

in  time  of  peace 45 

in  time  of  war -. ....  45 

enlisting  deserters 13-45 

enticing  persons  to  desert 45-46 

harboring 11 

offenses  punishable  by  death 45 

officers  absent  without  leave 45 

dismissed,  etc 47,  48 

failing  in  examination 48 

pay  on  restoration 48 

rights  as  citizens  forfeited  for  desertion 45 

soldiers  and  sailors,  certain,  not  to  incur  forfeiture 46 

Destroyers,  torpedo  boat 531 

Dies... 224 

Diplomatic  and  consular  officers 297-300 

appointments,  accepting 297 

bribes,  etc 300 

correspondence,  certain,  forbidden 300 

certain,  prohibited 300 

death,  notification  of 298 

depositions 299 

decedent's  directions  to  be  followed 299 

decedents,  estates  of 297 

designations,  official,  definition  of 297 

estates  of  decedents 298 

function,  when  consular  officers  may  perform,  etc 299 

lists  and  returns  of  seamen,  etc 298 

oath,  evidence  of  taking 300 

penalty  for  foreign  certificate 300 

perjury,  pen alty  for 300 

powers 297 

presents,  not  to  be  accepted 300 

property,  false  certificate  of 299 

protests 298 

recommend,  not  to 300 

returns  of  seamen,  etc 298 

Diplomatic  service,  accepting  appointments  in 22 

Disbursing  officers  and  agents 213-220 

accounts  of 215-221 

current,  when  rendered,  etc 216 

delays  in  transmitting 216 

distinct,  required 217 

failure  of  officer  to  render 219 

advances  of  public  moneys  prohibited 217 

to  persons  on  distant  stations 214 

annual  report  of  delinquencies 217 

bond  of  special  agents 214 

bonds,  liability  not  affected 220 

official,  to  be  examined 220 

postal,  not  affected 220 

renewal  waived,  when 220 

to  be  renewed 220 

to  continue  until  appointment  of  successor 220 

current  accounts,  when  rendered,  etc 216 

custodians,  failure  to  safely  keep  money,  etc 218 


550  INDEX. 

Page. 

Disbursing  officers  and  agents,  delays  in  transmitting  accounts,  etc 216 

delinquencies,  annual  report  of 217 

delinquency,  requisitions  may  be  disapproved  on 216 

delinquents  for  public  money 213 

deposit,  failure  to,  etc 219 

of  money,  penalty  for  failure  to  make 215 

disbursements,  by  order  of  commanding  officer 213 

on  foreign  stations 214 

duty  of 215 

embezzlement,  record  evidence  of 219 

evidence  of  conversion 219 

prima  facie 219 

examination,  where  not  administrative 217 

extension  of  time,  etc.,  repealed 217 

extortion,  officer  guilty  of 218 

forbidden  to  trade  in  public  funds,  etc 214 

foreign  stations,  disbursements  on 214 

,1  udgment  at  return  term,  etc 213 

loans  to  officers  by  paymasters 213 

officer,  failure  of,  to  render  accounts 219 

guilty  of  extortion 218 

officers,  duties  of,  as  custodians r 217 

in  arrears 214 

penalty  for  failure  to  deposit  money,  etc 215 

prompt  return  required 216 

provision,  bow  applied 219 

public  moneys,  advance  of,  prohibited 217 

receipts  for  larger  sums  than  are  paid 218 

requisitions,  when  disapproved 216 

returns,  prompt,  required 216 

suits  to  recover  money,  etc.,  regulated 217 

titleof ". 180 

trade  forbidden  in  public  funds,  etc 214 

unlawful  deposit,  converting,  loaning,  etc.,  of  money 218 

Dismissal  of  officers 10 

Disobedience  of  orders 

Documents,  public 235 

Drafts 25,173,220 

Dry  docks 529 

board  to  be  appointed 530 

contracts  for  construction  of 530 

construction  of 529 

employment  of  experts 530 

steel  floating  dock 529-530 

Embezzlement,  record  evidence  of 219 

pension  money* 383 

Emergency  fund 534 

Employees,  departmental 182 

Enlistments 128 

Engineer  Corps 50-54 

active  list 51 

appointments  in 51 

apportionment  of 51 

Army  and  Navy,  maximum  of  detail,  etc 54 

assistant  engineers 52 

chief  engineers 52 

chief  of  bureau  of 50 

engineer  officers,  detail  of 53 

fleet,  pay  of,  etc 51 

engineers  for  colleges,  detail  of 53 

graduated  at  academy 51 

lieutenant  of  junior  grade 50, 51 

military  command 51 

number  of  officers  and  rank ] ] 50 

officers  of  Army  and  Navy,  detail  of,  etc 53 

none  reduced  or  dropped 50 

ordnance  stores,  etc 53 

passed  assistant  engineers,  etc !"ILI!i".  III!! ".!!.!! 52 


INDEX.  551 

Page. 

Engineer  Corps,  pay  of  ileet  engineers 52 

qualifications 51 

rank  and  precedence 51 

of  chief  of  bureau 51 

retired  officers  assigned  to  colleges,  etc 53-54 

when  to  be 51 

Engineers,  civil 26, 27 

Envelopes 409 

Estimates 170,173 

Executive  Departments,  civil  service  in 180 

Expatriation 301 

citizens,  release  of,  imprisoned  by  foreign  Governments 301 

protection  to  naturalized 301 

rights  declared 301 

Extradition 4 301-305 

agent,  penalty  for  opposing 303 

penalty  for  resisting 304 

powers  of,  etc 303 

evidence  on  hearing 302 

fugitives  from  the  justice  of  a  foreign  country 301 

from  justice  of  a  State  or  Territory 303 

fugitive,  surrender  of 1 302 

prisoners,  allowing  to  escape 305 

protection  of  accused 303 

provisions,  continuance  of,  limited • 303 

seamen,  deserting,  arrest  of 304 

Federal  courts,  decisions  of,  construing  statutes  relating  to  Navy,  etc 454 

Firemen  and  coal  heavers,  additional  pay  for 128 

Fish  Commissioner 305-307 

appointment  of 305 

assistant  fish  commissioner 305 

duties  of 305 

investigations  to  be  aided  by  Executive  Departments 306 

powers  of 306 

revenue  marine,  details  from 305 

salary 305 

seal  life  on  Pribilof  Island,  investigation  of 306 

seals,  cooperation  of  other  powers  in  protecting 306 

fur  in  Bering  Sea 306 

penalties  for  infractions  of  law,  etc 306 

regulations  by  President  relating  to 307 

violations  of  treaties  relating  to 307 

Flags  and  standards 307 

captured 307 

stars  to  be  added  for  every  new  State 307 

stripes,  number  of 307 

Fleet  surgeons,  pay  of,  etc 68 

Florida  lands 433 

Forage,  fuel,  quarters 156-158 

allowance  of 157 

allowances  limited 156 

commutation,  rate  of 158 

discrimination,  none  east  of  Mississippi : 157 

forage,  etc 157 

fuel 157 

Marine  Corps,  no  commutation  of  forage  in 157 

officers,  quarters  for 157 

servants'  quarters,  no  allowance  for,  etc 158 

Foreign  coins 226 

commissions 351 

Forgery 12,307 

Forts,  lands  to  be  purchased  for 249 

Fraud,  forgery,  theft,  etc 307-311 

attorney,  fraudulent  power  of,  etc 309 

bail,  false 307 

bid,  bond,  etc.,  counterfeiting 310 

proposal,  etc 308 

certain  crimes  of . . .                                                             308 


552  INDEX. 

Page. 

Fraud,  forgery,  theft,  etc.,  claims,  false,  making  or  presenting 309 

conspiracy,  parties  to,  liable 310 

counterfeiting  bid,  bond,  etc 310 

deed,  power  of  attorney,  etc 308 

embezzling  arms,  stores,  etc 310 

deemed  felony,  penalty  for 311 

false  bail 307 

oaths,  when  administered  by  officers 307 

papers,  forged,  in  possession 308 

property,  personal,  robbery  or  larceny  of 310 

prize,  delaying  captor,  etc 310 

stolen,  knowingly  receiving,  penalty  for 311 

stealing 307 

stocks,  public,  false  personation  of  holder 309 

trial,  may  be  before  or  after  conviction 311 

Freedom  of  elections 23 

Funeral  expenses 22 

Furloughing  officers 22 

Fuel,  forage,  quarters 156-158 

Fugitives,  returning 13 

Fugitives  from  justice 301-303 

Funds,  contingent 209 

pension 379 

Government,  attorneys  and  agents  of 179 

Government«of  the  Navy,  articles  for 7 

Graduates,  Naval  Academy 75 

Grounds,  public 249 

Guano  islands 311-313 

abandoned  islands,  right  to .• 313 

claim  of  United  States  to 311 

discoverer,  completion  of  proof  in  case  of  death  of 312 

exclusive  privileges  of 312 

discovery,  notice  of 312 

proofs  to  be  furnished 312 

exportation,  restrictions  upon 312 

forces,  employment  of  land  and  naval 313 

jurisdiction,  criminal 313 

regulation  of  trade 312 

Gunners,  pay  of 93 

Habeas  corpus 313-316 

allowance  of  writ 314 

amendments 214 

appeals,  how  taken 315 

to  be  taken  in  six  months 316 

to  circuit  court 315 

to  Supreme  Court 315 

application  for  writ 314 

body  of  party  to  be  produced 314 

counter  allegations 314 

courts,  power  of,  to  issue  writs  of 313 

direction  of  writ 314 

disposition  of  party 314 

hearing,  day  for 314 

summary 314 

iudges,  power  of,  to  grant  writs  of 313 

law  of  nations,  in  cases  involving,  etc 314 

return,  denial  of, 314 

form  of 314 

time  of 314 

State  authorities,  action  by,  void,  etc 315 

when  prisoner  is  in  jail 313 

Hartford,  authority  to  cause  necessary  repairs  of 527-528 

Holidays 190-191 

Home,  National,  for  Volunteer  Soldiers  and  Sailors 57-58 

Homesteads 316-319 

agents,  who  may  enter  by 319 

amount  entered,  limitation  of 317 

debts,  prior,  lauds  not  to  be  subject  to 317 


INDEX.  553 

Page. 

Homesteads,  entries,  who  may  make 316 

entry,  if  forfeited  unavoidably,  settler  may  return 317 

may  be  commuted,  etc 318 

may  be  made  notwithstanding  former  imperfected  entry 317 

private,  none  subject  to,  except  in  Missouri 317 

military  and  naval  service,  deduction  from  time 319-534 

equivalent  to  residence,  etc 319 

minors,  etc 318 

owner  of  over  160  acres  to  acquire  no  rights 316 

patent  not  to  issue  without  residence 318 

preemption  settlers,  when  may  change  to  entry 317 

public  lands 317 

settler  may  enter  if  former  entry  unavoidably  forfeited 317 

settlers,  quarter  sections,  etc 317 

quarter  sections,  etc 318 

soldiers  and  sailors'  homesteads 318 

certificates  not  affected 318 

Homestead  settlers  who  enter  military  or  naval  service 534 

protection  of 534 

Hospital,  Navy ;  Government,  insane  of 56-67 

Hospital  corps 535 

ambulance  service 535 

enlisted  men  in  navy  and  marine  corps  eligible  for  transfer  to 535 

establishment  of 535 

stewards,  pay  of / 535 

Hospital,  naval 527 

pensions  of  inmates  to  be  paid  to  Secretary  of  Navy 527 

Hospitals,  asylums,  etc 54-56 

allowance  of  rations,  etc 55 

from  pension 55 

appropriation  of  fines 55 

army  and  navy  hospital  at  Hot  Springs,  Ark 55 

army  appropriation  act 55 

closing  of  hospitals 55 

hospital  tax  abolished,  etc 55 

marine  hospital,  expenses,  etc 55 

naval  asylum,  location,  government,  etc 55 

hospitals,  superintendence  of 54 

navy  hospitals,  purchase,  etc 55 

Hydrographic  Office 61-62 

charts,  cost  price 62 

foreign  hydrographic  surveys 62 

maps,  charts,  etc 61 

money  received  from  sales,  etc 62 

sales,  proceeds,  etc 62 

Immigration  laws  extended 350 

Importations,  etc 11-320 

vessels,  public,  importing  in 320 

public,  need  not  enter 320 

Imprisonment  in  a  penitentiary 9 

Insane,  admission  of,  to  Navy  Government  Hospital 56-57 

limit  to 57 

Government  hospital  for 57 

transfer  of  insane  convicts 57 

Inspectors 327 

Insurrection 448 

International  convention 355 

Islands,  guano 311 

Judge- Advocate-General... 142,230 

rank  of Ill 

Jurors  and  witnesses,  list  of 449 

Kidnaping 440 

Lands,  timber 432 

Laws,  pension,  now  in  force 385 

relating  to  Navy,  etc.,  construction  of . . .           454 

Legal  tender 224 

Liabilities,  outstanding 220 

Lieutenants,  pay  of 90 


554  INDEX. 

Page. 

Light-House  Board  and  lights  and  buoys 320-321 

chairman  of 320 

color  of  buoys 321 

compensation  of  officers,  restriction  upon 321 

contracts,  officers  not  to  be  interested  in 321 

districts 320 

additional 321 

jurisdiction  of  board  extended 

officers,  compensation,  restriction  upon 321 

not  to  be  interested  in  contracts 321 

organization  of 

persons  over  45  permitted  to  serve,  etc 

president  of 

Lights  and  buoys 320 

rules  concerning 276-293 

Limbs,  artificial,  trusses,  appliances 58-60 

Line  officers  of  the  Navy 62-65 

active  list,  number  on 63 

admiral  to  cease 63 

'    aid  or  executive  officer 64 

army  and  navy  officer  may  wear,  etc 0". 

commanding  officers  of  vessel,  etc 64 

grades  of  line  officers 62 

graduates  of  Naval  Academy  to  be  commissioned,  etc 62 

lieutenant  commanders,  how  assignable 64 

of  the  junior  grade 64 

rank 64 

rear-admirals,  promotion  of,  during  peace 

rear-admirals,  selection  of,  during  war 63 

relative  rank  as  chief  of  bureau 65 

rule  of  promotion 63 

secretaries  of  admiral  and  vice-admiral,  etc 64 

squadrons,  command  of 64 

staff  officers,  rights  of 64 

titles  of  master-midshipmen  changed 63 

vice-admiral  to  cease 63 

when  exceeded 63 

Loans  to  officers  by  paymasters 213 

Lost  vessels  and  clothing,  accounts  of 166 

Maiming 343 

Mail  matter 406 

Maine  disaster 525 

claims  for  relief  to  be  presented  within  two  years 526 

crew,  relief  of 525 

officers,  relief  of 525 

relatives  of  sufferers,  relief  of 525,  526 

relief  of  sufferers  by 525 

remains  may  be  removed  to  United  States 526 

Manslaughter 343 

Maps,  etc 61 

Marine  Corps 140-151 

additional  force  for 529 

band,  marine 150 

board,  powers  and  duties  of 147 

brevets 143 

commandant  of 141 

rank  and  pay  of 112,142 

repeal  of  law  fixing  rank 141 

command,  when  different  corps  happen  to  join 140 

companies  and  detachments 144 

desertion  by  resignation 146 

disability,  retirement  for 147 

discipline,  regulations  for 145 

drum-major,  pay  of 150 

duty  on  shore 145 

enlisted  marines,  rations 150 

men,  oath  for 144 

rations  of 150 

enlistments..,  144 


INDEX.  555 

Page. 

Marine  Corps,  examining  boards,  how  organized 145 

forage,  no  commutation  of 157 

gallantry,  promotion  for 144 

hearing,  officers  entitled  to 148 

Judge-Advocate-General 142 

pay  of 142 

landsmen,  marines  as 145 

laws  and  regulations  to  which  subject , 145 

longevity  pay,  Navy 147 

marine  band 150 

mileage 149 

mileage  to  officers  without  troops , 150 

naval  cadets 142 

naval  officers  may  be  detailed,  when ^ 146 

Navy  Department,  office  in 142 

longevity  pay 147 

number  of 141 

when  may  be  increased,  etc 141 

oath  for  enlisted  men 144 

office  in  Navy  Department „ 142 

officers  associated  with  army  officers  on  courts 140 

entitled  to  a  hearing 148 

President  authorized  to  appoint 528 

rations  to 150 

without  troops,  mileage  to 150 

organization  of 140 

pay  of  Judge-Advocate-General 142 

rations  and  mileage 149 

precedence  in .- 142 

previous  service,  benefit  of,  etc 150 

post  traders 145 

vacancies  not  to  be  filled 145 

promotions  for  gallantry 144 

to  be  as  in  Army 145 

when  grade  is  full 143 

when,  may  increase  number 141 

rank  and  pay  of  commandant ^ 142 

rations 149 

enlisted  marines 150 

of  enlisted  men 150 

to  detachments  with  Army 140 

regulations  and  laws,  etc -. 145 

resignation,  desertion  by 146 

retired  officers,  liabilities  of 148 

pay  of 148 

rank  of 148 

rank  and  pay  under  certain  conditions 148 

rights  of 148 

status  of 148 

retirement 146 

after  40  years'  service  on  own  application 147 

after  45  years 147 

compulsory  at  64  years  of  age 147 

for  disability 147 

on  own  application 146 

when  62 147 

service  on  armed  vessels 144 

shore,  duty  on 145 

stan0 141 

rank 142 

supplies  to  detachments  of 140 

traders,  deceased,  closing  business  of 145 

post 145 

post,  vacancies,  not  to  be  filled 145 

transfer  from  military  to  naval  service 141 

volunteer  service,  credit  for 142 

yards  or  vessels,  not  to  command 145 

Marines,  reimbursement  of  for  losses  by  fire 527 

Masters,  pay  of 90 


556  INDEX. 

Page. 

Materials,  sale  of 257 

Mates 65 

pay  of 

Mathematics,  professors  of 102-103 

Measures 224 

Medals  of  honor,  Secretary  of  Navy  authorized  to  issue 528 

Medals,  where  to  be  struck 229 

Medical  attendauce 22 

Medical  Corps 65-69 

acting  assistant  surgeons 67 

appointment  in,  how  made ........ .. 66 

of  assistant  surgeons 66 

of  surgeons - 

assistant  surgeons 68 

qualified  for  promotion 68 

rank  of,  etc 66 

chief  of  bureau 65 

rank  and  title 67 

retired  from  position  of 67 

examinations  temporarily  postponed 66 

exemptions 

fleet  surgeons,  pay  of 

lieutenant  of  junior  grade 67 

medical  directors  and  inspectors 

officers,  relative  rank 67 

officer  to  bureau,  etc.,  detail  of 67 

number  of 66 

passed  assistant  surgeons 68 

to  be  commissioned • 

promotion  on  examination 66 

rank  of 109 

retired  for  age,  etc 67 

surgeon  of  fleet 67 

duties'of 67 

surgeons 68 

specially  appointed,  etc 68,69 

Merchant  vessels  and  service  yachts 322-343 

abandonment  of  officer  or  marine  in  foreign  port,  etc 333 

agreement,  penalty  for  shipping  without 

posting 324 

attempt  to  destroy  vessels  at  sea 341 

barratry  by  owner,  de-fined  and  punished 

not  by  owner,  defined  and  punished 341 

bonds  in  force  343 

not  required  for  yachts 342 

certificate,  penalty  for  not  delivering 336 

registry,  when  to  be  given  up 336 

charges,  refusal  to  pay,  penalty,  etc 328 

citizens,  vessels  owned  by  nonresidents 334 

vessels  owned  by  nonresident,  naturali/ed 335 

clothing  exempt  from  attachment 324 

clubs,  foreign  yacht,  yachts  belonging  to 343 

commanded  by  whom 333 

commission  to  yachts 343 

complaint,  false,  forfeiture  for 329 

permission  to  enter 329 

conspiracy  to  cast  away  vessel 341 

consular  fees,  copy  of  rates  of,  to  be  annexed,  etc 338 

conveyance  of  bullion,  coin,  etc 338 

crew,  list  of,  rules  as  to 340 

list  of,  to  be  delivered  to  collector 339 

list  of,  to  be  examined,  etc 339 

crews,  shipping,  for  coastwise  trade,  etc 323 

crimes  at  sea 341 

cruisers,  payment  when  taken  as 335 

deserters,  reclamation  and  discharge,  etc 332 

entry  of  yachts 343 

flag,'  foreign,  American  vessels  taking 335 

foreign-built,  registers  granted  4o 334 

forcriuir.  etc . .  341 


INDEX.  557 

Page. 

Merchant  vessels  and  service  yachts,  impressment,  protest  upon 332 

inspection,  no  additional 335 

payment  of  charges  for 328 

inspectors,  appointment  of,  etc 327 

report  of 328 

letters,  sea,  making  or  using,  etc 337 

license  of  yachts ,. 342 

marking  of  vessels 337 

measurement 335 

name,  change  of,  registered  vessel 337 

names  for  vessels 337 

numbers  for  vessels 337 

obligation,  limit  of 330 

officers  of  vessels  to  be  citizens,  etc 333 

omissions 324 

owners,  American,  to  obtain  title 334 

ownership 334 

passport,  penalty  for  departure  without 338 

passports  of  United  States  vessels,  etc 338 

of  unregistered  vessels 339 

payments  in  advance  prohibited 330 

penalty 337,343 

for  shipping  seamen  without  articles : . .  325 

for  shipping  without  agreement 324 

for  violation  of  law 325 

piracy 341 

privileges,  vessels  to  enjoy,  etc 335 

provisions,  examination  of 328 

register,  what  vessels  entitled 334 

registry,  penalty  for  fraudulent 337 

relationship,  false  claim  of,  penalty  for 330 

retroactive,  not 341 

sale,  failure  to  report,  to  foreigners 336 

seamen 322 

additional  pay  when  unable  to  do  duty 330 

deceased,  effects  of 325 

deceased,  effects  of,  duties  of  consular  officers  regarding 327 

deceased,  effects  of,  penalty  for  neglect  regarding 326 

deceased,  effects  of,  proceedings  regarding 326 

destitute,  additional  allowance  for  transportation 331 

destitute,  refusal  by  master  to  receive 330 

destitute,  to  be  transported  to  United  States,  etc 0 . . .  330 

discharge  of,  and  payment  of  wages 331 

lost,  may  be  replaced 325 

merchant,  shipment  of 323 

return  of 328 

shipping  in  foreign  ports 325 

shipment,  how  regarded 324 

shipping  articles,  rules  for 322 

ship's  papers,  deposit  of  with  consul 339 

papers,  penalty  for  failure  to  deposit 339 

signals  of  yachts 343 

speed 334 

steamships 334 

record  of  transfer 334 

stranded  vessels,  on  foreign  coasts 338 

time  limit 337 

tonnage 334 

minimum , 334 

vessels 322 

foreign 331 

in  coastwise  trade,  etc 323 

of  the  United  States 333 

unseaworthiness  of,  etc 328 

whaling,  exemption  of 330 

wages,  extra,  disposal  of 330 

penalty  for  neglect  to  collect 331 

upon  discharge  in  case  of  sale 331 

when  voyage  is  long,  etc 332 

na.vfl.hl A  in    trnlrl  327 


558  INDEX. 

Page. 

Merchant  vessels  and  service  yachts,  wrecked  vessels 336 

plundering,  etc 340 

yachts 342 

Metric  system,  use  of,  authorized 228 

Mexican  war,  pensions 392 

Mileage,  pay,  etc 153-156 

additional  pay 154 

captivity,  during 155 

certificate  of  merit 155 

computation  of  mileage 154 

duty,  extra 155 

enlisted  men,  pay  of 154 

Marine  Corps 149 

merit,  certificate  of 155 

Mexican  war,  noncommissioned  officers  of 155 

reenlistment 155 

pay 154 

service  pay  of  men  already  in  service 155 

soldier's  pay  not  assignable 156 

travel  pay  to  officers 156 

to  soldiers 156 

Militia,  District  of  Columbia 532 

company,  composition  of 532 

duty  of  battalion,  etc 532 

officers  of  battalion 532 

provisions  of  law  for 532 

Miscellaneous  provisions  . 21-25 

bribes,  presents,  etc 25 

civil  rights,  depriving  citizens  of 23 

consular  powers 21 

copy  to  be  furnished  to  officers 22 

decorations,  acceptance  of 25 

diplomatic  service,  accepting  appointments  in 22 

disqualification  for  holding  office 24 

draft,  exemption  from 25 

employment  on  shore  duty 25 

freedom  of  elections,  interference  with 23 

funeral  expenses 22 

furloughing  officers - 22 

medicines  and  medical  attendance 22 

Navy  and  Marine  Corps 25 

oaths  may  be  administered  to  certain  officers 25 

officers  of  election,  interference  with 24 

pensions. 25 

qualifications  of  voters,  officers  prescribing 24 

regulations 22 

sea  service 22 

service,  previous,  benefit  to  officers  reappointed 24 

regular  and  volunteer,  created  for 24 

Territories,  voting  and  holding  office  in 23 

troops,  armed,  bringing,  to  places  of  elections 23 

unlawful  presence  at  elections 23 

voters,  intimidation  of 24 

wages  for  naval  service 25 

Misprision  of  treason 451 

Money  orders 410-411 

Murder,  manslaughter,  maiming,  mutiny,  etc 9,  343-347 

assault  with  a  dangerous  weapon.. 345 

body,  delivery  of,  for  dissection,  etc 344 

ceded  territory,  offenses  committed  in,  how  punished 346 

clergy,  benefit  of 344 

conviction  not  to  work  corruption  of  blood,  etc 344 

maltreatment  of  crew  by  officers,  etc 345 

manslaughter 344 

or  murder,  attempt  to  commit 345 

punishment  of 345 

when  officers  are  guilty  of 345 

misprision  of  felony 346 


INDEX.  559 

Page. 

Murder,  manslaughter,  maiming,  mutiny,  etc.,  murder 344 

mutiny  and  revolt  on  shipboard 346 

in  Navy 346 

on  shipboard,  inciting 346 

pardoning  power 344 

punishment  of  death  by  hanging 344 

rape 343 

State  courts,  jurisdiction  of 344 

whipping  and  the  pillory  abolished » 344 

Mutiny , 10,343 

Naturalization;  citizenship 347-351 

alien  enemies  not  admitted 348 

aliens,  exclusion  of 350 

how  naturalized 347 

servi  ng  in  Navy  or  Marine  Corps,  naturalization  of 348 

character,  good,  moral 347 

children  born  abroad,  citizenship  of 349 

of  naturalized  persons  to  be  citizens,  etc 348 

Chinese  excepted 349 

commissioners  of  immigration,  how  appointed 351 

convicts,  immigration  of,  forbidden 350 

desertion,  rights  of  citizenship  forfeited  for 349 

executive  decision  final 350 

head  money  increased 350 

immigration  laws  extended,  etc 350 

receipts  to  be  covered  into  Treasury 350 

intention,  declaration  of 347 

minor  residents 348 

oath  to  support  the  Constitution 347 

residence  in  the  United  States 347 

of  five  years  in  the  United  States 348 

rights  as  citizens  forfeited  for  desertion 349 

seamen,  naturalization  of 345 

soldiers  and  sailors  not  to  incur  forfeitures,  etc 350 

titles  of  nobility  to  be  renounced 347 

who  are  citizens 349 

widow  and  children  of  declarants _  348 

women,  married,  citizenship  of 349 

National  cemeteries 60-61 

National  Home  for  Volunteer  Soldiers  and  Sailors 57-58 

pensions  of  inmates  of  homes,  etc 58 

persons  entitled  to  admission 57 

Nautical  Almanac 69 

superintendent,  pay  of 69 

Naval  Academy ;  Naval  cadets 70-77 

academic  course  in 74 

age  of  admission ,  etc 73 

appointees  to  rank,  how _  74 

appointment,  how  made 72 

appointments  from  divisions 70 

reduction  of 71 

appropriation  available 73 

appropriations,  how  applied 73 

assistant  engineer,  vacancies  how  filled 74 

board  of  visitors 77 

cadet  dismissed  if  found  guilty 76 

engineers,  not  to  be  appointed 75 

midshipmen,  deficient,  etc 73 

midshipmen,  pay  of : 76 

cadets,  appointment  of >  72 

of  first  class,  assigned,  etc 70 

candidates,  examination  of 73 

from  District  of  Columbia,  etc 72 

constructors 75 

courts-martial  for  cadets 77 

court-martial  for  offenders 76 

engineer  division 70 

engineers,  steam 75 


560  INDEX. 

Page. 

Naval  Academy ;  Naval  cadets,  ensign,  vacancies  how  filled 74 

grade  of  junior  ensigns 74 

graduates,  Naval  Academy,  pay,  etc 75 

of  Naval  Academy  to  be  ensigns 74 

rank  of 70 

hazing  at  Academy. - 76 

ineligible  to  reappointment 76 

laws 73 

line  and  marine  coups  division,  etc 70 

midshipmen,  promotion  to 74 

Naval  Academy 72 

Academy,  notice  of  vacancy  in 72 

cadets,  name,  etc 71 

pay  of 76 

nominations,  how  made 72 

number  of 72 

offenders  to  be  court-martialed 76 

pay  of  cadet  midshipmen 76 

naval  cadets 76 

professors,  etc 76 

qualifications 73 

rations 76 

recommendation,  second , 73 

special  course  of  study,  etc 75 

storekeeper  at  Academy 75 

studies  not  to  be  pursued  on  Sunday 75 

vacancies,  how  filled 71,74 

voluntary  discharge  of  cadets,  when  made 75 

where  established 70 

Naval  cadets 70-77 

constructors,  assistant 77-78 

Naval  force,  auxiliary 533 

authorized  to  be  established 532 

chief  of  force 533 

division  of 533 

enlistment 533 

naval  militia  may  be  mustered  in 533 

pay  from  "Pay  of  the  Navy" 533 

pay  of  officers  and  men 533 

Naval  observatory 79 

duties  of  professors ""        79 

meridians 79 

pay  of  superintendent 79 

Naval  storekeepers 79-80 

bonds  of 80 

officers  to  act  as  storekeepers 1        79 

pay  of  civilians,  storekeepers  on  foreign  staticms 80 

officers  acting  as  storekeepers 80 

storekeeper  at  Academy 80 

storekeepers  at  navy-yards 79 

bond 79 

officers  to  act  as 79 

on  foreign  stations 79 

Naval  stores,  sale  of 260 

Naval  supplies,  admission  free  of  duty 526 

Navy,  articles  for  the  government  of 7 

Assistant  Secretary  of 230 

claims  for  sea  pay 163 

Government  Hospital,  insane  of. . .' 56-57 

line  officers  of .  62-65 

pensions '.'.'.'.'.'.'.'.'.'.'.'.      396 

promotion  and  advancement  in 103-107 

seamen  in "  123-130 

vessels  of 130-136 

Navy  Department,  establishment  of 229-235 

appointment  clerk  in 234 

of  chiefs  of  bureaus 231 

of  judge-advocate-general 230 


INDEX.  561 

Page. 

Navy  Department,  appropriations 231 

Assistant  Chief  of  Bureau  of  Navigation,  etc 232 

messengers,  pay  of 235 

secretary 230 

books,  custody  of 231 

Bureau  of  Medicine  and  Surgery,  assistant  to 233 

medicine  and  surgery,  tests 232 

navigation,  etc 232 

provisions  and  clothing,  title  changed 232-234 

supplies  and  accounts,  etc 232 

bureaus  229 

chiefs  of,  exempted  from  sea  duty 234 

establishment  of 231 

chiefs  of  bureaus,  appointment  of 231 

exempted  from  sea  duty 234 

pay  of 234 

rank  and  title  of 234 

rank  of,  retired 234 

civil  service 232 

clerical  force 234 

commissions  of  all  officers 231 

seal,  etc 231 

commodore,  when  below  rank  of 234 

contingent  fund 233 

contracts 231 

equipment  of  vessels 231 

establishment  of  Navy  Department 229 

expenditures,  Secretary  of  Navy  to  report 233 

expenses  of  Navy,  tabular  statement  of 233 

Judge- Advocate-General,  appointment  of 230 

pay  of 230 

messengers,  assistant,  pay  of 235 

naval  service,  tabular  statements  of  receipts,  etc 233 

stores,  procurement  of 231 

Navy,  Assistant  Secretary,  appointment  of 230 

pay  of  assistant  messengers 235 

chiefs  of  bureaus 234 

rank  of  chiefs  of  bureaus,  retired 234 

when  below  that  of  commodore 234 

receipts  and  expenditures,  tabular  statement  of 233 

records,  custody  of 231 

of  bureaus,  custody  of 231 

reports  to  Congress  by  Secretary 232 

sea  duty,  chiefs  of  bureaus  exempted  from 234 

Secretary  of,  authorized 229 

State,  War,  and  Navy  building 234 

superintendent 235 

superintendent's  office 235 

supervision 235 

Navy,  vessels  for 530 

additional  force  for 529 

appropriation 532 

armor  and  armament 531 

battle  ships,  three 530 

construction  and  machinery 531 

electric  plants 532 

equipment 532 

gunboat,  one 530 

harbor-defense  vessels,  four 530 

names 532 

plans  and  drawings 531 

steel  material  to  be  of  home  manufacture 531 

torpedo-boat  destroyers,  sixteen 530 

torpedo  boats,  twelve 530 

Navy  yards  and  stations 80-84 

arson  of  armory,  arsenal,  etc 83 

civil  engineers  and  storekeepers  at  navy-yards 81 

officers,  discontinuance  of 81 

376 36 


562  INDEX. 

Page. 

Navy  yards  and  stations,  commandants,  selection  of 81 

consolidation  of  torpedo  station  and  naval  war  college 

contracts,  existing,  not  affected 83 

contributions,  political 

day's  labor  eight  hours 

eight-hour  laws,  prior 

existing  contracts  not  affected 83 

fuel... 82 

hours  of  labor 

limited,  etc 

labor,  hours  of 

laborers,  selection  of 

land  to  be  purchased,  etc.,  title  to 

master  workmen,  selection  of 81 

prohibition  on  increase  of  force 83 

punishment  for  violation,  etc 82 

purchase  of  land,  restriction  on •-  -  -  -  82 

rate  of  wages 

salaries,  etc 81 

title  to  land  to  be  purchased,  etc 

wages,  rate  of 

Neutrality,  alien  enemies,  etc 351-360 

ambulance,  definition  of  term 356 

ambulances,  rights  of  employees  in 356 

amelioration  of  wounded 355 

arm  badge 356 

armed  vessels  to  give  bond  on  clearance - 353 

arming  vessels  against  people  at  peace,  etc 351 

to  cruise  against  citizens  of  the  United  States 352 

belligerents,  right  of 358 

right  of,  to  suspend  convention 359 

rights  of,  to  control  and  visit  vessels 358 

wounded,  etc.,  aid  to 358 

charges  for  quartering  of  troops,  etc 356 

collectors  of  customs,  detention  by 353 

enforcement  of  provisions 352 

evacuations  to  have  absolute  neutrality 356 

execution  of  details  of  convention 356 

flag  and  arm  badge  to  bear  red  cross 356 

for  hospitals,  ambulances,  etc 356 

sign  of  neutrality 358 

white,  with  red  cross 350 

foreign  commissions,  accepting 351 

service,  enlisting  in 351 

vessels,  compelling  to  depart 353 

vessels  of  war,  augmenting  force 352 

hospital  ships,  captured,  to  be  under  martial  law 357 

treated  as  neutral , 358 

hospitals  and  ambulances,  etc 355 

employees  protected,  etc 355 

respected  as  neutrals 355 

to  take  away  private  property  only 355 

military,  painted  white 358 

rights  of  employees  in 356 

international  convention 355 

marine,  articles  concerning 357 

marshal,  duties  of,  in  removing  alien  enemies 360 

merchant  ship,  cargo  protected  when 358 

vessels  performing  hospital  duty,  neutral 357 

military  expeditions  against  people  at  peace,  etc 352 

neutrals,  salary,  etc.,  when  in  enemy's  hands 356 

notice  of  suspension,  etc.,  of  convention,  to  be  given 359 

removal  of  alien  enemies 359 

time  for 359 

return,  conditions  of 356 

shipwrecked,  or  wounded,  etc.,  boats  picking  up 357 

soldiers  incapacitated  for  service  to  be  sent  home 356 

sick  or  wounded,  to  be  cared  for 355 


INDEX.  563 

Tajie. 

Neutrality,  alien  enemies,  etc.,  staff  officers,  duties  of 357 

religious,  etc.,  of  a  captured  vessel,  declared  neutral 357 

pay  and  allowance  of ' 357 

title,  construction  of 350 

United  States  court,  j  urisdictiou  of,  over  alien  enemies 364 

wounded  and  wrecked,  picked  up,  can  not  be  reclaimed 359 

delivery  of 356 

exemptions  for  care  of 355 

houses  where  cared  for,  to  be  protected 355 

sick  and  wounded  sailors  when  embarked,  etc 358 

persons  serving,  to  remain  free 355 

to  be  returned  to  their  country,  conditions 356 

Oath  of  office 188-189 

administer,  who  may 188 

auditors  may  administer 165 

custody  of 189 

diplomatic  and  consular  officers,  evidence  of  taking 300 

duties,  existing,  not  affected 188 

fees,  none  to  be  charged 188 

form  of  official  oath 188 

oath  for  certain  persons 188 

of  members  and  judge- advocate 20 

to  be  administered  free  by  chief  clerk,  etc 189 

official  oath,  form  of 188 

penalties,  existing,  not  affected 188 

rights,  existing,  not  affected  i 188 

taking  oaths  or  acknowledgments 189 

to  certain  officers 25 

Observatory,  Naval 79 

Offenses  committed  on  shore 15 

punishable  by  death 45 

Officers,  accounting 159 

arrested,  duty  of 18 

dismissed  by  President,  etc 17 

Officers,  diplomatic  a'nd  consular 297 

Officers,  disbursing 213 

Officers,  pay  of 151 

Officers,  warrant 138-139 

Office,  tenure  of 194 

Orders,  neglect  of 10 

Passports,  etc 338-339 

Patents  and  patented  articles 360-361 

engines,  marine,  articles  connected  with 360 

fees,  patents  without,  etc 361 

inventions  patentable 360 

patents  for,  previously  patented  abroad 361 

monthly  volume  issued 240 

Pay  and  allowances '  89-101 

additional  allowances,  none 94 

pay,  etc ,..  96 

allowance  for  subsistence 98 

assignments  for  wages , 97 

assistant  engineers 92 

naval  constructors 93 

paymasters 92 

surgeons 92 

surgeons,  qualified  for  promotion 92 

boatswains 93 

bounty  extended  to  all  enlisted  men 96 

pay  for  reenlistment 96 

cadet  engineers 91 

cadet  midshipmen 91 

captains .' 90 

carpenters 93 

chaplains 

chief  engineers 92 

of  same  rank 91 

chiefs  of  bureaus..,                                                        , 95 


564  INDEX. 

Page. 

P;iy  and  .allowances,  civilians,  storekeepers,  etc 96 

civil  engineers % 

clerks  to  commandants,  etc 93 

to  inspectors 

to  paymasters 

commanders 

commodores 

crews  of  vessels  taken  by  an  enemy 97 

of  wrecked  or  lost  vessels 97 

delayed  examination,  in  case  of 95 

detention  beyond  term  of  enlistment 96 

directors  and  inspectors,  medical 

pay 

enlisted  men,  pay  of 96 

ensigns 91 

extra  pay,  extra  salaries,  etc 99-100 

apportionment  of  compensation,  etc 100 

double  salaries 

extra  allowances 99 

extra  compensation,  etc 100 

extra  compensation  to  civil  officers  prohibited 100 

extra  compensation  to  clerks  prohibited 

extra  pay,  Mexican  war 100 

extra  service 

holding  two  offices,  etc.,  forbidden. 99 

retired  officers  excepted  in  certain  cases 91 

fleet  officers 91 

furlough  and  furlough  pay 

furlough  pay 98 

placing  on  furlough 98 

.transfer  from  furlough  to  retired  pay 

furlough  pay - 94 

gunners 93 

honorable  discharges,  etc 

lieutenants 

lieutenant-commanders 90 

masters 90 

mates 91 

midshipman,  to  be  styled  ensign 

midshipmen 91 

naval  constructors 92 

navy 96,173 

grades  in 90 

officers  retired  on  furlough  pay 

serving  as  storekeepers,  etc 

passed  assistant  engineers 92 

paymasters - 

surgeons 92 

pay,  commencement  of,  etc 

paymaster,  person  acting  as 

paymasters 92 

accounts  to  be  allowed 96 

pay  not  increased 

not  increased  by  promotion 98 

of  enlisted  men 96 

of  promoted  officers,  commencement,  etc 

of  retired  officers 97 

on  active  duty 98 

professors  of  mathematics 

rear-admirals 90 

retired 97 

reenlistment 96 

retired  officers,  pay  of 97 

rear-admirals 97 

sailmakers 93 

shore  duty,  duration,  etc 94 

when  allowed,  etc 94 

surgeons 92 

suspension  of 19 


INDEX.  565 

# 

Page. 

Pay  and  allowances,  third  assistant  engineers,  retired 97 

traveling  expenses 100, 101 

allowance  to  officers,  etc 101 

clerks,  etc.,  sent  away  as  witnesses 101 

mileage  to.officers 101 

to  be  approved,  etc 101 

travel  abroad 101 

volunteer  service 94 

wages,  assignments  of 97 

warrant  officers 93 

Pay  corps '. 84-89 

appointments,  acting,  on  ships  at  sea 85 

how  made 84 

assistant  paymasters 88 

qnaliiications  of 84 

bond  not  affected  by  new  commission 86 

bonds 85 

new 85 

official  to  be  examined,  etc 85 

to  be  filed,  etc 85 

clerks  of  passed  assistant  and  assistant  paymasters 87 

when  allowed 87 

when  not  allowed  87 

commanding  officers  not  to  act  as  paymasters 87 

directors  and  inspectors,  pay 88 

fleet  paymasters,  pay  of 88 

liability  not  affected 86 

lieutenant  of  junior  grade 87 

loans  to  officers  by  paymasters 87 

number  of 84 

passed  assistant  paymaster 88 

pay  directors  and  inspectors 88 

paymaster,  person  acting  as,  etc 89 

paymasters 88 

of  fleet 85 

pay  of  fleet  paymasters 88 

persons  acting  as  paymaster,  etc 89 

rank 87 

storekeeper  at  Academy 88 

Pay,  mileage,  etc 153-156 

Paymasters,  assistant,  clerks  to,  etc 121-122 

Pay  of  offi  cers 151-152 

absence,  pay  during 152 

absent,  pay  when 152 

allowances 153 

brevets 152 

colonel's  pay,  maximum 152 

lieutenant-colonel's  pay,  maximum 152 

longevity  pay  and  retirement 152 

computation  of 152 

mileage,  etc 153 

monthly  payment 153 

rates  of 151 

service  pay 151 

Pension  funds 379-384 

artificial  limbs 384 

bribery  of  United  States  officer 384 

United  States  officer  accepting 383 

commanding  officers  to  enter  names,  etc 382 

embezzlement  of  pension  money  by  guardian 383 

entitled  persons,  pensions  to  be  paid  only  to 

false  claims,  making  or  presenting 382 

half-rating  to  disabled  persons,  etc 380 

journals,  transcript  of,  to  be  transmitted,  etc 382 

naval  pension  fund,  investment 173, 379 

rate  of  interest 380 

navy  pensions  payable  from  fund 

officers,  petty,  to  receive  same  as  enlisted  men 381 

penalties^  how  to  be  sued  for,  etc 379 


566  INDEX. 

• 

Paga 

Pension  funds,  penalty  for  retaining  discharge  papers,  etc 383 

prize  money,  etc 379 

ten  years'  service,  what  aid  received  after,  etc 380 

Treasury,  to  be  paid  into 381 

truss,  application  for : 384 

trusses 384 

trustee,  Secretary  of  Navy  to  be » 379,  381 

wounded,  etc.,  to  be  placed  on  pension  list 381 

Pension  laws  now  in  force - 385-399 

accrued  pensions,  how  and  to  whom  paid . 398 

active  or  retired  list 396 

alienage  to  be  no  bar 398 

arm,  increase  to  soldiers  or  sailors  who  have  lost,  etc 390 

loss  of,  above  elbow 390 

loss  of,  at  or  above  elbow 386 

loss  of  one 391 

loss  of,  pension  same  as  for  loss  of.  leg,  etc 391 

army  and  navy  pensions 396 

artificial  limb 396 

limbs  and  trusses 386,387 

attorney,  fee  of 395 

cadet  engineers,  etc 387 

ceases,  when 399 

certificate  of  discharge,  loss  of 393 

children,  insane  or  helpless 395 

commencement  of  pensions 388 

deafness 393 

death  presumed  from  absence 399 

dependent  parties 394 

desertion 397 

disabled,  totally • 394,397 

disability,  removal  of 387 

discharge,  honorable 394 

embez/lement  of  pension  money 396 

eyes,  loss  of  sight  of  both 387, 388 

false  oath  to  bo  deemed  perjury 393 

felony  for  persons  to  falsely  assume  to  be  officers 390 

feet,  loss  of  both 387,  388 

fine 396 

foot,  loss  of  one 391 

loss  of  one,  or  totally  disabled  in 387 

hand,  loss  of  one 391 

loss  of  one,  or  totally  disabled  in 387 

hands,  loss  of  both „ 387,388,394 

imprisonment 396 

incapacity,  etc 390 

increasing  pensions  of  totally  disabled  soldiers,  etc 385 

invalid,  service  ninety  days 394 

Jeanette,  survivors  of,  etc 392 

leg,  amputation  of,  at  hip  joint 389 

increase  to  soldiers  or  sailors  who  have  lost 390 

loss  of,  above  knee 390 

loss  of,  at  or  above  knee 386 

loss  of  one 391 

masters,  mates,  etc. ,  to  have  same  rights  as  soldiers 399 

Mexican  war,  pensions,  etc 392 

navy  pensions 396 

oaths 396 

by  United  States  officers 396 

chief  clerks  to  administer 396 

officers  in  Navy,  <M|ii:ilixing  pensions  of _ 387 

officers,  etc.,  certain  provisions  for 386 

passed  assistant  engineers,  etc 387 

penalties 390 

persons  ro(|iiirinix  frequent  and  periodical  aid,  etc .-  397 

political  disability 393 

rebellion,  pensions  to  persons  aiding,  in  certain  cases 397 

relatives,  dependent,  increase  to 391 

removal,  limitation  as  to  filing  application  for 397 

^etired  officer  not  to  draw  pension 396 


INDEX.  567 

Page. 

Pension  laws  now  in  force,  rules  and  regulations,  etc 393 

Soldiers'  Home,  National,  inmates  of 389 

soldiers  or  sailors  of  United  States 391 

special-act  pensions  equalized 385 

total  disability 389 

transfer  of  pensions,  etc.,  void 390 

transportation 386 

vouchers  executed 398 

widows  and  minors 395 

increase  to 391 

widow's  pension,  commencement  of 393 

withheld  or  suspended,  not  to  be,  without  notice 397 

withholding  pension  wrongfully 396 

Pensions 25,  362-378 

accrued  pension,  title  to,  etc 373 

acts,  special  and  general,  pensions  under 371 

ante-rebellion  pensions,  commencement  of 372 

arrears,  no  fee  due  attorney  for  making  application  for 370 

of  pensions 370, 371 

assistant  surgeon,  acting 1 363 

attachment,  pension  not  liable  to 378 

certificate  of  discharge,  loss  of 377 

children,  abandonment  of,  by  widow,  forfeits  pension 369 

legitimacy  of 368 

classes  enumerated 362 

colored  soldiers,  widows  entitled,  etc 368 

commencement  of  pensions ; 372 

declarations  and  affidavits  executed  under  former  acts 373 

declarations,  etc.,  before  whom  executed 372 

deserters,  certain  soldiers,  etc.,  not  to  be  deemed 378 

disabilities  specified  (table) 376 

disability  incurred  since  1868,  limitation 363 

not  provided  for,  pensions  for 367 

engineers  in  navy,  pensions  to,  etc 375 

enrolling  officer 364 

eyes,  pension  for  loss  of  sight  of 372 

foreign  countries,  papers  executed  in 372 

funds,  pension 364 

furlough,  sick,  etc 367 

increase,  commencement  of,  etc 366 

to  totally  helpless  soldiers,  etc 367 

Indians,  declarations  in  claims  of 373 

Indian  soldiers,  widows  entitled,  etc 368 

inmates  of  soldiers'  homes 58 

instructions,  to  be  furnished,  etc 378 

lieutenant-commanders'  pension 365 

loyalty  requisite 373 

master  serving  on  gunboat,  etc 363 

minors,  commencement  of  pension  to 369 

naval  pensions  to  widows  and  children 375 

officers  and  seamen,  pension  to,  etc 374 

of  Army  and  Navy  and  enlisted  men,  etc 362 

of  Army  and  Navy,  etc.,  whether  mustered 362 

of  sailors  and  marines,  when  inhabiting  hospital 527 

pension  and  pay,  both  not  allowed 

pension  office,  digest  of  laws 375 

proof  required... .* 377 

provisions  of  former  acts,  extended 370 

provost-marshal 363 

and  deputy,  etc „ 364 

rate  and  commencement,  etc 365,  366 

etc I 365 

for  deafness 366 

for  leg  amputated  at  hip -----  365,  366 

for  loss  of  both  eyes,  etc 366 

for  loss  of  both  hands,  etc 365 

for  loss  of  hand  and  foot 365,366 

for  total  helplessness,  etc 365,  366 

of  pension 376 

rates  for  total  d is abilty '.. 364 


568  INDEX. 

Page. 
Pensions,  rebellion,  pension  may  be  paid  to  person  aiding,  afterwards  disabled 

in  United  States  Navy 363 

reimbursement - 373 

relatives,  dependent,  succession  of,  etc 369 

remarriage 370 

repeal 

revenue  cutters,  officers  and  seamen,  pension  to 377 

Revolutionary  pension,  etc 

evidence  necessary 377 

sale,  etc.,  of  pension 

seal,  officers  not  required  to  use,  etc 

service,  general 374 

pensions 364 

sick  leave,  sick  furlough,  etc 367 

special  acts,  pensions  under 374 

surgeon,  contract 364 

termination  of  service,  date  of 367 

total  disability,  rates  fixed  for 

two  pensions  not  allowable 373 

unclaimed  pensions,  etc 373 

volunteers  not  enlisted 363 

war  of  1812 371 

pensions  to  certain  soldiers,  etc 376 

who  may  have 

widows  and  minors,  when  entitled 367 

increased  pensions  to 368 

of  officers,  pensions  to „ 377 

widow,  time  for  which  she  shall  not  receive  pension 376 

withheld,  pensions  not  to  be 376 

Perjury 12,399,400 

claims,  for  the  purpose  of  obtaining 399 

indictment,  form  of 400 

for  subornation 400 

penalty  for 300 

prosecutions  for,  before  a  naval  court-martial 399 

subornation  of  perjury 400 

Pilotage 404 

Pilots;  pilotage 404-405 

aliens  may  be  licensed  as  engineers,  pilots,  etc 405 

boundaries,  pilots  on,  etc 404 

license  fee,  masters,  engineers,  etc.,  to  pay 405 

rates,  no  discrimination  in 405 

regulation,  State 404 

Piracy;  robbery 335,400-404 

accessory  after  the  fact,  etc 404 

to  robbery  or  piracy 402 

commission  from  a  foreign  power,  piracy  under  color  of 403 

confederating,  etc.,  with  pirates 404 

foreign  State,  piracy  by  subjects  or  citizens  of 403 

law  of  nations,  piracy  under 403 

murder,  etc.,  on  high  seas 403 

negroes,  piracy  in  confining  or  detaining,  etc 403 

landing,  seizing,  etc 404 

officers  of  customs  and  marshals,  duties  of 402 

running  away,  etc 404 

seaman  laying  violent  hands  on  his  commander 403 

seas,  robbery  on  high 403 

shore,  robbery  on,  by  crew  of  piratical  vessel 403 

vessels,  condemnation  of  piratical 401 

merchant,  may  resist  pirates 401 

public,  to  suppress  piracy 401 

seizure  of,  fitted  out  for  piracy 401 

seizure  of  piratical 401 

what,  may  be  authorized  to  seize  pirates 402 

Plundering  on  shore 10 

Porter,  Admiral  David  D.,  design  for  statue 527 

Postage,  mail  matter,  etc 406-4 11 

"circular "  defined 407 

deficient  postage '.'.'.'.]'. 408 

division  of  mail  matter  . .  406 


INDEX.                   .  569 

Page. 

Postage,  mail  matter,  etc.,  domestic  postage 406 

envelopes,  letter-sheet 409 

penalty 408 

penalty,  inclosure  to  Member  of  Congress 408 

penalty,  indorsement 408 

penalty,  use  of,  extended 409 

first-class  matter 408 

foreign  mail  matter,  postage  on 406 

foreign  postage 406 

fourth-class  matter 407 

letters  of  advice,  recalled,  etc 410 

money  orders,  fees  for 411 

fees  for,  reduced 410 

how  paid 411 

may  be  destroyed,  etc 411 

orders,  lost,  replacing 410 

postal  cards 406 

double 409 

notes  abolished 410 

"printed  matter"  denned 407 

rates  of  postage 407 

sea  letters,  irregular,  postage  on 406 

second-class  matter 407 

stamps,  official,  how  procured 408 

third-class  matter  defined 407 

vessels,  United  States,  to  carry  mails,  etc 406 

Postal  cards 409-410 

Precedence  and  rank 108-113 

Presents 268 

Printing  and  binding,  public 171,235 

Prisoners,  refusing  to  receive 11 

allowing,  to  escape 305 

Prize 412-421 

adjudication,  proceedings  for,  etc 414 

appraisal,  etc.,  of  property  taken 414 

bounty,  distribution  of 419 

for  persons  on  vessels  sunk,  etc 418 

claim  to  share  in  prize,  statement  of 413 

commanding  officer,  duties  of 412 

commissioners,  prize,  appointment  of 413 

duties  of 413 

costs 418 

defrauding  or  delaying  captor,  etc 421 

expenses 418 

payment  of,  from  prize  fund 418 

master,  prize,  duties  of 12, 413 

money,  prize,  payment  of 419 

officers,  prize  money  allowed  to,  etc 416 

persons,  maltreating,  etc 13 

proceeds,  distribution  to  captors 416 

property,  delivery  of,  etc 416 

removing 13 

taken  on  inland  waters , 421 

when  it  may  be  sold 415 

provisions  of  title,  application  of 412 

recaptures 419 

sale,  mode  of  making 415 

salvage,  distribution  of 419 

share  of  captors 416 

what  officers  are  entitled  to 417 

what  vessels  are  entitled  to 417 

shares,  determination  of 417 

vessels  of  the  Navy 412 

Professors  of  mathematics 102-103 

appointment 102 

duties 102 

Nautical  Almanac,  may  be  placed  in  charge  of 

number 102 

pay 102 

of  professors  at  Naval  Academy 10: ! 


570  INDEX. 

Page, 

Professors  of  mathematics,  professors  at  Naval  Academy,  pay  of 103 

of  ethics,  etc 102 

qualifications 103 

relative  rank  when  retired,  etc 102 

rank 102 

Promotion  and  advancement  in  the  Navy 103-107 

advancement  in  number 106 

delayed  examinations -.  107 

examination  of  professional  fitness 104 

examinations,  when,  and  effect  of 104 

examining  board - 104 

failure  for  misconduct  105 

in  examination 105 

navy  officers  promoted,  etc 104 

officer  may  be  present,  etc 105 

not  to  be  rejected  without  examination 105 

officers  receiving  thanks  of  Congress 106 

rejected  from  promotion 103 

pay,  commencement  of,  etc 107 

promoted  officers 107 

on  promotion 107 

physical  disqualification  by  wounds 104 

examination 104 

powers  of 104 

promotion  to  rear-admiral,  etc 104 

to  vacancies,  etc 103 

when  grade  is  full 106 

promotions,  matters  previously  decided,  etc 105 

record 105 

report  of  recommendation 105 

revision  by  President 105 

seamen,  promotion  of,  to  warrant  officers 103 

thanks  of  Congress  received  by  officers 106 

vote  of,  effect . 106 

vacancies,  by  death  of  officers  thanked,  etc 106 

Property,  public 249 

waste  of 10 

Property,  sale  of 257 

Proposals,  advertisements  for " 169 

Provisions,  miscellaneous ' 21 

Public  documents 235-245 

advertisements 245 

appropriations  not  to  be  exceeded 243 

Army  and  Navy  Kegisters 239 

authorized  work 243 

bills 244 

and  resolutions 242 

binding 242,243 

blanks,  judicial 245 

bonds,  binding 242 

branch  offices,  cost  of 236 

charts,  Coast  Survey 241 

foreign  hydrographic  office 241 

Hydrographic  Office 241 

classification  of  documents 242 

Coast  and  Geodetic  Survey 237 

Coast  Survey  charts 241 

"  compliments,"  inserting,  forbidden 240 

Congressional  Directory 239 

Record 239 

contents 239 

copyrighting  forbidden • 236 

correspondence 242 

cost,  estimate  of 244 

of  branch  offices 236 

Department  publications 237 

offices  to  be  under  Public  Printer 235 

offices  to  be  under  Public  Printer,  exceptions 235 

to  order  documents  required 244 


INDEX.  571 

Page. 

Pub]  ic  documents,  Departments,  documents  to 245 

work  for 244 

Directory,  Congressional 239 

disposal  of  documents,  etc "  237 

distribution 237 

departmental 244 

gratuitous '."'.".'.'.  239 

of  United  States  Statutes 238 

reciprocal  241 

documents,  classification  of 242 

franking 242 

duplication 236 

editing,  etc 240 

envelopes  to  be  contracted  for  by  Postmaster-General 245 

Ephemeris 237 

exchange 245 

excluding  unnecessary  material 244 

force  as  evidence 239 

foreign  legations 241 

franking  documents 242 

Geodetic  Survey 237 

gratuitous  distribution 239 

Hydrographic  Office,  charts 241 

foreign,  charts 241 

illustrations  in  reports 242 

inserting  "compliments"  forbidden ; 240 

iron  and  steel _  239 

laws,  session 237 

legations,  foreign 241 

1  ibraries 243, 245 

limit 244 

messages  and  documents 239 

Nautical  Almanac 237 

Naval  Observatory 237 

notices,  marine 243 

number  limited 243 

usual 236 

observations 237 

Observatory,  Naval 237 

Official  Register 239 

officials,  publications  to 241 

patents,  monthly  volume  issued 240 

preparation » 239 

price 236 

printing  for  the  President 243 

Printing  Office,  work  to  be  done  at 243 

printing,  restriction 244 

publications,  Department 237 

to  officials 241 

Public  Printer,  Department  offices  to  be  under 235 

Record,  Congressional 239 

reciprocal  distribution 241 

Register,  Official 239 

Registers,  Army  and  Navy « 239 

reports,  bureau 243 

committee 242 

crop 243 

Department 243 

form  of 244 

limit  of 239 

requisitions 236,  244 

resolutions 242,244 

sale  of  United  States  Statutes 238 

sales 237 

receipts  from 241 

series 242 

session  laws 238 

Statutes  at  Large 238 


572  INDEX. 

Page. 

Public  documents,  steel 239 

stereotypes,  sale  of,  etc 236 

superintendent,  sale  and  distribution  by 238 

vignettes,  impressions  from,  etc 245 

work,  form  and  style 236 

must  be  authorized 243 

to  be  done  at  Printing  Office 243 

Public  money  and  property 159 

Public  or  Department  records 245-248 

acknowledgments,  taking 247 

consuls,  copies  of  records  in  office  of,  etc 247 

copies,  fees  for 245 

of 246 

in  Solicitor's  Office,  Treasury 246 

records,  etc 247 

returns,  etc 247 

delinquents,  transcripts  from  books  in  suits  against 246 

destroying  public  records 248 

records  by  officer  in  charge 248 

diplomatic  and  consular  officers,  etc 247 

indexes 248 

indictments,  transcripts  in,  etc 247 

Little  &  Brown's  edition  of  the  statutes 247 

oaths,  taking 247 

records,  destroying,  by  officer  in  charge 248 

public,  destroying 248 

returns,  clerks  to  file 248 

copies  of,  in  returns  office 242 

office 248 

transcripts  from  books,  etc 246 

in  indictments  for  embezzlement,  etc 247 

Public  printing  and  binding 235 

Public  property,  buildings,  and  grounds 249-250 

buildings,  restrictions  on  commencement  of 249 

contracting  beyond  specific  appropriation,  etc 250 

contract,  none  to  exceed  appropriation 249 

courts,  jurisdiction  of  United  States 250 

forts,  lands  to  bo  purchased  for 249 

land,  assent  of  States  to  purchase,  for  forts 249 

may  be  condemned,  etc 249 

title  to,  etc : 249 

practice 250 

procedure 250 

purchase  of  land  under  law 249 

ti  tie  to  laud  to  be  purchased  by  the  United  States 249 

Public  property,  use  and  care  of 251 

Punishment 14-21 

Quarantine  and  board  of  health 421-428 

appropriation,  permanent,  for  preventing  epidemics 427 

board  of  health,  national,  abolished 427 

certificate  after  treatment 426 

cl  imatic  conditions 426 

consul,  fees  of 424 

health,  bill  of,  force  and  effect 426 

to  be  obtained  from  consul 423 

immigration  may  be  suspended,  etc 427 

infected  vessels  to  be  sent  to  nearest  quarantine  station 426 

inspection  on  arrival 426 

laws  relating  to  public  health,  review  of 422 

State  health,  to  bo  observed,  etc 421 

local  quarantine 427 

Marine-Hospital  Service,  duties  of 425 

medical  officer  may  be  detailed,  etc 424 

papers,  master  to  deliver  to  customs  officers 426 

penalty  for  vessel  clearing  without  bill  of  health 424 

proceedings 423-424 

punishment  upon  <|iiarantine  grounds 421 

report,  annual 426 


INDEX.  573 

•  Page. 

Quarantine  and  board  of  health,  rules,  etc.,  by  Secretary  of  Treasury 424 

for  vessels  from  foreign  ports 425 

Marine-Hospital  Service  to  assist  in  enforcing li'l 

to  operate  uniformly 424 

sanitary  conditions  of  vessels,  rules  to  secure 426 

reports  to  be  made,  etc 425 

reports,  Aveekly,  domestic 425 

reports,  weekly,  publication,  etc 425 

service,  quarantine 421 

State  buildings,  compensation  for  use  of 427 

stations,  quarantine,  established '    422 

sundry  civil  act 427 

Surgeon-G.eneral  of  Marine-Hospital  Service,  etc 422 

vessels  from  infected  ports,  etc 422 

leaving  infected  ports,  to  be  reported,  etc 422 

not  to  enter,  etc 422 

to  enter  on  health  officer's  certificate 426 

Quarreling 10 

Quarters,  forage,  fuel 156-158 

Railroads  and  telegraphs 428-432 

Capitol  telegraph 431 

Court  of  Claims,  companies  may  sue  in 428 

departmental  telegraph 431 

destruction  of  lines,  willful,  etc 431 

expenses,  actual  traveling,  only  to  officers,  etc 429 

Government  entitled  to  purchase  lines 430 

to  have  priority  in  transmission  of  messages 430 

interstate  communication 428 

land-grant  railroads  not  to  be  paid  for  transportation  of  property 429 

Navy  and  Marine  Corps,  transportation  of,  etc 430 

obligation,  acceptance  of,  to  be  filed 430 

payment  to  certain  railroads  to  be  withheld 428 

refusal  to  transmit  dispatches,  penalty  for 431 

roads,  certain,  exempt  from  provisions 429 

Rank  and  precedence 108-113 

aid  or  executive 108 

assistant  surgeons,  rank  of,  etc 108 

chaplains 110 

chief  of  bureau,  retired  from  position  of 109 

when  below  rank  of  commodore 109 

chiefs  of  bureaus 109 

civil  engineers 110 

commanding  officers,  etc 108 

delayed  examinations,  assistant  surgeons,  etc 108 

Engineer  Corps 109,  111 

engineers  graduated  at  Naval  Academy Ill 

ensigns  as  steerage  officers Ill 

general  order 110 

orders Ill 

graduates  of  Naval  Academy Ill 

Judge- Advocate-General,  rank  of 112 

length  of  service,  how  estimated Ill 

lieutenant  of  junior  grade 109 

Marine  Corps,  rank  of  commandant 112 

relative  rank,  etc 112 

staff  rank 112 

title 112 

Medical  Corps 109 

midshipmen,  promotion  to,  rank 112 

military  command Ill 

Naval  Academy,  graduates  of Ill 

constructor 110 

navy  and  army  officers,  relative  rank  of 108 

officers  advanced  in  rank 112 

Pay  Corps 109 

precedence  by  length  of  service Ill 

processions,  boards,  etc Ill 

professors  of  mathematics 110 


574  INDEX. 

Paga 

Rank  and  precedence,  quarters Ill 

rank  according  to  date 108 

of  commandant  of  Marine  Corps 

not  to  be  changed,  etc 

retired  for  causes  incident  to  service 

revenue-cutter  officers,  etc Ill 

staff  officers,  rights  of 109 

title  of  bureau,  etc 109 

of  provisions  and  clothing,  changed,  etc 109 

warrant  officers Ill 

when  retired,  etc 110 

Rations 113-115 

additional  rations 

bread 115 

butter 115 

commuted  . - 534 

commutation  price  of 

enlisted  men  and  boys,  rations,  etc - 

flour 115 

Marine  Corps,  enlisted  men,  etc 114 

i  i  ( i 
marines 

on  shore  duty,  limit  of  rations  to L15 

meats,  preserved - 

naval  cadets,  rations  to 

detachments  cooperating,  etc 

navy  hospitals,  allowance  to 

ration,  constituents  of 

purchases  without  advertisement 

rations  to  other  officers 113 

retired  officers 

short  allowance 114 

sick,  rations  stopped  for 

substitutions  in 

tomatoes,  desiccated,  etc 

when  not  allowed 113 

Rear-admirals,  pay  of 90 

Rebellion - 448 

Records,  public  or  Department 245 

Register,  duties  of 163 

Regulations 22 

Regulations,  Department 189 

Reimbursement  of  marines  for  losses  by  fire - 527 

Requisitions  of  Secretary  of  Navy  for  advances 174 

Reserved  timber  lands • .". 432-436 

Alabama  and  Mississippi,  naval  reserves,  etc 434 

Biloxi,  lands  near,  to  be  entered  as  town  sites 435 

cattle,  punishment  for  permitting  them  to  enter  lands 

collections  for  depredations,  deposit  of 436 

cutting  or  destruction  of  live  oak  or  red  cedar 433 

injuring  trees,  etc 435 

depredations  on  timber  lands 435 

depredators;  prosecution  of 435 

fences,  breaking,  etc 

Florida  lauds,  examination  of 433 

forest  reservations  not  affected 434 

homesteaders  to  have  preference 434 

live-oak  and  red-cedar  lauds,  protection  of -1 :  >L' 

selection  of 432 

lands 432 

public  lands 434 

punishment  for  breaking  fences,  etc 436 

for  cutting  trees,  etc 435 

red-cedar  lands 432 

sale  of  timber  and  stone  lands,  etc 434 

timber  exported,  seizure  of 436 

vessels  employed  in  carrying,  etc.,  forfeiture  of 434 

laden  with  live  oak,  clearance  of 435 

Retirement  . .  .  116-121 


INDEX.  575 

Page. 

Retirement,  active  duty 118 

pay  on 120 

list,  when  restored  to 119 

lifter  forty  years'  service 116 

62  years  of  age,  or  forty-five  years'  service 116 

assigned  to  command,  etc 119 

assistant  engineers,  third 120 

causes  incident  to  service,  when  retired  for 119 

chief  of  bureau,  retired  from  position  of 119 

commanders  of  squadrons,  selecting,  etc 119 

disability  by  an  incident  of  the  service 117 

by  other  causes 117 

findings 117 

furlough  pay,  officers  retired  on 120 

transfer  from,  to  retired  pay 121 

liabilities 118 

longevity  pay 120 

marine  officers 146-149 

misconduct,  not  to  be  retired  for 117, 118 

Navy  and  Marine  Corps,  retired  officers  may  act  as  teachers 119 

oath  of  members i 117 

officers  of  certain  ranks,  etc 116 

rejected  for  promotion 116 

retired  on  furlough  pay w 120 

pay  of  retired  officers 119 

on  active  duty '. 120 

privileges 118 

powers  and  duties 117 

promotion,  pay  not  increased  by 120 

promotions  and  increase  of  pay,  etc 116 

rations 121 

rear-admirals 120 

retired,  not  to  be,  without  a  hearing 118 

officers,  no  promotion 120 

only  for  disability 116 

retiring"  board 117 

revision  by  President 117 

staff  officers,  relative  rank  of,  etc 119 

teachers,  retired  officers  may  act  as _  119 

transfer  from  furlough  to  retired  pay 121 

vacancies  by  retirement 118 

warrant  officers,  retirement  of 117 

withdrawn  from  command 118 

Revenue-Cutter  Service 436-439 

cadets,  appointment  of 439 

pay  of ' 439 

captains,  qualifications  of 437 

chief  of  division 437 

engineer,  chief 437 

no  additional  pay 437 

first  assistant  changed 437 

second  assistant  changed *. 438 

engineers,  grades  of 437 

title  changed,  etc 437 

lieutenants,  qualifications  of 437 

naval  force,  President  to  use 438 

officers  and  men,  number  of 437 

commissioned,  appointment  of 437 

compensation  of 437 

number  of,  not  increased 439 

petty,  and  crew,  wages  of 438 

powers  and  duties  of 438 

serving  as  part  of  Navy 436 

to  cooperate  with  Navy 438 

promotion,  examination  for 439 

rations 438 

contracts  for 438 

retired  officers,  pay  of 439 


576  INDEX. 

Page. 

Revenue-Cutter  Service,  retirement  of  officers,  board  on 

seals,  fur,  preservation  of 438 

tribunal  of  arbitration  at  Paris,  etc 438 

vessels,  unlawful,  officers  to  seize 438 

Kevolutiouary  pension,  etc 377 

Revised  Statutes ;  Statutes  at  Large 281-267 

acts  of  limitation 

passed  since  December  1,  1873,  not  affected 265 

repeal  of,  etc  . . . - 264 

appropriation  acts,  title  of 262 

association 261 

certification  by  Secretary  of  State 265 

clause,  enacting 

resolving 

company 261 

county 261 

crimes  under  revenue  laws 263 

definitions 261 

distribution 266 

embrace  what 264 

enacting  clause 262 

words,  none,  etc 262 

form  of  statutes 262 

general  provisions 264 

justice,  fleeing  from.... 263 

laws,  promulgation  of 265 

limitations 262 

offenses,  capital 362 

not  capital 263 

penalties  and  forfeitures  under  laws,  etc 263 

preparation  for  printing 265 

preservation  of  copies 262 

printed  copies  to  be  evidence 

process,  parties  beyond  reach  of,  etc 

prosecutions 264 

provisions,  general 261 

repeal  of 264 

punishments 264 

repeals,  effect  of 262 

not  to  affect  liabilities 262 

not  to  revive  former  acts 262 

resolving  clause 262 

revision  relating  to  the  district 265 

rights,  accrued,  reserved 264 

sale 266 

seal 261 

sections,  arrangement  and  classification 265 

numbering  and  frame  of 

stereotyped,  to  be 266 

superintendent  of  documents,  statutes  sold  by 266 

title  of  revision 265 

vehicle 261 

vessel 261 

Rights,  belligerent 358 

Robbery 400 

Rules  for  civil-service  act 183 

Rules  of  the  sea 275,282,294 

Salary  of  Department  employees 181 

Sale  of  property  and  materials 257-261 

appraisers 258 

appropriations 260 

Bureau  of  Provisions  and  Clothing,  title  changed 259 

cannon,  rifled,  to  be  tested,  etc 260, 261 

smooth-bore,  may  be  sold,  etc 260 

examination  of  vessels 258 

material,  old,  statement  of  process  of  sales 260 

materials 257 

money,  penalty  for  withholding 260 


INDEX.  577 

Page. 

Sale  of  property  and  materials,  moneys  to  be  deposited,  etc 259 

naval  stores,  condemned,  sale  of 260 

Navy 261 

of  old  material,  etc 173 

ordnance  material,  disposition  of 260 

proceeds  of  sales  of  material 259 

report  to  be  made  to  Congress 259 

small  stores,  value  of  issues,  etc 259 

stores,  account  of,  to  be  taken 258 

Treasury,  Secretary  of,  duty  of 258 

unprofitable  articles,  sale  of 259 

value  of  issues  of  small  stores,  etc 259 

vessels 257 

examination  of 258 

not  fit  for  further  service,  etc 258 

unserviceable 257 

War,  Secretary  of,  duty  of 258 

Seals 306-307 

Seamen  in  the  Navy 123-130,322-330 

applications 127 

apprentices,  etc 123 

to  be  preferred,  etc 124 

Army  and  Navy 127 

bounty  outfit,  naval  apprentices  to  have 125 

pay  for  reenlistment 129 

consent  of  parents  and  guardians 125 

crews  of  vessels  taken  by  an  enemy. ., 129 

wrecked  or  lost  vessels 129 

deserting,  arrest  of 304 

detention,  additional  pay  for 126 

beyond  term  of  enlistment 126, 128 

limit  of 127 

discharge,  purchase  of,  etc 127 

to  soldiers  and  sailors,  etc 127 

enlisted  men,  number  of,  fixed 124 

pay  of 128 

persons  not  to  be 125 

without  limits  of  United  States,  etc 126 

enlisting,  when  persons  are  prohibited  from 124 

enlistment,  detention  beyond  term  of 128 

false,  punishment  for 125 

of  boys  and  others ^_ 124 

term  of 124 

exception 127 

expiration  of  term  of  enlistment,  men  to  be  sent  home 126 

firemen  and  coal  heavers,  additional  pay  for 128 

fraudulent  enlistment,  punishment  for 125 

Government,  liability  of 130 

held  in  service,  how  long,  etc 126 

home,  seamen  may  have,  etc 128 

honorable  discharge,  certificates  of,  etc 127 

form  of 127 

report  of  men  entitled  to,  etc 128 

to  whom  granted 127 

interest 130 

leave  and  liberty,  duty  as  to  granting 128 

machinists,  honorable  discharge,  pay,  etc 129 

in  Navy,  discharge  of 129 

mates,  seamen  may  be  rated  as 123 

money  deposited  to  be  accounted  for,  etc 130 

national  cemeteries,  etc 129 

naval  apprentices,  etc 125 

training  station,  etc 123 

Navy 124 

enlistment  papers,  etc 125 

pay,  allotment  of,  etc 130 

petty  officers 124 

promotion  of  seamen,  etc 124 

376 37 


578  INDEX. 

Paga 

Seamen  in  the  Navy,  promotion  to  -warrant  officers 12H 

punishment  for  fraudulent  enlistment 251 

rating  not  to  discharge  from  enlistment 123 

regulations,  etc 130 

men  subject  to,  etc 126 

sale  of  prize  money  or  wages,  to  be  discouraged 128 

savings,  may  be  deposited,  etc 130 

seamen,  additional 124 

shipping  articles,  etc 

term  of  enlistment 124 

transfer  from  military  to  naval  service 

wages,  assignments  of 129 

Sea,rulesof 275 

service  

Secretaries  and  clerks 121-122 

assistant  paymasters,  clerks  to 121 

detail  of  officers  to  perform  the  duties 122 

fleet  paymasters,  clerks  to 

inspectors,  clerks  to 122 

pay 122 

paymasters  at  asylums,  etc.,  clerks  to 122 

of  fleets,  clerks  to,  etc 121 

of  receiving  ships,  clerks  to 

of  vessels,  clerks  to 121 

passed  assistant  paymasters,  clerks  to 121 

secretaries  and  clerks  from  civil  life  not  appointed 

when  not  allowed 121 

yards,  clerks  at,  discontinued 122 

Selling,  wrongfully 12 

Service,  merchant 322 

previous 24 

volunteer 137 

Settlement,  etc 174 

Ships,  wooden,  repair  of 527 

Shipwrecks,  losses  by 167 

Shore  duty,  employment  on 25 

Signals 289,296,343 

Slave  trade,  kidnaping,  coolie  trade 440-448 

apprehension  of  officers  and  crew 444 

artists,  when  excepted 447 

bond,  when  owners  of  foreign  vessels  shall  give 445 

bounty 445 

bringing  to  United  States  kidnaped  persons 442 

Chinese  or  Japanese  subjects,  transportation  of,  etc 441 

contract  for  service  void 441 

contracts  for  reception  in  Africa,  of  persons,  etc 445 

in  West  Indies,  etc 446 

void 446 

disposal  of  persons  on  board  seized  vessels 444 

emigrants,  assisting,  etc.,  unlawful 446 

emigration,  voluntary,  etc 441 

foreigners  temporarily  in  United  States,  private  secretaries  of 447 

immigration,  no  charge,  etc 441 

kidnaping 

and  slave  trade 441 

master  of  vessel,  how  punished,  etc 417 

penalties,  distribution  of 445 

penalty  lor  bringing  to  United  States  kidnaped  persons 1 1:; 

for  receiving  persons  to  bo  sold 443 

prohibition  of  cooly  trade 440 

punishment  for  violation  of  sec.  2158 440 

receiving  or  carrying  away  persons  to  be  sold,  etc 442 

relatives,  when  excepted 447 

removal  of  persons  delivered  from  seized  vessels 414 

servants,  when  excepted 447 

serving  in  American  vessels  transporting  slaves 442 

in  foreign  vessels  transporting  slaves 442 

skilled  workmen,  etc.,  when  excepted 447 

transporting  persons  to  be  held  as  slaves 442 


INDEX.  579 

Page. 

Slave  trade  vessel,  condemned,  proceeds  of,  distributed 444 

examination  of 441 

forfeiture  of,  etc 443 

forfeiture  of,  transporting  slaves 443 

penalty  for  building,  etc 443 

vessels,  armed,  instructions  to 446 

armed,  instructions  to  commanders  of 445 

armed,  use  of 444 

building,  to  engage  in  cooly  trade,  punishment 440 

captured,  to  what  port  sent 445 

employed  in  cooly  trade,  to  be  forfeited 440 

equipping  for  slave  trade 441 

seizure  of,  engaged  in  slave  trade 444 

violation  of  act,  penalty  for 447 

Soldiers'  homes,  inmates  of 389 

Spies 9 

Staff  officers,  rights  of 64 

Stamps,  official 408 

Statutes-at-Large 261 

Statutes,  Revised 261 

Statutes,  United  States,  relating  to  Navy,  etc.,  construction  of 454 

Stealing 12 

Steam  machinery,  repair  of 527 

Stewards,  hospital,  pay  of 535 

Storekeepers,  naval 79,  80 

Striking,  flag,  or  superior  officer 8,9 

Surgeons 67,68 

pay  of 92 

assistant,  President  authorized  to  appoint 527 

Sundry  civil  act 427 

Superintendent  Naval  Observatory,  pay  of 79 

Supplies,  contracts,  etc 28-44-171 

dealing  in 11 

Survey,  Coast 274 

foreign  hy drographic 175 

Table  of  foreign  coins 227 

Table  of  weights  and  measures 228-229 

Telegraphs 428 

Temporary  vacancies 193-194 

appointments,  temporary,  limited 194 

restriction  on 194 

authority,  discretionary,  of  President 194 

compensation,  extra,  disallowed 194 

filled,  how 193 

offices,  subordinate 193 

President,  discretionary  authority  of 194 

Tenure  of  office 194-197 

appointees  to  fill  vacancies,  etc.,  no  salaries  to 194 

appointments,  notification  of,  etc 196 

commissions 195 

nominations,  notification  of,  etc 195 

office,  persons  illegally  holding,  proceedings,  etc 195 

penalty  for  illegally  holding  office 196 

rejections,  notification  of,  etc 195 

repeal  of  provisions  relating  to 195 

salaries,  none  to  certain  appointees,  etc 194 

to  officers  improperly  holding  over 194 

unauthorized  office,  no  salary  for 194 

Theft 307 

Timber  lands 432 

Treason,  rebellion,  conspiracy,  and  insurrection 448-453 

Army  and  Navy 451 

Confederate  service  not  to  disqualify 451 

conspiracy  to  defeat  enforcement  of  laws 452 

correspondence,  criminal,  with  foreign  Governments 451 

enlistment  to  serve  against  United  States 452 

foreign  nations,  correspondence  Avith,  to  incite  Indians  to  war 449 

guilty,  parties  to  conspiracy  equally 453 

inciting  rebellion  or  insurrection,  etc 451 

indicted  persons  entitled  to  counsel,  etc 449 


580  INDEX. 

Page. 

Treason,  rebellion,  conspiracy,  and  insurrection,  indictment,  copy  of 

intimidating  witness,  etc 452 

invasion,  orders  of  President  in  case  of 44* 

jurors  and  witnesses,  list  of 449 

messages,  seditious,  penalty  for  carrying 44£ 

penalty  for  sending 449 

militia,  how  apportioned 44* 

subject  to  rules  of  war 448 

misprision  of  treason 451 

office,  conspiracy  to  prevent  accepting  or  holding 4o3 

power  to  suppress  insurrection 450 

proclamation  to  insurgents  to  disperse 450 

protection  of  public  property,  arms  to  be  furnished  for 

of  the  laws,  conspiracy  to  deprive  of 453 

punishment  of  treason 451 

recruiting  soldiers  or  sailors  to  serve  against  United  States 452 

seditious  conspiracy - 452 

State  government,  insurrection  against 450 

treason - 450 

United  States  Government,  insurrection  against 450 

Treasurer,  assistant,  reports  of 221 

Trials,  etc 21 

Trusses,  application  for 

United  States  statutes  relating  to  Navy 454 

construction  of - 454 

opinions  of  Attorneys-General  in  construction  of 

Use  and  care  of  public  property 251-257 

arson  of  armory,  arsenal,  etc 253 

of  dwelling  house,  etc 253 

of  vessel  of  war 254 

buildings,  public,  payments,  etc 254 

buying  public  military  property 252 

concealing,  selling,  etc. ,  public  property 254 

deposits,  injurious,  forbidden 256 

destruction,  unlawful,  of  public  property 252 

dredged  matter,  disposal  of 256 

embezzlement  arms,  stores,  etc 254 

deemed  felony 252 

equipments 253 

fraud,  crimes  of 252 

inventories  of  property 251 

larceny  of  personal  property  of  United  States 254 

line  officer  to  bo  appointed  supervisor  of  harbor 257 

New  York  Harbor 256 

offenses  punishable  at  discretion  of  court-martial 252 

by  death 252 

permit,  deviation  from,  etc 

to  transport  matter  to  dumping  ground 256 

proceedings,  legal 257 

punishment 256 

of  master  or  engineer,  etc 256 

robbery  of  personal  property  of  United  States 254 

stealing,  etc 252 

wrongfully  selling,  etc 252 

stolen  property,  knowingly  receiving,  etc 253 

stranding,  negligent 252 

trial,  when,  etc 253 

uniforms 253 

vessel,  willful  stranding  or  injury  of 252 

waste  of  public  property 252 

water,  flow  to  be  shut  off 254 

Vacancies,  temporary .' 193 

Vessels,  merchant 333 

Vessels  of  the  Navy 130-136 

accidents,  report  of , 136 

appraisement  of  vessels  stricken  from  register 134 

bidders,  recpiirements  from 134 

coal  depots 135 

< ondemned  vessels,  removal  of 134 


INDEX.  581 

Page. 

Vessels  of  the  Navy,  condition 135 

distressed  navigators,  cruising  to  assist 132 

examination  of  naval  vessels 133 

experiments  by  private  builders 132 

model  tank  for 132 

four  classes,  their  command _  131 

how  officered  and  manned 132 

to  be  used 131 

lent  for  drill,  etc 131 

lost,  accounts  of 166-168 

marking  of 337 

names  of  purchased  vessels 131 

name,  two  vessels  not  to  bear  same 131 

Naval  Militia 131 

officers  of  Navy  may  be  detailed,  etc 136 

to  be  citizens  of  United  States 130 

patented  articles  connected  with  marine  engines 132 

piracy,  public  vessels  to  suppress 135 

power  to  employ  vessels 135 

public  vessels  to  suppress  piracy 135 

quarantine  purposes,  vessels  for,  etc 136 

rated,  how 131 

repairs  of  engines,  restriction  on 135 

on  hull  and  spars 132 

on  sails  and  rigging 133 

restoration  of  vessels 136 

restriction  on  repairs  of  engines... 135 

rule  for  naming 131 

sale  of  such  vessels 134 

of  unserviceable  vessels,  etc 133 

of  vessels  unfit  to  be  repaired _  133 

sanitary  condition  of 426 

schools  not  for  penal  purposes -  136 

service,  vessels  kept  in  time  of  peace _  131 

ship  keepers  to  be  detailed 132 

War  Department,  officers  for  service  of 131 

when  to  be  delivered  to  purchaser 134 

to  be  returned 131 

wooden  vessels,  restriction  on  repair  of 134 

Volunteer  service 137 

acting  assistant  surgeons 137 

only  in  time  of  war 137 

credit  for  service  in  volunteer  array  and  navy 137 

for  volunteer  sea  service 137 

of  time,  etc 137 

to  marine  officers 137 

marine  officers,  credit  to 137 

pay  volunteer  service 137 

Voters*  qualifications  of 24 

Wages  for  naval  service 25 

War  of  1812,  pensions 376 

Warrant  officers 138-139 

apprentices,  preference  in  appointment,  etc 138 

appointment  of 138 

preference  in,  etc ' 138 

benefits  to 535 

bonds  of 139 

gunners  as  keepers  of  magazines 138 

number  of 138 

pay 139 

promotion  of  seamen  to 138 

rank 139 

rating  not  to  discharge 138 

seamen,  promotion  to 138 

storekeepers,  acting  as 139 

title........ 138 

Warrants,  form  of  drawing  and  charging 166, 174 

Weights  and  measures 224 

Yachts 342 


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